
At a glance
- DHS now plans to publish a proposed rule to rescind the H-4 spousal work authorization regulation in June. Its original target was February 2018.
- The postponement means that the H-4 EAD program will remain in place longer than anticipated, while DHS completes the months-long regulatory review process.
- USCIS continues to accept and process H-4 EAD applications.
The situation
The Department of Homeland Security has postponed the projected date for publication of a proposed rule to rescind the H-4 spousal work authorization program. The agency now expects to publish the proposal in June 2018; it had previously announced a February 2018 target date.
DHS disclosed its updated plans in a filing in Save Jobs USA v. DHS, a challenge to the H-4 EAD rule that is now pending in the D.C. Circuit Court of Appeals. Last week, the court granted DHS’s motion to hold the lawsuit in abeyance while DHS takes steps to rescind the regulation.
Next steps
DHS’s announcement means that the H-4 EAD program will remain in place for at least several more months. Once DHS finishes drafting the proposed rule, the Office of Management and Budget (OMB) must review the rule. After the OMB review process is complete, DHS is expected to publish a formal notice of the proposed rule in the Federal Register. Organizations and individuals would then have an opportunity to provide feedback during a public comment period (typically 30-60 days).
Employers’ comments will be crucial to make DHS aware of the importance of the H-4 EAD program as an asset in the global competition for talent. If your organization wishes to comment, please contact your designated Fragomen team or the firm’s Government Strategies and Compliance Group.
After the public comment period closes, DHS will review the feedback and prepare to issue a final rule to rescind the program. There is no set timeframe for publication of a final rule, but it is one of the Trump Administration’s key regulatory priorities.
What this means for current H-4 spouses
The current proceedings do not have immediate impact on the H-4 EAD program. USCIS should continue to accept and adjudicate new H-4 EAD applications and renewals until a rescission regulation is finalized and implemented, a process that is expected to take several months once initiated.
If your organization has questions about DHS’s rulemaking plans, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.
Explore more at Fragomen
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
Video
Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.
Media mentions
Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.
Video
Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.
Video
In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.
Fragomen news
Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
Video
Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.
Media mentions
Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.
Video
Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.
Video
In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.
Fragomen news
Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.
