Important Updates
Important Updates
November 17, 2025 | South AfricaSouth Africa: Screen Talent and Global Entertainment Scheme Expression of Interest Period Now Open
November 17, 2025 | United StatesFragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List
November 17, 2025 | MaltaMalta: Stricter Labor Market Testing Rules, New Grace Period for Stays, and Other Reforms in Effect
November 17, 2025 | 🌐Minimum Salary Changes Announced
November 17, 2025 | United StatesPartner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award
November 17, 2025 | South AfricaSouth Africa: Screen Talent and Global Entertainment Scheme Expression of Interest Period Now Open
November 17, 2025 | United StatesFragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List
November 17, 2025 | MaltaMalta: Stricter Labor Market Testing Rules, New Grace Period for Stays, and Other Reforms in Effect
November 17, 2025 | 🌐Minimum Salary Changes Announced
November 17, 2025 | United StatesPartner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award
November 17, 2025 | South AfricaSouth Africa: Screen Talent and Global Entertainment Scheme Expression of Interest Period Now Open
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 AdministrationFragomen Consulting EuropeImmigration 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
  • Fragomen Consulting Europe
  • 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

DHS Postpones Proposed H-4 EAD Rescission Rule

March 1, 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

  • DHS now plans to publish a proposed rule to rescind the H-4 spousal work authorization regulation in June. Its original target was February 2018.
  • The postponement means that the H-4 EAD program will remain in place longer than anticipated, while DHS completes the months-long regulatory review process.
  • USCIS continues to accept and process H-4 EAD applications.

The situation

The Department of Homeland Security has postponed the projected date for publication of a proposed rule to rescind the H-4 spousal work authorization program. The agency now expects to publish the proposal in June 2018; it had previously announced a February 2018 target date.

DHS disclosed its updated plans in a filing in Save Jobs USA v. DHS, a challenge to the H-4 EAD rule that is now pending in the D.C. Circuit Court of Appeals. Last week, the court granted DHS’s motion to hold the lawsuit in abeyance while DHS takes steps to rescind the regulation.

Next steps

DHS’s announcement means that the H-4 EAD program will remain in place for at least several more months. Once DHS finishes drafting the proposed rule, the Office of Management and Budget (OMB) must review the rule. After the OMB review process is complete, DHS is expected to publish a formal notice of the proposed rule in the Federal Register. Organizations and individuals would then have an opportunity to provide feedback during a public comment period (typically 30-60 days).

Employers’ comments 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 and prepare to issue a final rule to rescind the program. There is no set timeframe for publication of a final rule, but it is one of the Trump Administration’s key regulatory priorities.

What this means for current H-4 spouses

The current proceedings do not have immediate impact on the H-4 EAD program. USCIS should continue to accept and adjudicate new H-4 EAD applications and renewals until a rescission regulation is finalized and implemented, a process that is expected to take several months once initiated.

If your organization has questions about DHS’s rulemaking plans, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.

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

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト 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.