Immigration Law Blog

Tuesday, January 9, 2018

H-4 EAD in Jeopardy

Since May 2015, certain H-4 spouses of H-1B principals who have an approved I-140 have been able to apply for employment authorization pursuant to the Employment Authorization for Certain H-4 Dependent Spouses rule. This rule has since been under attack through a legal challenge in the Courts. We have recently learned through a review of the Trump Administration’s Fall 2017 Regulatory Agenda the DHS has tentatively scheduled the release of a proposed rule rescinding the H-4 EAD rule in February 2018.

While we do not have details on how such a rule will be implemented, or if a grace period will be provided, we do warn that it is likely the H-4 EAD will no longer be a benefit afforded to certain H-4 dependent spouses in the future.

We advise our H-4 dependent EAD holders to begin considering alternatives for employment authorization in anticipation of this rescission. Please contact our office to schedule a consultation to discuss your case-specific questions.

Mathews & Peddibhotla Law Group, PC
(510) 498-1949

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