H-4 EAD: Why It Was Created and Why Losing It Matters

DHS has now put eliminating H-4 EAD back on its regulatory agenda under RIN 1615-AD14.

This has not formally entered the rulemaking process yet. The current agenda lists the NPRM date as “To Be Determined,” so there is still a long process ahead before any change could take effect.

A quick history of H-4 EAD, and why removing it can be such a major issue.

Before 2015, H-4 spouses could live and study in the United States, but generally could not work.

DHS created the H-4 EAD rule in 2015, effective May 26, 2015, largely to reduce the hardship faced by families stuck in long employment-based green card backlogs and to help the U.S. retain skilled H-1B workers.

Before H-4 EAD existed, spouses had far fewer options. Many had to remain unemployed, study, change to F-1 and later use CPT or OPT, obtain their own H-1B or other work-authorized status, or work outside the United States.

H-4 and H-4 EAD applications are not independently eligible for premium processing.

From January 25, 2023 through January 18, 2025, however, the Edakunni v. Mayorkas settlement required USCIS to adjudicate properly bundled H-4 and H-4 EAD applications together with the principal H-1B petition, including premium-processed H-1Bs.

That guaranteed bundled-adjudication period has now expired.

So today, an H-1B may be premium processed, while the related H-4 and H-4 EAD applications can remain pending much longer.

Beyond the long processing times, H-4 spouses now face an even bigger concern: the possible loss of H-4 EAD.

Losing H-4 EAD would force many spouses out of the workforce after years of building careers in the United States.