The H-4 Employment Authorization Document (EAD) Rule has long sparked debate among supporters and critics alike. For years, dependent spouses of H-1B visa holders have waited for the opportunity to legally work in the United States. The rule, introduced by the Department of Homeland Security (DHS), aimed to grant work authorization to certain H-4 visa holders—but it quickly became the center of a high-profile legal battle.
The Save Jobs USA lawsuit, filed against DHS, sought to block the H-4 EAD program. The plaintiffs—former employees of Southern California Edison—argued that they lost their jobs to H-1B workers and claimed the rule unfairly expanded the U.S. labor market. Recently, a federal court denied a motion for a preliminary injunction, allowing the H-4 EAD rule to remain in effect for now. However, the case is far from over, and future rulings could still impact thousands of H-4 spouses.
Background: What Is the H-4 EAD Rule?
The H-4 EAD rule allows eligible spouses of H-1B visa holders to apply for work authorization in the United States. The regulation officially took effect on May 26, 2015, and it was estimated that nearly 179,000 H-4 visa holders could qualify initially—with an additional 55,000 becoming eligible each subsequent year.
To qualify, the principal H-1B visa holder must either have an approved I-140 immigrant petition or have extended H-1B status beyond the standard six-year limit under sections 106(a) and 106(b) of the American Competitiveness in the Twenty-First Century Act (AC21).
The Ongoing H-4 EAD Lawsuit
Opponents of the rule, represented by the Immigration Reform Law Institute (IRLI), claim that granting work authorization to H-4 visa holders increases competition for American jobs and negatively affects domestic wages. The lawsuit argues that the rule violates labor standards and harms U.S. workers.
While the federal court’s recent decision allows the rule to stay in effect temporarily, the litigation is ongoing. The outcome could significantly influence immigration and employment policy for dependent spouses of skilled foreign professionals.
Why the H-4 EAD Rule Matters
If the lawsuit were to succeed, thousands of H-4 visa holders—many of whom have been in the U.S. for years—would lose the ability to work and support their families. The rule not only empowers these individuals economically but also enhances workforce diversity and strengthens family stability within the immigrant community.
At present, U.S. Citizenship and Immigration Services (USCIS) continues to process H-4 EAD applications, and eligible applicants can still file to obtain their employment authorization.
How to Apply for an H-4 EAD
To apply for an H-4 EAD, eligible individuals must submit Form I-765 (Application for Employment Authorization) along with supporting documentation, including:
- Marriage certificate
- Copies of both spouses’ passports
- The H-1B spouse’s I-94 record and approval notice
Once approved, applicants typically receive their employment authorization card within 90 days, allowing them to begin working legally in the United States.
How the Immigration Attorneys at Green Card Link Can Help
Not sure whether you qualify for an H-4 EAD or have questions about how the ongoing lawsuit could affect you? The immigration attorneys at Green Card Link can guide you through every step of the process. Our team explains eligibility requirements in detail, assists with filing your application, and helps respond to any Requests for Evidence (RFEs) that may arise.
At Green Card Link, our immigration attorneys are committed to helping families secure stability and independence in the United States. Contact us today to schedule a consultation and learn how we can help you file your H-4 EAD application or navigate other visa-related concerns.
Related Topics
- H-1B Grace Period
- H-1B Revocation and Layoffs: FAQs
- H-1B RFE: Employer–Employee Relationship
- L-1 to H-1B Change of Status
- H-1B Visa Cap and Lottery Overview
- H-1B Visa Requirements and Documentation
- H-1B Extension and Transfer Process