Important Updates
Important Updates
May 22, 2026 | United Arab EmiratesUnited Arab Emirates: Tougher Wage Protection System Rules Forthcoming
May 22, 2026 | United StatesABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?
May 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 22, 2026Middle East/Africa: Temporary Ebola-Related Entry Restrictions Introduced
May 22, 2026 | 🌐Minimum Salary Changes Announced
May 22, 2026 | United Arab EmiratesUnited Arab Emirates: Tougher Wage Protection System Rules Forthcoming
May 22, 2026 | United StatesABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?
May 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 22, 2026Middle East/Africa: Temporary Ebola-Related Entry Restrictions Introduced
May 22, 2026 | 🌐Minimum Salary Changes Announced
May 22, 2026 | United Arab EmiratesUnited Arab Emirates: Tougher Wage Protection System Rules Forthcoming
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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

Rule to Rescind H-4 Work Authorization Program Remains in Development, DHS Tells Federal Court

August 20, 2018

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 reported to a federal court that the proposed rule to rescind H-4 work authorization is still under review with agency leadership. DHS has not indicated when it expects to publish the proposal.
  • Eligible H-4 spouses can still apply for employment authorization under current rules until further notice.

The situation

The Department of Homeland Security (DHS) has notified a federal appeals court that the long-anticipated draft rule to rescind H-4 work authorization is still being finalized, with senior agency leadership actively considering the rule’s terms.

DHS reported on the status of the proposed H-4 rule in a filing with the U.S. Court of Appeals for the District of Columbia in the case of Save Jobs USA v. DHS, a lawsuit brought by a group of U.S. technology workers challenging the H-4 employment authorization document (EAD) program.  The court proceedings are being held in abeyance while DHS moves forward with its plans to rescind the H-4 EAD program, and DHS is required to provide the court with status reports on the proposed rule every 90 days. 

Today’s status report does not disclose when the agency expects to publish the proposed rule, but reaffirms DHS’s intention to follow through on rescission, confirming that once the rule clears DHS, it will move on to the Office of Management and Budget (OMB) for standard rulemaking review.

The draft rule was originally slated for publication in the Federal Register in February 2018, then was postponed to June.  Speaking last week at an event held by the Center for Immigration Studies, a group that seeks to reduce immigration to the United States, USCIS Director L. Francis Cissna explained that, while the H-4 EAD rescission remains an agency priority, there are currently more urgent rules competing for leadership attention within DHS.

Next steps

Once the proposed rule is published in the Federal Register, organizations and individuals are expected to have an opportunity to provide feedback during a public comment period, which is typically 30-60 days long. 

Comments from employers 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 it receives and prepare to issue a final rule to rescind the program. There is no set timeframe for publication of a final rule. 

What the forthcoming proposal means for current H-4 spouses

The regulation in development is a proposal only and does not have an immediate impact on H-4 spouses.  USCIS should continue to accept and adjudicate new H-4 EAD applications and renewals under current rules until the rescission regulation is finalized and implemented – a process that is expected to take several months. 

Fragomen is closely monitoring the H-4 EAD rescission and will issue further Client Alerts as developments occur.

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

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more

Article

Beyond Temporary Protection: Why Europe Needs Clear Exit Pathways

Knowledge Management Manager Annabelle Duchêne explores how Europe’s prolonged reliance on Temporary Protection Status has created legal and workforce uncertainty and why clear, structured exit pathways are now essential for employers and displaced individuals alike.

Learn more

Article

Saudi Arabia: Premium Residency, Property Ownership and Compensation Structuring Under Vision 2030 - Part 2

Destination Services Director Christine Sperr examines how Saudi Arabia’s evolving Premium Residency framework and newly expanded foreign property ownership rules are reshaping the Kingdom’s appeal for internationally mobile professionals, global employers and institutional investors.

Learn more

Media mentions

Daily Mail: The Great Midlife Exodus to Portugal

Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.

Learn more

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers - Part 1

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more

Article

Beyond Temporary Protection: Why Europe Needs Clear Exit Pathways

Knowledge Management Manager Annabelle Duchêne explores how Europe’s prolonged reliance on Temporary Protection Status has created legal and workforce uncertainty and why clear, structured exit pathways are now essential for employers and displaced individuals alike.

Learn more

Article

Saudi Arabia: Premium Residency, Property Ownership and Compensation Structuring Under Vision 2030 - Part 2

Destination Services Director Christine Sperr examines how Saudi Arabia’s evolving Premium Residency framework and newly expanded foreign property ownership rules are reshaping the Kingdom’s appeal for internationally mobile professionals, global employers and institutional investors.

Learn more

Media mentions

Daily Mail: The Great Midlife Exodus to Portugal

Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.

Learn more

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers - Part 1

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.