x
Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Learn how we can help you

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.

Facing a Visa Refusal in Canada? Here’s What to Do Next

A visa refusal in Canada can feel like a major setback, but it doesn’t have to be the end of your immigration journey. Whether you applied for a visitor visa, study permit, work permit, ...

Read More

A Guide to Building Your Legacy Through Immigration

How Building Your Legacy Through Immigration Can Help You Live the Life You WantBuilding your legacy through immigration starts with a vision for your future and the courage to act.Immigration ...

Read More

How Family Sponsorship Can Bring Your Loved Ones Home

Being apart from your loved ones can make even the most exciting immigration journey feel incomplete. Whether it's a spouse, child or parent, distance affects your plans and your ...

Read More

Are Tariffs Why Canadian Businesses Move to the U.S.?

Canadian businesses are feeling the pressure. Tariffs are climbing, profits are shrinking, and cross-border trade feels more like a maze than a highway. If you're running ...

Read More

A Comprehensive Guide to U.S. Work and Investor Visas for Canadians

For many Canadians, moving to the United States for work or investment opportunities can be a life-changing decision. The U.S. offers several visa options tailored to business professionals, ...

Read More

Spousal Sponsorship 2024: A Guide to Bringing Your Partner to Canada

Spousal sponsorship remains one of the most popular immigration pathways for families in Canada. In 2024, the process continues to offer a way for Canadian citizens and permanent ...

Read More

We have been working on a very delicate situation in which a young temporary foreign worker was unfortunately seriously injured during an armed robbery and has left him requiring many surgeries and extensive rehabilitation. We are working hard to have this wonderful young man remain in Canada so he may continue to receive the level and quality of care he requires and deserves. As we navigate through the system, the guidance, compassion, commitment and concern that Evelyn and the entire team have provided, has been invaluable to us all. I feel truly fortunate and privileged to have Ackah Business Immigration Law on our side as their passion genuinely shines through.

– Peter Kilty, Parkland Fuel Corporation

View All Testimonials