H-4 EAD Lawsuit Not Expected to Impact May 26 Filings

Many have been inquiring recently concerning the possible effect of a recent lawsuit on the H-4 EAD rule, which is scheduled to become effective on May 26. The lawsuit, Save Jobs USA vs. DHS, is a suit by a group of California tech workers who are seeking to block the H-4 EAD rule on the grounds that U.S. Citizenship & Immigration Services, part of DHS, does not have authority to implement the rule granting work authorization to spouses of eligible H-1B workers.

It is very unlikely that this lawsuit will be successful, as the H-4 EAD rule has undergone extensive review for the past three years before being finalized. The arguments in the Save Jobs USA case are very similar to a comparable suit filed against the OPT STEM extension rule several years ago, which was unsuccessful. At any rate, the Save Jobs USA case is in very early stages, and is not expected to impact the implementation of the H-4 EAD rule on May 26. Eligible H-4 spouses can plan to file I-765 applications to obtain the EAD card starting May 26.


Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.