Proposed Rule to End H-4 EAD Program Coming Before End of 2018

Within the next three months, the Trump Administration is expected to issue a notice of proposed rulemaking (NPRM) to end the program that allows a qualifying H-4 spouse to obtain an employment authorization document (EAD). Once the NPRM is issued, the public will be given an opportunity to submit comments to the U.S. Department of Homeland Security (DHS) on the proposal. Only after considering the public comments would the DHS be able to publish a final rule.

Until and unless a final rule is published – a process that typically takes at least several months – the H-4 EAD program is expected to continue without any changes. The U.S. Citizenship and Immigration Services (USCIS) will continue to process new and renewal applications, and existing H-4 EADs will remain valid.

Assuming the final rule eventually is implemented, it is not yet clear what impact this will have on those with existing H-4 EADs or pending I-765 applications for an H-4 EAD.

As soon as more details become available, an update will be posted on MurthyDotCom. Subscribe to the free MurthyBulletin to receive future updates in your inbox.


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