x
(403) 452-9515
Ackah Business Immigration Law – Personal and Corporate Immigration
Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Book a Consultation

More Options...

H-4 Dependent Spouses may no longer obtain Work Authorization Documents to work legally in the United States under the Trump Administration

Blog posted on by Evelyn Ackah in Family Class, Spousal Sponsorship and U.S. Immigration

H-4 Dependent Spouses may no longer obtain Work Authorization Documents to work legally in the United States under the Trump Administration

Currently some spouses of H-1B visa holders are eligible for an H4 Visa. The H4 visa does not allow the spouses to work or carry on their own business without obtaining an Employment Authorization Document (“EAD”). However, not all spouses of H-1B holders are eligible to apply under the Employment Authorization Rule. Those who are eligible are H-1B visa holders on track for a green card – meaning that the green card petition has been approved or the H-1B visa has been extended beyond six years pending that approval.

Since the policy came into effect under President Barack Obama in 2015, more than 100,000 H-4 holders have obtained EAD’s and have been able to work in the United States legally. However, the Department of Homeland Security is set to publish a proposal to rescind the H-4 spousal work authorization by June 2018. The announcement will precede several months of review by the Office of Management and Budget (OMB) and a public comment period.

The announcement will not have an immediate impact on the H-4 EAD program and it is likely the United States Citizenship and Immigration Services (“UCIS”) will continue to accept and adjudicate new H-4 EAD applications and renewals until the regulation is formally implemented. However, it may have serious consequences for H-4 Dependent spouses.

With the current Trump administration, the UCIS has stated that they are working toward President Trump’s platform goal of Buy American and Hire American and it is likely that the Department of Homeland Security will follow through on rescinding the H-4 EAD program.

Those who are currently facing uncertainty about the possibility of not being able to work in the United States may want to look to Canada. H-1B and H-4 visa holders in the United States may be eligible under the Global Talent Stream work permits or Canadian Permanent Residence under the Express Entry system.

For more information on the revocation of the H-4 EAD program please click here: https://www.uscis.gov/sites/default/files/files/nativedocuments/Employment_Authorization_for_Certain_H-4_Non-immigrants_-_Representative_Eshoo.pdf


Evelyn L. Ackah, BA, LL.B.

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

More About Evelyn L. Ackah, BA, LL.B.

Parents and Grandparents Super Visa Length of Stay Now 5 years Per Entry

Effective July 4, 2022, the Parents and Grandparents Super Visa length of stay per entry will now be 5 years. Currently, Super Visa holders can stay in Canada for up to 2 years per entry. ...

Read More

Updated Spousal Sponsorship Guidelines for Determining Membership in the Spouse and Common-Law Partner in Canada Class

Canada issued new guidelines for determining if someone is eligible for membership in the spouse and common-law partner in Canada class. The Spouse or Common-Law Partner in Canada ...

Read More

Is the 1 Year Goal for Processing of Spousal Sponsorship Applications Being Met?

Spousal sponsorship applications, like other immigration applications, have been hurt by the backlog caused by the pandemic, and the processing of spousal sponsorship applications ...

Read More

1.5 Year Extension for Some Expiring U.S. Work Permits

The United States Department of Homeland Security announced a 1 1/2 year extension for some expiring work permits, including certain immigrants applying for green cards and spouses ...

Read More

NAFTA Treaty Immigration: The L-1 Visa for Intracompany Transfers to the United States

Global companies often need to relocate key managers and skilled foreign workers to their operations in the United States if a local worker is not available to fill the job. Employers ...

Read More

Client Success Story: Spousal Sponsorship Despite Covid and Travel Restrictions

What's at risk if you DON'T hire an immigration lawyer? Are you a Canadian citizen who wants to sponsor your foreign spouse or partner to move to Canada and become a permanent resident? ...

Read More

Evelyn is one of the most driven and yet compassionate people I have ever met. I am not surprised to see her firm getting great client feedback!

S.F.

View All Testimonials