In a conference call with stakeholders today, U.S. Citizenship and Immigration Services (USCIS) Director Leon Rodriguez said that his agency is completing work on a regulation that allows certain H-4 nonimmigrants to apply for employment authorization, with implementation “close at hand.” Director Rodriguez offered no concrete details or timelines, but he reassured stakeholders that no policy issues remain unresolved. Rather, the agency is finalizing administrative matters concerning issuance of employment authorization documents (EADs) to eligible H-4 nonimmigrants. The regulation was originally slated for publication in December 2014.
As originally proposed, the rule would allow an H-4 nonimmigrant to apply for employment authorization if his or her H-1B spouse (1) is the beneficiary of an approved Form I-140 immigrant worker petition; or (2) is the beneficiary of a labor certification application or an I-140 petition that was filed on his or her behalf 365 days or more in the past and is seeking or has obtained an extension of H-1B status beyond the sixth year on the basis of the pending permanent residence case.
What’s Next for the H-4 EAD Rule
USCIS must submit a final version of the regulation to the Office of Management and Budget (OMB) for review and clearance. After OMB gives its approval, the rule will be published in the Federal Register and an implementation date announced. USCIS is expected to begin accepting H-4 EAD applications soon after the rule is published.
Details of the final rule -- including information about EAD eligibility and application requirements -- are confidential and will not be released until the rule is slated for publication.
What This Means for Employers and Foreign Nationals
Once the rule is implemented, eligible H-4 nonimmigrants will need to file a Form I-765 application for employment authorization, along with documentation of their H-1B spouse's permanent residence case. USCIS is expected to announce specific application procedures and requirements when the regulation is finally released.
Fragomen is closely monitoring the progress of the rule. We will notify employers and foreign nationals as soon as the H-4 EAD program is formally announced.
Explore more at Fragomen
Awards
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.
Blog post
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.
Visas
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.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.
Fragomen news
Awards
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.
Blog post
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.
Visas
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.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.
Fragomen news