
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.
Explore more at Fragomen
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.
Media mentions
Media mentions
Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.
Blog post
Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.
Video
Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.
Media mentions
Media mentions
Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.
Blog post
Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.
Video
Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

