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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.
What’s Next for the H-4 EAD Program
The appeals court has not yet ruled on DHS’s request for more time. Even if the government’s 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.
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- Fragomen in Irvine, CA
- Fragomen in Houston, TX
- Fragomen in Chicago, IL
- Fragomen in Los Angeles, CA
- Fragomen in Washington, DC
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Detroit, MI
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
Related offices
- Fragomen in Silicon Valley, CA
- Fragomen in San Francisco, CA
- Fragomen in San Diego, CA
- Fragomen in Phoenix, AZ
- Fragomen in New York, NY
- Fragomen in Matawan, NJ
- Fragomen in Irvine, CA
- Fragomen in Houston, TX
- Fragomen in Chicago, IL
- Fragomen in Los Angeles, CA
- Fragomen in Washington, DC
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Detroit, MI
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
Related offices
- Fragomen in Silicon Valley, CA
- Fragomen in San Francisco, CA
- Fragomen in San Diego, CA
- Fragomen in Phoenix, AZ
- Fragomen in New York, NY
- Fragomen in Matawan, NJ
- Fragomen in Irvine, CA
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- Fragomen in Chicago, IL
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Media mentions
Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.
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Media mentions
Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.
Work authorization
Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.
Media mentions
In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
