
At a glance
- The Department of Homeland Security has stated that the earliest possible publication date of a proposed regulation to rescind the H-4 employment authorization program is Spring 2020, but suggests that the proposal might come even later.
- Eligible H-4 spouses can continue to seek new or renewed work authorization under current rules until further notice.
The issue
The Department of Homeland Security has informed a federal appeals court that a proposed regulation to rescind the H-4 employment authorization program is not likely to be published before Spring 2020 and indicates that even this estimate is “aspirational.”
The disclosure came in a letter to the U.S. Court of Appeals for the D.C. Circuit in Save Jobs v. DHS, the lawsuit challenging the H-4 EAD program. The court is considering whether to postpone oral arguments in the case indefinitely.
What this means for the H-4 EAD program
DHS’s estimated timeline indicates that a final regulation rescinding the H-4 work program is not likely to occur in the near term. If the proposal is published, the public would have an opportunity to provide feedback during a public comment period, which is typically 30 to 60 days long. After the public comment period, DHS would review the feedback and craft a final regulation, which would have to undergo further OMB review before publication. There is no set timeframe for this process, but it typically takes several months at least.
What H-4 nonimmigrants should do now
Eligible H-4 spouses can continue to seek new or renewed work authorization under current rules. USCIS continues to accept and adjudicate these filings. H-4 spouses should file as soon as they are eligible. Holders of current H-4 EADs can file a renewal application up to six months before the expiration of their current document. An H-4 EAD application can also be filed at the same time as the H-1B principal’s application to extend status beyond the sixth year. Eligible spouses in another immigration category can submit an EAD application along with an application to change status to H-4.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Media mentions
Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.
Awards
Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.
Media mentions
Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.
Blog post
Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.
Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.
Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.
Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.
Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
Media mentions
Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.
Awards
Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.
Media mentions
Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.
Blog post
Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.
Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.
Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.
Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.
Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
