
Country / Territory
Executive Summary
- In a federal lawsuit, the Department of Homeland Security has asked a court for three more months to review and reconsider the H-4 employment authorization rule.
- Eligible H-4 spouses of H-1B workers can still apply for new or renewed employment authorization, but the Department of Homeland Security could restrict or terminate the program in the future.
The Department of Homeland Security (DHS) has asked a federal appeals court for more time to review and reconsider the H-4 employment authorization program. The Obama-era rule, which permits certain H-4 spouses of H-1B workers to apply for employment authorization documents (EADs), remains in place for now, but DHS could elect to restrict or terminate it in the future.
Ongoing Litigation Against H-4 Employment Rule
- DHS made its request to the U.S. Court of Appeals for the District of Columbia Circuit in the case of Save Jobs USA v. DHS, a lawsuit brought by a group of U.S. technology workers challenging the legality of the H-4 EAD rule.
- The lawsuit was dismissed by a lower court last year, but the plaintiffs are appealing that ruling.
- The government wants until December 31, 2017 to consider H-4 employment in light of the Buy American, Hire American executive order, which directs DHS to protect the interests of U.S. workers when administering U.S. immigration law.
- The plaintiff-appellants want their appeal to go forward, but the Trump administration has requested that the case be put on hold for the third time.
Whatโs Next for the H-4 EAD Program
The appeals court has not yet ruled on DHSโs request for more time. Even if the governmentโs motion is denied, there should be no immediate impact on the H-4 EAD program. Qualifying H-4 spouses can continue to apply for new or renewed employment authorization.
In its filing, DHS indicates that it may publish a new proposed rule concerning H-4 employment authorization in the coming months. If DHS does so, it is likely, though not certain, to use regular administrative procedures with a notice and comment period to allow individuals and organizations an opportunity to provide feedback. The submission of comments would be crucial to make DHS aware of the importance of the H-4 EAD program and to give feedback on any proposed changes.
Fragomen is closely monitoring the status of the H-4 EAD regulation, and will provide updates as developments occur.
If you have any questions about the H-4 EAD program, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.
Country / Territory
Explore more at Fragomen
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Barโs Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with todayโs business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UKโs evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the systemโs future direction.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexicoโข 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHSโs proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.
Fragomen news
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms โ United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Globalโs 2025 Super Star Award for Humanitarian Commitment, honoring the firmโs leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canadaโs 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Barโs Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with todayโs business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UKโs evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the systemโs future direction.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexicoโข 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHSโs proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.
Fragomen news
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms โ United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Globalโs 2025 Super Star Award for Humanitarian Commitment, honoring the firmโs leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canadaโs 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.
