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DHS to Seek to Rescind H-4 EAD Program in Spring 2020



Implementation of the rule rescinding EAD work authorization for H-4 nonimmigrants has been delayed. DHS provided an updated timeline in a letter submitted to the U.S. Court of Appeals for the District of Columbia in the case of Save Jobs USA v. DHS, stating that the proposed rule is not expected to be published in the Federal Register until spring 2020 at the earliest.


In February 2019, DHS submitted its proposed rule for review to the Office of Management and Budget (OMB), where it remains pending.


Currently, there have been no changes implemented to the H-4 EAD work authorization program. Under the current regulations, H-4 spouses (whose H-1B spouses have an approved I-140 Petition) can continue to apply for an EAD card, and EAD card extensions. EAD Extension Applications can be filed up to 6 months before the expiration of the EAD card.