DHS H-4 EAD Updates

The Department of Homeland Security has submitted a status report in the case of Save Jobs USA v. DHS, which is still being held in abeyance. AILA Doc. No. 15052675. The status report indicated that DHS intends to publish a Notice of Proposed Rulemaking to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization by June 2018.

According to USCIS data, 104,750 H-4 spouses have received employment authorization under the current H-4 employment authorization rule, which was published at 80 FR 10284 on 2/25/15.

The following are the previous updates reported by the American Immigration Lawyers Association(AILA):

November 17, 2017
The D.C. Circuit Court of Appeals granted the government's motion to hold proceedings in abeyance pending further order of the court and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by January 2, 2018.

September 27, 2017
DHS filed a motion to hold proceedings in abeyance through December 31, 2017. (Save Jobs USA v. DHS, 9/27/17)

September 20, 2017
Save Jobs USA filed a motion to reschedule briefing and oral argument.

June 23, 2017
The D.C. Circuit Court of Appeals granted the government's motion to hold the proceedings in abeyance and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by September 27, 2017.

April 3, 2017
The government filed a motion with the D.C. Circuit Court of Appeals requesting that the court hold the proceedings in abeyance for 180 days, up to and including September 27, 2017, to permit DHS to reconsider the H-4 EAD rule and whether it should revise the rule through notice-and-comment rulemaking. (Save Jobs USA v. DHS, 4/3/17)

May 24, 2015
Memorandum opinion denying Save Jobs motion, finding that Save Jobs failed to show it would suffer irreparable harm absent preliminary relief.

April 23, 2015
A group of tech workers formed by Americans who were employed at Southern California Edison, filed a complaint for declaratory and injunctive relief and a motion for preliminary injunction staying the implementation of USCIS's final rule on employment authorization for certain H-4 dependent spouses.

Please feel free to contact our office if you have any immigration questions.