
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
Managing Director Diogo Kloper examines the challenges of hiring foreign talent in Brazil’s evolving energy sector and the role of compliance in supporting innovation.

Blog post
Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Media mentions

Media mentions
Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Video
Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Blog post

Blog post
Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Media mentions
Managing Director Diogo Kloper examines the challenges of hiring foreign talent in Brazil’s evolving energy sector and the role of compliance in supporting innovation.

Blog post
Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Media mentions

Media mentions
Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Video
Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Blog post

Blog post
Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.