H-4 EAD Update: The End is Further Away Than We Thought

It has long been rumored that the Trump administration would issue regulations to eliminate the H-4 EAD provisions. In fact, earlier this year, we thought that the proposed rules would be issued at any time. However, the Department of Homeland Security has recently confirmed through a filing in connection with the lawsuit Save Jobs USA v. DHS (now pending in the D.C. Circuit Court of Appeals) that they will issue the proposed rule to eliminate H-4 EADs in June 2018.

What Does This Mean For You?

Once the proposed rule is issued, there will be a comment period of at least 60 days, during which interested parties can review the proposed rule and submit their feedback. USCIS should then review the comments received, and issue a final rule. This whole process will take several months, starting in June, so we expect the H-4 EADs will still be in place at least through the end of the year.

That means that right now USCIS is still accepting and processing H-4 EAD extensions and new applications. Right now, we do not know what the H-4 EAD phase-out will look like. That is, we do not know if all H-4 EADs will be invalid immediately as soon as the final rule is effective, or if USCIS will simply not renew H-4 EADs once the final rule is effective. We will have more information on that once the proposed and final rules are published.

If you need assistance with an H-4 EAD, or another type of family-based or employment-based immigration matter, please email us today at info@sumnerimmigration.com. We look forward to assisting you!

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