On December 15, The Department of Homeland Security announced that it is proposing a rule which would end the H-4 EAD (employment authorization document). See the official notice of proposed rulemaking here. The rule must still be entered into the Federal Register and undergo a comment period before it is enacted but other than formalities there is not much standing in its way.

The publishing of the proposed rule and its final passing will make the lawsuit brought by the Save Jobs USA organization against DHS moot even though the case was dismissed by the Federal Circuit courts and is now on appeal. India-West did an excellent article regarding how the H4 EAD helps create jobs and does not take them away from America workers. The article can be found here.

Those relying on H4 EADs for work authorization will need to prepare for the inevitability of losing their ability to work in the U.S. Options to consider going forward may include an H-1b cap filing in this year’s lottery or other work visas for which one may be eligible. Individual assessment with you and your employer will be necessary. We will know more details once the rule is finalized.