The current H-4 EAD program will continue to be valid until at least June 2018, according to a status report submitted to the court in connection with the ongoing federal litigation in the case of Save Jobs USA v. DHS. Originally, DHS represented that it will begin the formal rule making process to change the existing H-4 EAD rule by February 2018. DHS is delaying the rule making process so that they may perform an economic analysis to support certain revisions. Presumably the economic analysis is to assess the impact of the H-4 EAD to the U.S. economy in general and also the American workers' employment opportunities in particular. Based on this new development, the case will likely to be held in abeyance till the new rule is published. H-4 dependents should be able to continue applying for EADs for the time being, unless DHS issues additional policy changes in the interim. Approximately 104,750 H-4 spouses have received EAD since the program started in 2015.
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DHS recently indicated to a Federal court that the proposed rule concerning the H-4 visa rule is currently in final DHS clearance. After final clearance, it will be sent to the Office of Management and Budget for review. Hence, a new final rule could become effective very soon within 3 to 5 months. Eligible applications for H-4 EAD should submit their applications immediately before any substantial changes take place.
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