The prior administration proposed regulations to take away employment authorization for H-4 spouses.  An ongoing lawsuit similarly challenges the validity of these work permits for spouses of H-1B employees. Taking away this work permit would end employment authorization for thousands of spouses lawfully present in the United States.  This would inordinately impact women who make up 90% of H-4 visa holders. It would also limit the ability of spouses to help support their family financially.

Fortunately, the Biden administration recently withdrew the proposed regulation to end H-4 work authorization. President Biden has also indicated he wants to make H-4 EADs law as a part of his plan for immigration reform.  However, the validity of the EAD is still under review in court.  We expect another update next month, but for now the H-4 EAD is here to stay!