H-4 — Blog — Nadia Yakoob & Associates

Repeal of H-4 EAD Delayed Until Spring 2020

The publication of a proposed rule that would rescind the H-4 EAD has been delayed until at least spring 2020. In a letter submitted by the Department of Homeland Security (“DHS”) to the U.S. Court of Appeals for the District of Columbia last week, the agency confirmed that while it still plans on publishing a rule to repeal the H-4 EAD, the proposed rule is still undergoing interagency review. DHS also stated that the spring 2020 date was “aspirational.”

Nonimmigrant, DHSNadia YakoobSeptember 23, 2019H-4, U.S. Court of Appeals, DHS, H-4 EAD, H-1B

Litigation over H-4 EAD Resumes

Recent third party intervention has ensured that litigation over the H-4 EAD will move forward. Immigration Voice, a group representing high-skilled foreign nationals, filed a Motion to Intervene with the federal court where the case has been pending (“held in abeyance”) since March 2017 due to government delay. That motion was granted on December 17, 2018, and the Court has ordered the case to move forward. Opening briefs are due in January 2019.

Nonimmigrant, H-1BNadia YakoobDecember 27, 2018H-4, H-4 EAD, immigration law, H-1B

Survey: The Economics of H-4 Employment Authorization

With the Trump administration preparing to repeal the H-4 EAD this summer, several independent studies of the economic impact of H-4 spouses with employment authorization are underway. We highly recommend that individuals in H-4 status complete this survey.