On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program.
For close to five years, spouses of H-1B workers holding H-4 EADs—who number approximately 100,000 and who are primarily women and from India—have been living with the uncertainty that their work authorization could be eliminated at any time. In addition to the Trump administration’s proposed rule, there has been ongoing litigation challenging H-4 work authorization.
The withdrawal provides much needed reassurance to H-4 EAD holders and their employers regarding ongoing availability of the program. However, excessive delays in U.S. Citizenship & Immigration Services’ adjudication of these benefits requests and the lack of an automatic extension of work authorization while renewals are pending continue to wreak havoc for those in the workforce and their employers.
Goldblum & Pollins continues to monitor developments in this program.