Timely Relief For Seven H-4 Spouses In California!

A federal court in California has given temporary relief to seven H-4 visa holders who challenged the US government’s decision to end automatic extensions of work permits. However, the ruling is limited to these seven people and does not bring back automatic EAD extensions for all H-4 spouses.

The seven H-4 EAD holders approached the court after the Department of Homeland Security ended automatic extensions for certain employment authorization documents. The change affected H-4 spouses of H-1B workers as well.

The California court has now issued a preliminary injunction in favour of the seven plaintiffs. The judge questioned whether the government followed the proper legal process while bringing in the rule. The court found concerns with the decision to skip the normal public notice and comment process.

This ruling could be important for the ongoing legal battle over H-4 EAD work authorization. However, other H-4 EAD holders cannot automatically claim the same relief based on this order.

For thousands of H-4 spouses, including many Indian professionals and their families, the current rules continue to apply. They should not assume that their work authorization will automatically continue after their EAD expires while a renewal application is pending.

Meanwhile, the Trump administration is moving ahead with further changes to the EAD system. There is also a longer-term proposal that could affect the eligibility of some H-4 spouses for employment authorization.

For now, the California court order gives relief only to the seven people who filed the case. The broader H-4 EAD policy remains unchanged unless there is another court order or the government changes the rules.