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!

Recent blog posts

Great news for those applying for naturalization to become a US citizen! USCIS will now continue to use the 2008 version of the civics test. In the last days of the Trump administration, USCIS announced that they would use a longer and harder version… Read More
By Nikita Hernandez, Sumner Immigration Law Paralegal It’s official! You’ve become Mr. or Mrs. and want to take on your spouse’s name while getting your US permanent residence situated, but when is the best time to do that? APPLYING FOR A NAME… Read More
One of the most common questions that we receive from our clients is about case processing time. The USCIS and DOL estimated case processing times are available online, but that source can be frustrating as they sometimes give a wide range of timefra… Read More

Read More Blog Posts

“We have been working with Emily since 2005, she has extensive knowledge on immigration and has always produced great results for our immigration filings. I would strongly recommend Emily Sumner for your immigration needs. Read More"
– Gary G.
“My husband hired Emily to help me file for immigration (I-130 Petition/I-485 Application for Permanent Residence) and she was very professional and efficient. I was extremely impressed with how fast she was to respond to any question that I had (emai… Read More"
– Rachel

More Client Reviews