
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.
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.
Country / Territory
Explore more at Fragomen
Podcast
Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.
Blog post
Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.
Video
In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.
Fragomen news
Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Media mentions
Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
Podcast
Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.
Blog post
Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.
Video
In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.
Fragomen news
Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Media mentions
Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
