Department of Homeland Security Submits Status Report in H-4 EAD Case

Last Updated on March 1, 2023


The Department of Homeland Security (DHS) recently submitted a status report in the case, Save Jobs USA v. DHS, 8/20/18. The case first started in April 2015 when technology workers employed by Southern California Edison filed a complaint for declaratory and injunctive relief and a motion for preliminary injunction, seeking to stay the implementation of the U.S. Citizenship and Immigration Services final rule on employment authorization for certain H-4 dependent spouses.  

That final rule was effective May 26, 2015. And as of late August 2018, Save Jobs USA v. DHS is still in a state of suspension. 

In the status report, DHS indicated that the proposed rule to remove from regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization is still ongoing.  

Senior DHS leadership positions are still in the process of considering terms of the proposed rule for approval. Once DHS clears the proposed rule, it will be sent to the Office of Management and Budget (OMB) for review. 

Envoy is pleased to provide you this information, which was prepared in collaboration with Stephanie Wedel, Associate at Global Immigration Associates, P.C. (, Envoy’s affiliated law firm.