Important Updates
Important Updates
October 8, 2025 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
October 8, 2025 | United KingdomManaging Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"
October 8, 2025 | PolandPoland: New Requirements Forthcoming for Identification Number Applicants and for Health Benefits for Children of Foreign Nationals
October 8, 2025 | South AfricaSouth Africa: Nationals of Lesotho and Zimbabwean Now Eligible for Automatically Extended Exemption Permits
October 8, 2025 | United StatesSports Lawyer Association: Sport Shorts Episode 115 With Partner Dan Schwarz
October 8, 2025 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
October 8, 2025 | United KingdomManaging Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"
October 8, 2025 | PolandPoland: New Requirements Forthcoming for Identification Number Applicants and for Health Benefits for Children of Foreign Nationals
October 8, 2025 | South AfricaSouth Africa: Nationals of Lesotho and Zimbabwean Now Eligible for Automatically Extended Exemption Permits
October 8, 2025 | United StatesSports Lawyer Association: Sport Shorts Episode 115 With Partner Dan Schwarz
October 8, 2025 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

H-4 EAD Rescission Proposal Unlikely Before Spring 2020, DHS Says

September 17, 2019

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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.  

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more
Generic Insights

Media mentions

Sports Lawyer Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

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. 

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more
Generic Insights

Media mentions

Sports Lawyer Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

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. 

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.