Media Source Immigration Expert: Event Speaker

Richard Herman: Your Go-To Immigration Expert in an Era of Uncertainty

As the 2025 political landscape shapes up under Donald Trump’s return to the presidency, anxiety is skyrocketing over his potential crackdown on immigration. From the threat of mass deportations to stringent restrictions on H-1B workers, F-1 students, TPS holders, and family-based visa applicants, America’s immigration system is bracing for seismic changes.

In this climate of fear and uncertainty, journalists, podcast hosts, and event organizers need a trusted expert to navigate these issues with clarity, insight, and passion.

Enter Richard Herman, one of the nation’s most dynamic, unique and respected voices on immigration law and policy. Richard Herman navigates the complexities of immigration politics in the current political landscape, providing essential perspectives on the intersection of cultural perceptions and policies.

Why Journalists and Media Professionals Turn to Richard Herman

Richard Herman is not just an immigration lawyer—he’s a storyteller, thought leader, and advocate who cuts through the noise to deliver facts, insight, and perspective on the most pressing immigration issues of our time. His blend of legal expertise, real-world experience, and engaging communication style makes him the perfect source for journalists and event organizers alike.

1. Expertise That’s Always Relevant

Richard specializes in dissecting hot-button topics like:

• Mass Deportations: What could happen to millions of undocumented immigrants and how this impacts communities.
• H-1B Workers: The potential rollback of visa programs that power America’s tech industry.
• Foreign Investors and Entrepreneurs (E-2, EB-5, L-1):  Will immigration restrictions reduce immigrant entrepreneurs desire to come to the U.S.?
• F-1 International Students: How restrictions could derail the future of global talent in the U.S.
• Family-Based Immigration: Delays, denials, and increased scrutiny for marriage-based green cards and fiancé visas.
• TPS Holders: What Trump’s policies could mean for over 800,000 individuals who have lived and worked legally in the U.S. for decades.
• Asylum Seekers: The humanitarian and legal challenges of those fleeing persecution.
  • Challenges within the U.S. asylum system: The significant backlog of cases and the legal requirements of asylum law, which mandate the processing of asylum claims. The surge in asylum-seekers and their dire circumstances have led to increased scrutiny and misunderstanding of the system, particularly in political discourse.
• Immigration Enforcement: The complexities and challenges faced by immigrants, influenced by various factors including climate change and credential recognition. This includes addressing common queries and challenges within the immigration process.

His ability to translate complex legal topics into digestible, compelling stories empowers audiences to understand the stakes and take action.

2. A Voice for Clarity in Chaotic Times

Richard has been featured in top-tier news organizations such as The New York Times, NPR, ABC News, and Forbes, providing clear, concise, and impactful commentary. He brings a sharp, balanced perspective that resonates with audiences, breaking down complex issues into relatable stories that matter.

3. Engaging, Thought-Provoking Speaker

For event organizers, Richard’s keynotes deliver a mix of inspiration, education, and provocation:

• Memorable Content: Richard speaks to the heart of immigration, explaining how immigrants fuel America’s economy, culture, and innovation.
• Real Stories: From immigrant entrepreneurs to families torn apart by deportation, Richard’s storytelling connects data to humanity.
  • He also discusses the impact of deportations on Latin America, highlighting the complex effects on both destination and origin countries.
• Action-Oriented: He doesn’t just inform—he motivates audiences to think critically and act decisively.

 Timely Topics for Journalists and Organizers

With Trump promising an immigration crackdown, Richard is prepared to comment on:

• What Trump’s mass deportation plan could look like: Legal realities, logistical challenges, and humanitarian crises.
• How tighter visa restrictions could impact U.S. industries: From tech startups to universities, the ripple effect of losing global talent.
• TPS terminations and their economic and human toll: The fight to protect immigrants who have lived legally in the U.S. for decades.
• Marriage-based green cards and fiancé visas under scrutiny: How Trump’s policies could increase denial rates and separate families.
• The impact of mass arrests and detentions: Examining what this means for immigrants and their U.S.-born families.

 

 

Who Is Richard Herman?

Richard Herman is not your average immigration lawyer. A former resident of Moscow, Russia, with nearly 30 years of U.S. immigration law experience, he is:

A Legal Expert: Recognized in Best Lawyers in America© and Super Lawyers© for his innovative approaches to immigration law.

An Author: Co-author of Immigrant, Inc. — a groundbreaking book on how immigrant entrepreneurs are driving the U.S. economy

A Global Advocate: Known for his work in promoting immigrant-friendly policies that revitalize cities (like his hometown of Cleveland) and foster economic growth.

A Thought Leader: Frequently featured in national media, including The New York Times, ABC News, NPR, FOX News, and Forbes.

Fresh Ideas and Original Insights on Global Migration

Richard is not just an expert in immigration law—he’s a forward-thinker who challenges conventional narratives.

1. Immigrants as Economic Engines

At a time when immigrants are often viewed in a negative light, Richard seeks to raise awareness that the foreign-born demographic is an entrepreneurial and talent-rich resource that helps make America great.

The significant number of immigrants living in the U.S., particularly those born in Mexico, has notably increased, impacting the economy through their contributions and demographic shifts.

It is no accident that forty-six percent of the Fortune 500 were founded by immigrants, or their children.

Research demonstrates that immigrants, when compared to American-born, are:

·         Twice as likely to launch a business in the U.S.;

·         Twice as likely to invent and own a U.S. patent;

·         More likely to have the international relationships and cultural skills to navigate new export markets and attract investment from abroad.

·         Richard highlights how immigrants drive innovation, revive neighborhoods, and create American jobs.

2. The Immigrant Mindset

Richard believes that immigrants have something more important to share with us than just their entrepreneurial output and innovation.

They have something to teach us.

Richard talks of immigrants as our “Dream-Keepers” — the ones that most fervently believe that the American Dream is alive and well.  Their entrepreneurial and abundance mindset can help all of us, American-born included, by inspiring all us to “Think Like an Immigrant!”

Richard’s philosophy of “Thinking Like an Immigrant” celebrates the resilience, creativity, and entrepreneurial spirit of immigrants.

He shares actionable insights from his book Immigrant, Inc. to inspire businesses, communities, and individuals.

Immigration Policy Reform Advocacy

Richard is a vocal advocate for comprehensive immigration reform, emphasizing economic development, national security, and social unity. He highlights how media framing of immigrants’ legal status influences public opinion and policy debates, noting that different portrayals by conservative and liberal outlets can significantly impact attitudes toward immigration policies and reform.

What Sets Richard Herman Apart?

1. Decades of Experience in Immigration Law

Richard has been at the forefront of immigration law for nearly 30 years. His firm, Herman Legal Group, represents a diverse clientele—from Fortune 500 companies hiring H-1B professionals to families seeking asylum and undocumented workers facing deportation. The firm also addresses the challenges faced by unauthorized immigrants, including navigating the shifting political landscape and policy responses. He is a rich resource for breaking down complex immigration issues and offering fresh perspectives on policy, law, and the immigrant experience in America.

2. A Deeply Personal Connection to Immigration

Richard’s wife, Kimberly Chen, immigrated to the U.S. from Taiwan, overcoming undocumented status to become a physician. Together, they’ve raised their children to be proud Americans and citizens of the world. This personal perspective enriches Richard’s advocacy and fuels his passion for welcoming immigrants. Additionally, the evolving status and demographics of Mexican immigrants in the U.S., who often achieve homeownership rates comparable to the state average after years of residence, further highlight the importance of supporting immigrant communities.

3. Proven Leadership and Vision

As co-author of Immigrant, Inc., Richard pioneered the conversation on how immigrants drive the U.S. economy. He has advised cities like Cleveland and Detroit on using immigration to revitalize their economies and has partnered with national organizations to advocate for pro-immigrant policies.

 4. A Track Record of Media Excellence

Richard has worked with hundreds of journalists, podcast hosts, and event organizers. He:

• Provides insightful, on-the-record quotes that spark discussion.
• Shares links to reports and data, making stories more robust and impactful.
• Simplifies complex immigration policies into clear, consumable narratives.
• Collaborates with political science experts to provide informed commentary.

5. A Masterful Public Speaker

Richard lights up events with dynamic presentations tailored to audiences ranging from corporate leaders to community activists. His signature talks, like “Immigrants Make America Stronger” and “Think Like an Immigrant,” leave audiences informed, inspired, and ready to engage. Research conducted by scholars at institutions like the University of Southern California on media framing and public opinion regarding immigration further underscores the importance of his message.

What Richard Offers to Journalists and Event Organizers

For Journalists and News Organizations

• On-Record Quotes: Clear, concise, and impactful commentary.
• Background Information: Comprehensive insights into immigration law and policy.
• Story Angles: Unique perspectives that go beyond surface-level reporting.
• Data and Reports: Links to credible sources to enhance investigative journalism.

For Podcasts and Radio Shows

• Engaging Conversations: Richard’s interviews are thought-provoking, energetic, and rich with real-world stories.
• Timely Insights: He speaks to the most pressing immigration issues of the day, offering actionable takeaways.

For Event Organizers

• Keynote Speeches: Richard is a dynamic public speaker who delivers keynote addresses that are educational, motivational, and unforgettable. memorable.
• Customized Content: He tailors presentations to your audience, whether it’s a corporate event, university lecture, or community gathering.
• Expert Panels: Richard is a natural choice for panel discussions, offering a blend of expertise, charisma, and empathy.
• Richard has delivered keynote speeches for:

Michael Bloomberg’s Partnership for a New American Economy.

Universities, Chambers of Commerce, and Nonprofits nationwide.

 

Signature Topics Include:

·         The power of immigrant entrepreneurship

·         Urban revitalization through immigration

·         The importance of global diversity and inclusion.

·         Rethinking immigration policy for the 21st century.

Richard tailors his presentations to the audience, blending storytelling with actionable insights to leave a lasting impression.

How to Contact Richard Herman

• Email: richardtmherman@gmail.com
• Office: (216) 696-6170
• Cell: (216) 375-0231
• Virtual Availability: Richard is equipped with a professional studio for remote interviews and presentations.
• Travel Nationwide: Richard is available to travel for keynotes, panels, and live interviews.

Why Choose Richard Herman?

As fear and anxiety about immigration policies escalate, Richard Herman stands as a trusted, authoritative voice who can cut through the chaos. His legal expertise, passion for immigrant rights, and ability to connect with audiences make him the ultimate resource for journalists and event organizers seeking to inform, inspire, and lead critical conversations.

Don’t just cover immigration—bring it to life. Contact Richard Herman today to elevate your story or event with unparalleled insight and perspective.

 

 

 

Richard’s Social Media Promotions

How this expert can help promote your show, event or publication:

• LinkedIn – 2,800 connections
• Twitter: – 3,200 followers
• Email marketing – 7,000 emails
• Facebook:  2,500 connections

 

Richard’s Background Links

Richard Herman, Founder of Herman Legal Group

Richard’s Book:  Immigrant, Inc.

Book’s Promo Video

Super Lawyer Magazine Article on Richard:

Richard Herman Recognized as Super Lawyer

Super Lawyer Magazine, Listing for Immigration Lawyers

Article by Richard:  Latinos Magazine, “Immigrants Are Not the Problem, They Are Part of the Solution”

Immigrants Are Not the Problem, They Are Part of the Solution

Immigration, Cities, Growth, Immigrant-Friendly Cities

Article by Richard:  Governing magazine:  “The Resource We Are Throwing Away:  Entrepreneurial Immigrants”

 

 

MEDIA MENTIONS

 

 

New York Times, “Ailing Midwestern Cities Extend Immigrant a Welcoming Hand to Immigrants,” Julia Preston, 2013,

Washing Post Writers Group, “Cities Scramble for Immigrants,”  Peirce, Neal, Sarasota Times, May 17, 2004.

Super Lawyers,” A Lawyer Without Borders ,” Kashuba John, January 2006

Crains Cleveland, ” Cleveland must be better at attracting immigrants, “Herman, Torres, April 2020

Forbes, “The Immigrant Connection” Megha Bahree, Jan 2010

Cleveland.com,” Cleveland a Dying City, “Plain Dealer Guest Columnist, April 2010

Cleveland.com,” Attracting Immigrants to revitalize a city, ” Smith, Robert, April 2010

NPR Marketplace, “Michigan Wants 50,000 Skilled Immigrants to Save Detroit,” , Davidson, Kate, January 24, 2014

Smith, Bruce, Associated Press, “S.C. Forum Told Nation Should Welcome Immigrants,” June 11, 2012

New York Times,  “Immigrants Seen as a Way to Refill Detroit Ranks,” Davey, Monica, January 24, 2014,

Huffington Post, Are Donald Trump & Cleveland Mayor Frank Jackson Strange Bedfellows on Immigration? 2016

Governing, The Resource That We’re Throwing Away: Entrepreneurial Immigrants, 2016

AlJazeera,  “U.S. Cities Race to Attract Immigrants,” Lubell, David, December 2013

The Atlantic, “Why American Cities Are Competing Over Immigrant Populations”Hesson,” Ted, November 2015

Belt Magazine,“Come to Cleveland, Maybe Not”Mcgraw, Daniel, March 2014

US News , “U.S. News – Best Lawyers”

Vilcek,“The Vilcek Foundation -“ “Herman, Richard” December 2015

NPR Ideastream,” “Making Change: Cultivating a New Ethnic Mix,”Barnett, David, May 2007

NHPR,” The Economic Argument for Immigration,”Knoy, Laura, April 2012

New Georgraphy, “Will a Dying City Finally Turn to Immigrants,” Herman, Richard, March, 2010

Case Western Reserve University, “Global Cleveland,” Smith, Robert,

Inc, “New Startup, ” Rubin, Courtney,

The Buffalo News, “Immigrant- Economic Engine regional Economy Benefiting From New Businesses” Sapong, Emma, January 2012

Slide Share, ” https://www.slideshare.net/RichardHerman1/immigrant-entrepreneurs-a-key-to-rebuilding-us-economy, Herman, Richard,

The Blade, Ohio- lags- Michigan thrives in start ups by immigrants“, Brickey, Homer, August 2022

SlideShare, “Richard Herman,” Herman, Richard,

Immigration Daily, “Demographic, Drucker, and the Entrepreneurial Society,” Herman, Richard,

Malone University,” WorldView Forum: Welcoming the Sojourner: Christian, Legal, and Economic Perspectives,” October 2017

Policy Bridge Immigration,” Immigration Path to Prosperity or Calmity,” Brown, Gregory, December 2010

Cleveland.com, ” A- list Authors, “March 2010

AS/ COA, “Ailing Midwestern Cities Extend a Welcoming Hand to Immigrants,” Preston, Julia, October 2013

Madison.com, “Pittsburgh lacks immigrants to staff restaurants,” Mccart, Melissa, November 2014

Future of Capitalism, ” Future of Capitalism, “Smith, Robert,

Scene, “A Global Mess: Can Global Cleveland and New Leader Joe Cimperman Turn the Corner and Actually Attract and Engage Immigrants?” Chilcote, Lee, February 2016

ABC News, “Foreign Students Get Longer U.S. Stay, “Gross, Grant,

Al Dia, “A City that Lacks Immigrants to Staff Restaurants, ”

Wilson Quarterly,” What Next for the Start- Up Nation?” Dan Sernor, Saul Singer,  2010

Fordham Urban Law Journal,  https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2623&context=ulj

Yale Law School, “https://www.academia.edu/26994035/U_S_Policy_Regarding_Highly_Skilled_

Immigrants_Change_Whose_Time_Has_Come_w_Peter_Schuck_” Schuck, Peter,

Great Lakes Geek, Midwest Conference 2010,

Foster Global, “Immigrant Start- ups seen as key to reinventing Michigan,” Yung, Katherine, January 2011

Seattle Times,”Its time to cool the anti- semetic immigrant rhetoric,” Seattle Times Staff, November 2011

Slideshare, “Mentality of Success: Learning from the Immigrant Business Experience, Herman, Richard, April 2012

“Immigrant Entrepreneurs: The Face of the New Nashville, Hull, Spencer, March 2010

Cleveland.com,”La Navidad Para Ninos shares Christmas spirit with Latino Community in Painesville” Dejong, Lisa, December 2016

Huffpost, “If Immigration is a Game, Lets play to win”, Herman, Richard, August, 2012

Lawprofessors, “Richard Herman, ICE issues New Guidance on Prosecutorial Discretion“Herman, Richard, April 2022

The Columbus Dispatch, “To revive economy, Dayton reaching out to immigrants” October 2013

SlidetoDoc,”Building an Ecosystem to Support and Attract Immigrant Entrepreneurs “June 2014

Scribd, “We Are All Immigrants” Herman Legal Group,

New York Times,” Immigrants seen as way to refill detroit ranks” Davey, Monica, January 2014

Huffpost, ” Time to Think Like an Immigrant ” Herman, Richard, September 2010

Nepal24hrs.com,  ” Richard Herman Reflects on the Racist Trump Immigration ” Herman, Richard, July 2020

Borkena, ” Immigrants Seen as a Way to refill Detroit Ranks ” January 2014

Google, ” The Legal Warriors ”  Attorney Joseph Patrick Meissner,

Cleveland. com , “A Stronger Community wide effort to welcome Immigrants is needed” February 2013

Expanded,” Write the check get a green card ” Bruns, Adam,

New Geography, ” The best cities for minority entrepreneurs “Kotkin, Joel, 2011

^ Miller, Chad R. (2010-08-01). “Book Review: Herman, R. T., & Smith, R. L. (2010). Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker). Hoboken, NJ: Wiley. Krikorian, M. (2008). The New Case Against Immigration: Both Legal and Illegal. New York, NY: Sentinel”. Economic Development Quarterly. 24 (3): 304–305. doi:10.1177/0891242410377643. ISSN 0891-2424.

^ Harmon, Lute, “A Prize Worth Pursuing,” Inside Business, November, 2009

 • Immigrant, Inc. Video

• “Why Immigrants Can Drive the Green Economy,” Immigration Policy Center, June 23, 2010,

• Herman Legal Group

 

 

 Richard’s SPEAKING ENGAGEMENTS

Conference name	Title	Date
Numerous Conference & Speeches	Immigration Reform	2012
Hispanic Leadership Conference	Immigrants — Making America Stronger	2012
Need for Immigration reform	Think Like an Immigrant	2011
Immigrant Entrepreneurship Summit	Immigrant Entrepreneurs	2011
National Immigrant Integration Conference	Immigration Reform	2010

Immigrants Can Save Northeast Ohio	Immigrants Can Save Northeast Ohio	2010
Facing the Fire	New Alliances	2005

Past Keynotes at various chambers of commerce in Des Moines, Oklahoma City, Raleigh, Charleston, Indianapolis.  Speaker at National Immigrant Integration Conference, Boston.  Former speaker for Partnership for a New American Economy, coalition of 500 mayors and CEOS, founded by Michael Bloomberg and Rupert Murdoch.  Quoted i

Mayors Entrepreneurship Conference, October 16, 2014, Louisville, Kentucky, Immigrant Entrepreneurs & Globalization (Hosted by Kauffman Foundation & City of Louisville)

re:public XIII, November 10, 2014, Amelia Island, Omni Resort, Keynote: “How Immigrants Can Help Drive Economic Growth in Your City/State” (hosted by Center for Digital Government & Governing Magazine)

“Immigrant, Inc.” Keynote, St. Louis Economic Partnership, and Mosaic, July 16, 2014, St. Louis, MO

Case Western Reserve University,  February 18. 2015, Cleveland, Ohio, Keynote, “How International Students Can Make the Most of Their American Experience.”

  Annual Latino Multicultural Business & Professional Networking Event, August 17,  Keynote, 2014, Cleveland

 Annual Conference, Ohio LULAC (League of United Latin American Citizens), April 16, 2014, Columbus, Ohio, Keynote

 Ohio State University

 Wright State University

 Dennison University

 Cleveland State University

 Kent State University

 Malone University

 Kent State University

Youtube, Diversity for Growth, Herman, Richard, August 2015

The Post and Courier,” Immigration creates more jobs, speakers say,” Slade, David, March 2018

https://ww1.prweb.com/prfiles/2021/01/21/17677235/immigration%20expert

%20source%20for%20journalists.pdf

Wright State University, ” Workshop Focuses on Supporting immigrant entrepreneurs in Dayton,” Mihalek, Bob, March 14

 

 

 

H4 EAD, Trump: Which Will Prevail?

The H4 EAD has been a lifeline for thousands of H1B spouses, allowing them to work in the US while their family goes through the long green card process.

The H4 visa allows spouses and children of H1B visa holders to live in the US. Over time, the Employment Authorization Document (EAD) for H4 visa holders has allowed some H4 spouses to work, contribute to the economy and support their families. This policy is particularly significant for highly skilled workers in the EB-2 and EB-3 categories, as it helps them navigate the lengthy green card process.

The H4 EAD program for spouses and children of H1B visa holders has tremendous untapped potential to address labor shortages, drive economic growth and attract global talent. Current US policies limit work eligibility for H4 spouses much more than countries like Canada. Expanding work authorization for all H4 visa holders would bring huge benefits to US economy, workforce and innovation ecosystem.

Trump’s Return

On January 20, 2025, President Donald Trump will be back as US President. With Republican controlled Congress, Trump will likely repeat what he did in his first term and try to make significant changes and possibly eliminate the H4 EAD program launched by Obama in 2015.

Trump’s second term will be all about American workers and H4 work permits are on the chopping block again.

Key Questions

• Not If, But When: Advocates believe the debate will be on the timing and not whether or not changes, such as elimination, will happen. There are ongoing legal challenges to the H-4 EAD rule, with various lawsuits claiming it impacts job availability for American workers.
• Sectoral Impact: Elimination of H4 work permits will impact industries where H4 spouses currently work, IT, healthcare and finance.

H1B holders and their H4 spouses are getting anxious again. The rollback of Employment Authorization Documents (EADs) for H4 visa holders will disrupt lives of H4 spouses of H1B workers who rely on this provision for employment, independence and social integration.

Trump’s First Term

We will discuss and analyze Trump’s attempts to restrict and eliminate the H4 EAD in the article below, but here are the major points for now:

• Attempted Elimination:

Under the first Trump administration, DHS attempted to eliminate the H4 EAD through a proposed regulation. A second Trump administration could bring significant changes to U.S. immigration policies, including stricter immigration compliance and possible reinstatement of previous employment-related restrictions.

• Biometric Requirements:

USCIS introduced a rule requiring H4 spouses to submit fingerprints and biometrics for EAD renewals and created delays.

• Processing Delays:

Lawsuits showed that simple processes that took 12 minutes under normal circumstances took over a year.

• Intentional Barriers:

USCIS policies seemed to be designed to prevent H4 spouses from getting work authorization and many lost their jobs.

Here’s a detailed analysis of the program history, risks under Trump 2.0 and what H4 EAD holders and applicants can do to prepare.

What’s at Stake for Families?

For hundreds of thousands of H1B/H4 families who are waiting years (and even decades) for employer based green cards, the rollback of work permits is not just a policy change but a question of livelihood, independence and future stability.

Key Concerns

1. Financial Dependence: Many families rely on dual incomes to manage high cost of living in the US.
2. Career Loss: Skilled professionals will stagnate in their careers, lose years of experience and opportunities.
3. Community Integration: Without work permits, spouses will lose access to basic tools like SSNs and driver’s licenses and will be further isolated.

What’s at Stake for US Economy?

Rolling back H4 EAD eligibility will shrink the US economy by at least $7.5 billion to $13 billion annually and more if families leave for more welcoming countries.

Keeping dual income families will lead to higher consumption, savings and investments and long term economic stability.

Economic and Social Impact of H4 EAD

Boosting US Workforce

1. Addressing Labor Shortages:

• Many H4 spouses are qualified for high demand STEM roles where unemployment rates are very low and job vacancies are high.
• US can tap into this skilled workforce to address critical shortages in technology, healthcare and engineering.
• Median salary for H4 EAD holders: $111,632/year (more than double the median US salary of $53,490).
• Businesses should prioritize workforce planning to prepare for potential changes in U.S. immigration policy, ensuring compliance and mitigating risks associated with disruptions.

Encouraging Entrepreneurship:

• H4 EAD holders can start businesses and create jobs for US workers.
• 7% of H4 EAD holders are entrepreneurs and employ over 30,000 US workers, showing their potential to contribute to economic growth.

Productivity:

• H4 spouses can work and get better job matches for their skills and increase overall economic efficiency and innovation.

Talent Retention

• Green Card Backlogs:
• Long wait times (10-15 years for Indian applicants) discourage H1B workers from staying in the US. H4 EAD provides financial and psychological stability and encourages families to stay.
• Attracting Talent: Global Competitiveness:
• Countries like Canada and Australia already allow spousal work authorization. US is less attractive without programs like H4 EAD.

Canada Is Moving In, Luring skilled migrants away from US.

• Spouses of skilled temporary foreign workers in Canada can work for any employer in any occupation upon arrival without needing a separate EAD application.
• Processing times are as short as 2 weeks for spousal work permits.
• Canada has no country based green card caps so faster transition to permanent residency.
• Global Skills Strategy ensures quick visa approvals for high-skill immigrants. Between 2016 and 2021, number of Indians becoming permanent residents in Canada increased by 115% while number of Indian students in STEM graduate programs in US decreased by 15% during the same period.

Overview of H4 EAD

For those who are not familiar with H4 EAD, first let’s understand H-1B and H-4 visas.

H1B Visa: A Gateway for Skilled Workers

H1B is a non-immigrant worker visa for professionals.

• Purpose: Allows foreign nationals with specialized knowledge and bachelor’s degree or higher to work in US in fields like technology, engineering, healthcare and finance.
• Salary: The salary must meet or exceed the prevailing wage as determined by Department of Labor.
• Duration: 3 years initially and extendable up to 6 years.
• Green Card Pathway: Many H1B workers transition to lawful permanent residency (LPR) through employer sponsorship but due to annual caps and per-country quotas, wait times can be decades for applicants from high demand countries like India and China.

H4 Visa: For Family Dependents

• H4 visa is a temporary nonimmigrant visa for spouses and minor children of H visa holders, mainly H1B workers.

• Eligibility: Issued to spouses and unmarried children (under 21) of H1B visa holders.
• Validity: Matches the duration of H1B holder’s visa including extensions. H4 visa is tied to H1B visa holder’s status. If H1B worker loses their status (e.g., through job loss or visa expiration), their H4 dependents also have to leave US.
• Purpose: To allow families to stay together while H1B holder works or transitions to permanent residency.

What Is H4 Work Permit?

H4 EAD was introduced in May 2015 under Obama administration. H4 EAD allows spouses of H1B visa holders to work in US, to help families maintain financial stability. This work authorization was a lifeline for many families facing green card backlogs, so spouses can:

• Earn extra income.
• Get Social Security Numbers (SSNs).
• Open bank accounts.
• Get state issued driver’s license.
• Build careers and contribute to US industries.

The H4 EAD plays a significant role in legal immigration policies by providing employment opportunities to spouses of H1B visa holders.

Without EAD, H4 visa holders are stuck in dependent status with no way to work legally in US, restricting their financial stability and social integration.

Created Through Executive Action

Like DACA, H4 EAD program is vulnerable to elimination through new executive orders or legislation.

Eligibility for Employment Authorization (EAD)

Pursuant to the 2015 DHS rule, H4 visa holders can apply for EAD if:

• H1B spouse has I-140 approved OR
• H1B is extending beyond 6 years due to green card backlogs under AC21.
• Submit I-765. H4 visa holder submits employment authorization application
• Flexibility: Unlike H1B, H4 EAD allows unrestricted employment—H4 visa holders can work for any employer, be self employed, work as freelancer, start a business and hire employees
• Validity: EAD is tied to H4 visa and requires renewal upon expiration.

Why H4 Work Permit Matters

H4 EAD is not just about income; it’s about independence and inclusion. Losing this authorization means:

• Financial Instability: Many families rely on dual incomes, especially with high cost of living in US.
• Career Delay: Skilled professionals on H4 visas, many with advanced degrees, may lose years of career momentum.
• Integration & Social Isolation: Not being able to get SSN or driver’s license creates barriers to everyday activities like banking and commuting. Working spouses integrate more into American society, achieve higher socio-economic mobility.
• Family Dynamics: Employment reduces dependence on H1B holder and promotes gender equality within immigrant families.

This has been a lifeline for many, especially in Indian diaspora, for H4 spouses not only to join the US workforce, but also create a dual income stream into the home, either through employment or entrepreneurship.

In short, EAD is not just about employment; it’s a lifeline for many families and a pathway for dependent H4 spouses to integrate into American society

H4 EAD by the Numbers

H4 Visa Issuance Trends

• H4 visa issuances have increased:
• 1992: 24,756 visas.
• 2019: 125,999 visas.
• Most are issued to Indian nationals since they have high representation in H1B visas.

Characteristics of H4 Spouses

• Highly Educated:90% of H4 visa holders have bachelor’s degree and over 50% have graduate degree.54% have STEM degrees and are prime candidates for technology, engineering and science roles.
• Mostly Female:90% of H4 visa holders are women. 67% are from India and 6% are from China.
• Underutilized Workforce:Only 27% of H4 spouses with temporary visa are employed and many face barriers to get jobs due to restrictive policies.Among employed, 42% work in STEM fields, they can address talent shortages in these areas.
  

Characteristics of H4 EAD Holders

Educational Background of H-4 EAD Holders

• 90% of H4 EAD holders have bachelor’s degree or higher, many in high demand industries like technology and healthcare.

H4 EAD Employment Statistics

• 2/3 of H4 EAD holders work in computer and math occupations.
• Major employers are Google, Microsoft, Amazon and Facebook.

H4 EAD Geographic Distribution

• Top States:California (28,033 EAD holders), Texas (13,579), New Jersey (11,996) have the most approvals.Tech Hubs: Cities like Silicon Valley, Seattle and Austin are top due to high concentration of H1B workers.

H4 ED Gender and Nationality

• Gender:93% of H4 EAD holders are women, same as the broader gender imbalance in family based immigration.
• Nationality:93% of EAD holders are Indian nationals, 5% are from China.

Number of Approved H4 EADs

• 2015: 26,858
• 2016: 41,526
• 2017: 36,366

Potential Impacts of H4 EAD Rescission

Job Loss:

• Over 90,000 H4 EAD holders will lose their jobs, 93% of them are women.

Economic Costs:

• Businesses will face higher turnover and recruitment costs to replace skilled workers who might leave US.

Family Separation or Exodus From U.S.:

• Financial pressure may force families to separate or leave the U.S. H1B workers may move to countries that offer better opportunities for their spouses.

H4 EAD History

“You have to know the past to understand the present.”

Carl Sagan

To know the risks and shape of future, let’s first look back to the history and evolution of H4 EAD program.

The EAD rule was implemented to address the problems faced by immigrant families stuck in green card backlogs, especially those from India.

How H4 Work Authorization Was Established?

• May 12, 2014: DHS proposed the rule and opened it for comments.
• February 25, 2015: DHS finalized the rule after comments and minor revisions for clarity.
• May 26, 2015: Rule became effective, eligible H4 spouses can start applying for EADs.

Public Comments

• Supporters: Economic and personal benefits, no disruption to businesses.
• Opponents: Labor market competition and misuse.
• Resolution: DHS kept the rule, minimal impact on overall workforce (<1%).

Purpose of the Regulation

This regulation addresses several problems faced by H1B families:

1. Long Green Card Wait Times: As of 2023, the employment based green card backlog for Indian workers (EB-2 and EB-3 categories) is over 1 million. Without reforms, some may face 54-134 years of wait for permanent residency.
2. Economic Impact: Highly educated spouses, many of whom work in critical sectors like healthcare and tech, contribute to US economy.
3. Reducing Economic Hardship: Many families rely on one income during long green card wait times, financial strain. H1B families face financial strain, especially in high cost areas like California and New York.
4. Retaining Skilled Workers: Prevents H1B workers from giving up on green card due to family financial pressure. Businesses lose H1B talent when families struggle financially.
5. Global Standards: Brings US immigration policies in line with competing countries like Canada and Australia which allow work for immigrant spouses. Other countries with similar immigration systems grant work authorization to spouses, giving them an edge in attracting top talent.
6. Entrepreneurship: Promotes innovation and economic growth by allowing skilled H4 spouses to contribute to the workforce

Legal Authority for the Rule

DHS authority comes from:

• Homeland Security Act of 2002: Gives the Secretary of Homeland Security authority over immigration laws.
• Immigration and Nationality Act (INA): Employment eligibility for noncitizens, Section 274A(h)(3)(B).

Criticism and Challenges

While the rule has broad support, it faces opposition:

Critics argue that the H4 EAD rule takes jobs away from American workers and undermines the integrity of the immigration system. They also claim that it encourages more people to come to the U.S. illegally, hoping to benefit from similar programs in the future. Additionally, there are concerns about potential future restrictions on temporary protected status under a second Trump administration, which could impact many individuals and their employers who depend on TPS for extended work authorization.

Labor Market:

• Critics argue H4 spouses working increases competition for US workers.

Fraud:

• Misuse (falsified credentials or marriage fraud) was raised but largely unsubstantiated.

In 2015, the Projected Impact of the Rule

First Year Impact

• 179,600 H4 spouses will be eligible for EADs.
• 55,000 new applicants projected annually after first year.

Economic Benefits

For Families:

• Two incomes reduce financial strain and better quality of life.

For Employers:

Retain skilled H1B workers and reduce turnover costs.

For the Economy:

• Promotes entrepreneurship and innovation, especially in STEM.

Costs

• Application fees and time spent filing are by applicants.
• Federal processing costs are offset by fees collected.

H4 EAD Eligibility Requirements

To apply for H4 EAD you must meet both of the following:

H1B Relationship:

• You must be in H4 status, which is granted to dependents (spouses or children) of H1B visa holders.

H1B Spouse’s Eligibility:

Your H1B spouse must be one of the following:

• Approved Form I-140: Your H1B spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; OR
• H1B Extension under AC21: Your H1B spouse has been granted H1B extension beyond 6 years under AC21 because they:
  • Filed labor certification or Form I-140 at least 365 days before reaching H1B limit.
  • Are waiting for green card due to employment based green card backlogs (priority date is not current).

How to apply for H4 EAD

Step 1: Fill out Form I-765

• Use the latest version of Form I-765from the USCIS website.
• Use eligibility code (c)(26) for H4 dependent spouses applying for EAD.

Step 2: Gather Required Documents

Include the following with your application:

Proof of H4 Status:

• Current I-797 approval notice for I-539.
• OR copy of I-94 showing current H4 admission or extension.

Identity:

• Government issued photo ID such as:
• Passport (biometric page).
• Previous EAD (if any).
• National ID card with photo.
• Visa issued by a US consulate.

Proof of H1B Spouse:

• Copy of marriage certificate.

Proof of H1B Spouse’s Status:

• Copies of H1B holder’s:
• Current and prior I-94.
• Current and prior I-797 (for I-129).
• Passport pages showing validity.

Eligibility: Depending on your spouse’s status:

• For Approved Form I-140: Copy of I-140 approval notice (I-797).
• For H1B Extension under AC21:Evidence that I-140 or labor certification was filed 365+ days before H1B limit.DOL correspondence or I-140 receipt notice showing AC21 eligibility.

Passport Style Photos:

• 2 identical color photos, 2×2 inches, USCIS requirements.

Translations (if applicable):

• If submitting non-English documents, include certified English translations. Translator must certify the accuracy and their ability to translate.

Step 3: Submit I-765

Choose the correct filing address based on your application type:

• Standalone I-765: Submit to the Lockbox address on the Direct Filing Addresses for I-765 webpage. Alternatively, file online.
• Filing with other forms:If filing with I-539 (Change/Extend H4 status) or I-129 (H1B petition for spouse), file at the service center processing I-129.

How USCIS Processes H4 EAD

Processing Time:

• USCIS processes I-765 applications in 3-6 months, but varies.
• Check your application status online using your receipt number.

Decision:

• USCIS will only adjudicate H4 EAD application after confirming H4 status and H1B eligibility of your spouse.

Approval and Validity:

• EAD validity is same as H4 status, as shown on I-94.
• If H4 or EAD expires, you need to file for extensions to continue working.

Renewal and Automatic Extensions

Renewing H4 EAD:

• File another I-765 no more than 180 days before current EAD expires.
• Include updated evidence of eligibility.

Automatic EAD Extensions:

• In some cases, you may be eligible for automatic extension of work authorization while renewal application is pending.

Bundling H4 EADS with H1B Extension Application

Edakunni v. Mayorkas.  Over 40 companies including Amazon, Google and Apple are part of a lawsuit to bundle H4 EAD applications with H1B extensions to speed up processing.

The settlement now permits bundling but a new administration can bring back similar hurdles.

Bundled Processing

• How It Works: USCIS allows H1B, H4 and H4 EAD to be filed together, known as “bundled processing”.
• When bundled, all applications are adjudicated at the same time. If H1B is filed under premium processing, H4 and H4 EAD will be processed faster even though standalone H4 EAD is not eligible for premium processing.
• Benefits:Faster approval for H4 and H4 EAD when bundled with premium processing H1B applications.Reduced waiting time for employment authorization.

Auto-Extensions

Current Policy:

• H4 EAD holders who file for timely renewal are eligible forautomatic extensionsof work authorization if their H4 status is already extended.
• Impact:
• This policy reduces employment gaps and provides more stability for individuals and employers.

Common Mistakes and How to Avoid Them

Incomplete Applications:

• Make sure all sections of I-765 are filled out correctly.
• Review your supporting evidence to avoid RFEs.

Incorrect Filing Fees:

• Pay the exact fee amount listed for I-765. USCIS will reject incorrect payments.

Misfiling Forms:

• Make sure I-765 is filed at the correct Lockbox or service center. Filing at the wrong address will delay or invalidate your application.

Fraud or Scams:

• Be careful of unauthorized practitioners who offer false promises. Use only official USCIS resources or a licensed immigration attorney.

Problems with Current Policy

Barriers to Entry and Delayed Access:

• Spouses typically wait 6+ years before they can get EAD as eligibility depends on the H1B holder’s green card application progress.
• EAD processing time is 6-8 months which means more delays and employment gaps.

Complex Alternatives:

• Some H4 spouses apply for their own H1B visa which requires:
• Employer sponsorship which is expensive and uncertain.
• H1B lottery which has less than 20% success rate due to caps on visa issuance.
• These barriers keep many H4 visa holders out of the workforce.

The Case for Automatic H4 EAD

Instead of eliminating or restricting H4 EAD, the White House and Congress should work together to unleash the potential of H4 visa holders by:

Immediate Work Authorization for H4 Spouses:

• Remove the requirement for H1B spouse to be in green card queue before H4 spouse can apply for EAD.
• Grant work authorization to H4 visa holders upon arrival in US.
• A larger talent pool makes US more competitive in the global economy.
• Granting work eligibility could free up H1B slots for more skilled workers to come to US.

Equity/Parity with Other Visa Categories:

Spouses of L1 (intra-company transferee), E1 (treaty trader) and E3 (Australian specialty worker) visa holders are automatically eligible to work. Granting similar rights to H4 spouses aligns US policy with these precedents

Retain Talent:

Dual income families are less likely to leave US for countries like Canada and will keep top talent in the American economy

Simplify Processing:

• Reduce EAD processing time from 6-8 months to less than 30 days.
• Concurrent processing of H4 visa and EAD with H1B application.

Increase Public Awareness:

• Educate employers and policymakers about the economic benefits of using H4 talent to fill talent gaps.

Trump’s Administration’s Previous Position on H4 Work Permits

During his previous presidency, Donald Trump issued the “Buy American, Hire American” executive order to protect US workers.

Trump’s Efforts at H4 EAD Rescission (2017-2021)

During his first presidency, Trump’s “Buy American, Hire American” executive order aimed to prioritize US workers for jobs.

In 2018, Department of Homeland Security (DHS) proposed a regulation titled “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”.

Under this policy:

• The administration proposed to rescind H4 EAD rule citing job competition. In 2021, Biden withdrew Trump’s propsal.
• Although the proposal was not finalized, it created uncertainty for thousands of families.

Timeline

Original Date Announced

December 14, 2017

DHS published a notice in the Unified Agenda of Regulatory Actions that it intends to rescind a rule making spouses of H1B visa holderswho hold H4 visas eligible to work. [ID #492]

RIN: 1615-AC15: Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

April 4, 2018 USCIS reports efforts to narrow eligibility for nonimmigrant worker programs

Subsequent Trump-Era and Court Action(s)

November 1, 2018

Removing H­4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

DHS once again published in the Unified Agenda its intention to rescind the rule providing for work authorization for certain H-4 nonimmigrants.

View Document

August 26, 2020

Removing H-4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization

The Unified Agenda published on August 26, 2020, noted that DHS will publish a notice of proposed rulemaking (NPRM) in September 2020 modifying the final rule published by DHS in 2015 that extended eligibility for employment authorization to certain H– 4 dependent spouses of H–1B. The new proposed rule will rescind the earlier 2015 rule, making this class of aliens ineligible for employment authorization.

View Document

Problems with H4 EAD Rule Rescission

The proposal was widely panned for its economic and social impact, especially for skilled professionals in critical sectors like healthcare, IT and education

The Trump era proposal to rescind H4 EAD faced both procedural and moral challenges:

1. Economic Impact: Many skilled professionals, mostly women, would have been forced out of the US workforce.
2. Family Strain: Families dependent on two incomes would have faced financial difficulties.
3. Industry Impact: Tech, healthcare and education would have lost talent.

Expert Analysis

• A 2019 Forbes article noted the high economic and social cost of removing H4 visa holders from the workforce.

Advocates pointed out the H4 EAD promotes gender equality and financial independence for immigrant families

Why Was the Rescission Rule Withdrawn by Biden?

Biden reversed Trump’s move and kept H4 EAD. This decision:

• Gives stability to families waiting in green card backlog.
• Allows skilled spouses to contribute to sectors with labor shortages.
• Eases economic disruption in immigrant communities.

Immigration experts said removing H4 work permits would disproportionately harm families already waiting for years in green card processing.

Biden issued a regulatory freeze memo on January 20, 2021 and all rulemaking was put on hold. As a result:

• January 25, 2021: The H4 EAD Rescission Regulation was withdrawn from OMB review.
• This fits with President Biden’s overall immigration agenda which is inclusive and immigrant workforce integration.

The Legal Challenge: Save Jobs USA vs. DHS

It was just Trump. Since its introduction, the EAD rule has been opposed by many, mainly those who claim it hurts American jobs.

From the beginning, the H4 EAD rule has been challenged in court.Save Jobs USA, an organization of U.S. born tech workers, has argued:

• DHS has no authority to issue work permits to H4 visa holders.
• Allowing H4 spouses to work creates unfair competition for American workers.

Timeline of the Lawsuit

1. 2015: Save Jobs USA filed the initial lawsuit.
2. 2017-2020: Trump administration considered rescinding the rule but did not finalize any changes.
3. 2021: Biden administration sided with H4 EAD and Save Jobs USA filed motions for summary judgment.
4. March 2023: US District Court ruled in favor of DHS.
5. August 2024: US Court of Appealsaffirmed the district court’s decision.  In a big win for immigrant families and the industries that rely on them, the US Court of Appeals for the DC Circuit upheld the 2015 H4 EAD. This means the government has the authority to issue work permits to H4 spouses.

Federal Court Ruling: Highlights

US Court of Appeals for the DC Circuit, Judge Justin R. Walker wrote the opinion. Key points:

• DHS Authority: The court cited previous cases that upheld DHS’s authority to create work authorization programs, including OPT for F-1 students.
• Binding Precedent: The court found Save Jobs USA did not present substantial evidence to distinguish H4 EAD from similar precedents.

Support from Major Organizations

Companies and business groups filed an amicus brief in support of H4 EAD during the lawsuit. They argued:

• Repealing H4 work authorization would slow down U.S. economic growth.
• It would push highly skilled immigrant talent to other countries, hurt innovation and global competitiveness.

Court Decisions: The courts have upheld the EAD rule, the Department of Homeland Security has the authority to issue work permits to H4 visa holders.

Despite these decisions, advocacy groups are still challenging the policy, adding more uncertainty for affected families

More importantly, the rule can still be rescinded or restricted by Trump’s incoming administration.

Biden’s H4 EAD Codification

President Biden’s U.S. Citizenship Act of 2021, announced on January 20, 2021, attempted to create a more permanent H4 EAD. Key points:

• Codify H4 EAD into law to prevent policy changes.
• Fix systemic issues:
• Clear green card backlogs.
• Recapture unused visas.
• Reduce wait times for employment based visas.
• Eliminate per-country visa caps.

The bill did not pass.

What Is Likely to Happen to the H-4 EAD Program by Trump in 2025?

The Trump administration previously tried to rescind H4 EAD as part of the “Buy American, Hire American” agenda. Though it didn’t happen during the first term, a second term could bring it back. Key risks:

1. Elimination Through Executive Action

• Process: Rescinding H4 EAD through executive rulemaking would likely involve a notice-and-comment period, so implementation would be delayed by several months.
• Impact: This would give affected families some time to find alternatives, but uncertainty would remain until the process is complete.
• This would have huge implications:
  • Economic Impact: Families would lose income, impact spending and investment.
  • Career Disruption: Many H4 visa holders in key industries would have to leave their jobs.
  • Community Integration: Without work authorization, spouses can’t fully participate in American life.

2. Legislative

• Republican-Controlled Congress: With Republican majorities in both chambers, changes can be made through legislation, faster to pass and harder to undo.
• Broader Impact: Legislative changes can target not only H4 EAD but also other immigration programs like OPT or STEM visas.

3. Bundled Adjudication

• Current Practice: USCIS allows H4 and H4 EAD to be bundled with the H-1B petition, so if premium processing is used for the H-1B, processing is faster.
• Impact: Trump could eliminate this policy, forcing standalone processing of H4 EAD applications, which would mean longer wait times.

4. Biometrics Requirement

• Background: Previous administrations required biometrics for H4 and H4 EAD applicants and it caused huge processing delays.
• Impact: Requiring biometrics again could mean long wait times and employment gaps for H4 EAD holders during renewals.

5. Automatic Extensions

• Current Practice: H4 EAD holders with timely filed applications get automatic extensions if their H4 status is valid.
• Impact: Stopping automatic extensions would mean applicants would have to stop working while waiting for approval, affecting families and employers.

What Should H-4 Holders Due to Prepare for Trump 2.0?

Proactive planning is key to minimize the risks. Here are the steps H4 EAD holders and applicants can take to protect their status and work authorization:

1. Apply for H4 EAD Now

• Why Now?: With changes possible, apply for work authorization before new policies kick in.
• Who Should Apply?H4 spouses who haven’t applied for H4 EAD yet.H4 EAD holders whose EAD is about to expire.

2. Renew Early

• When to Renew: File extension within 180 days of EAD expiration.
• Benefits of Early Renewal: Avoid employment gaps due to processing delays or new rules.

3. File Under Premium Processing

• Why:Bundling H4 and H4 EAD with premium processing H1B petition gets faster adjudication.
• What to Do:If your spouse’s H1B is due for renewal, file all applications together under premium processing.

3. Expedite I-140

• Premium Processing: If the principal H1B has a pending I-140, consider upgrading to premium processing for faster approval. Talk to your spouse’s employer to request premium processing for I-140.
• Why: I-140 approval is often required for H4 spouse to qualify for EAD.

4. Talk to Your Employer About Premium Processing

• PERM and I-140 Filing: If your employer hasn’t filed PERM or I-140 yet, discuss filing under premium processing to make H4 EAD eligible.

5. Keep Documents

• Stay Ready:
• Keep all required documents (e.g. I-94, approval notices) up to date to avoid delays in application processing.
• Be Prepared:
• Make sure all applications are fully documented to avoid RFEs.

6. Explore Other Work Authorization Options

• If H4 EAD is eliminated, explore other visa categories or work authorization pathways like O-1, H1B, E-2, TN, EB-5. Talk with an immigration attorney to explore other options,

7. Talk to Immigration Attorneys

• Find immigration law experts that you trust to keep you advised on the latest developments and innovative workarounds. Talk to your own immigration attorney or your employer’s legal team to plan for different scenarios.

8. Build Financial Cushion

• Plan now to minimize financial impact of EAD revocation.

9. Employment Gaps

• If you’re using H4 EAD for work, plan for employment gaps due to policy changes or processing delays.

10. Communicate with Employer

• If you’re working on H4 EAD, keep your employer informed about your immigration status and potential changes to avoid confusion.

11. Stay Informed

Follow Policy Updates: Monitor USCIS, advocacy group and legal expert news to stay ahead of changes.

Join Advocacy Groups

• Organizations like Immigration Voice support H4 EAD holders. Join them for support and resources. Contribute your voice and perspective.

Challenges for H4 EAD Holders

Even if H4 EAD program isn’t eliminated completely, other changes could affect work authorization:

• Longer Processing Times: Standalone applications without premium processing could take months.
• Employment Gaps: Without auto-extensions, renewal applicants would have to stop working while applications are pending.
• More Stringent: Applicants may face more documentation requirements and higher denial rates under new rules.

A Tough Road Ahead

H4 work permits are uncertain with Trump’s return and policy rollbacks. For many H1/H4 families, EAD is not just about jobs, it’s about independence, dignity and ability to contribute to American dream.

Background on 2015 DHS Rule that created H-4 EAD

For those interested in the rationale of the 2015 H-4 EAD Rule should read the Rule published in the Federal Register. The summary of the Rule follows and will provide additinal evidence and support for those looking to support the program in 2025 and beyond.

H-4 EAD Overview

The Department of Homeland Security (DHS) created a rule to allow H-4 visa holders—spouses of H-1B visa holders—to work in the US to alleviate hardships and support US businesses by keeping highly skilled foreign workers. Here is a summary of the current framework, eligibility, public comments and the final rule.

H-4 Visa: Supporting H-1B Families

• Eligibility: Issued to spouses and unmarried children (under 21) of H-1B visa holders.
• Duration: Same as the primary H-1B visa holder’s stay.
• Work Authorization: Previously H-4 visa holders could not work in the US, causing financial and personal hardships for many families.

Background: Green Card Backlog

H-1B Families Challenges

Long Wait Times:

• Employment based (EB) immigrant visas especially for individuals from oversubscribed countries like India and China have long backlogs—often decades.
• H-1B workers cannot file for adjustment of status unless their priority date is current.

Economic and Emotional Strain:

• Single income households struggle financially while waiting for green card approval.
• Dependents face isolation and lack of integration opportunities due to work restrictions.

Impact on US Employers

• Workforce Disruptions:
• Skilled workers may leave the US due to green card delays and businesses have to find replacements.

Legislative Relief:

• To address this issue Congress passed provisions under AC21 to allow H-1B extensions beyond 6 years and to reduce disruption to employers.

DHS’s Rule for H-4 Work Authorization

Proposed Rule (2014)

May 12, 2014

DHS proposed to amend the regulations to allow certain H-4 dependent spouses to apply for employment authorization if the H-1B visa holder:

1. Is the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker), or
2. Has extended H-1B status under AC21 due to pending or approved employment based immigration petitions.

Key Changes in the Rule

• Eligibility: Added H-4 spouses to the list of individuals who can file Form I-765 (Application for Employment Authorization).
• Documentation Requirements: Listed the supporting evidence H-4 spouses need to submit to establish eligibility.

Public Comments on the Proposed Rule

During the 60 day comment period, DHS received almost 13,000 comments. Here are the comments:

Supportive Comments (85%)

Economic Benefits:

• Dual income households lead to more disposable income, tax revenue and community contributions.
• H-4 spouses joining the workforce will strengthen US innovation and economic growth.

Social Impact:

• Reduces isolation, financial dependence and empowers women, reduces domestic stressors and mental health challenges.
• Promotes family stability and integration into US communities.

Competitiveness:

• US immigration policies should be aligned with other countries that offer work rights to dependents.
• Helps retain highly skilled H-1B workers, reduces workforce disruption to employers.

Opposing Comments (10%)

• Labor Market Concerns:Some feared competition to US workers and potential downward pressure on wages.
• Others questioned DHS’s authority to grant employment authorization to H-4 dependents.

Mixed Comments (3.5%)

Eligibility Scope:

• Some commented that the rule was too narrow and excluded dependents of other visa categories.
• Others felt it was too broad and would invite misuse or fraud.

Final Rule

After comments, DHS finalized the rule with minor tweaks to clarify and address filing issues.

Eligibility Clarifications

H-4 spouses can file for employment authorization if:

• The H-1B visa holder is the principal beneficiary of an approved Form I-140, or
• The H-1B visa holder has extended status under Section 104(c) of AC21.

Filing Process Changes

• Allowed to file Form I-765 with Form I-539 (Application to Extend/Change Nonimmigrant Status) for expedited processing.

Projected Numbers

• Year 1: 179,600 H-4 spouses eligible to apply.
• Annual growth: 55,000 new applicants per year.

H-4 Work Authorization Benefits

For Families

• Dual income, less financial stress.
• Integration into US society, long term stability.

For Employers

• Retain H-1B workers during green card processing, reduced turnover costs.
• Helps businesses in key STEM fields.

For the Economy

• Adds skilled workers to the workforce, innovation and productivity.
• Consumer spending and homeownership, local economies.

Background and Public Comments

1. H-4 Dependents of H-1B1, H-2, H-3 Nonimmigrants

Public Comments

• Over 200 commenters suggested to extend employment authorization to H-4 dependents of non-H-1B visa holders, including:H-1B1: Specialty workers from Chile and Singapore.H-2A: Temporary agricultural workers.H-2B: Temporary non-agricultural workers.H-3: Trainees.
• Reason:Expanding eligibility would make US more competitive by bringing in more skilled workers and economic contributions from a larger pool of dependents.

DHS Response

• Current Limitations:
• H-1B visa holders have “dual intent” and can pursue LPR without losing nonimmigrant status. This is not available to H-1B1, H-2 or H-3 visa holders.
• Congress, through AC21, specifically allowed H-1B visa holders to extend their stay during green card processing, which is not applicable to other H categories.
• Future Options:
• DHS recognized the idea has merit but wants to address these issues step by step. Expanding eligibility might be considered in future rulemaking.

2. All H-4 Dependents of H-1B Visa Holders

Public Comments

• Over 150 commenters asked DHS to grant employment authorization to ALL H-4 dependents of H-1B visa holders, not just those whose spouses are on a green card path.
• Reason:
• The rule should be consistent with other visa categories like L-1, E-1, E-2 and E-3 where all dependent spouses are eligible for employment authorization.

DHS Response

Legal Barriers:

• Congress explicitly allowed employment authorization for dependents of L-1, E-1, E-2 and E-3 visa holders but not H-1B dependents. DHS’s regulatory authority does not permit to extend the same to all H-4 dependents.Policy Focus:
• DHS focused on dependent spouses of H-1B visa holders who are actively pursuing LPR status to address green card delays while staying aligned with AC21.

3. Employment Authorization “Incident to Status”

Public Comments

• Over 60 commenters asked for automatic employment authorization upon H-4 approval, eliminating the need to file Form I-765.
• Reason:
• Streamlining would reduce administrative burden and allow dependents to start working immediately.

DHS Response

Administrative Barriers:

• Automatic employment authorization requires USCIS systems to verify eligibility independently. Current systems cannot verify spousal relationships or green card progress without manual adjudication.
• Accuracy:
• Filing Form I-765 ensures only eligible applicants get employment authorization, minimizing errors or unauthorized work.

4. Timing of Employment Authorization

Public Comments

• Some commenters asked for employment authorization EARLIER in the green card process, such as:When a PERM labor certification is filed.When a Form I-140 petition is pending.

DHS Response

Approval-Based:

• Employment authorization tied to approved Form I-140 petition ensures applicants are on the LPR path, reduces frivolous filings.
• Allowing based on pending applications could result in ineligible individuals getting benefits if the applications are denied.Policy Balance:
• Limiting to approved cases is consistent with DHS’s goal of promoting compliance with U.S. immigration laws and efficient resource management.

5. H-4 Dependent Minors

Public Comments

• Less than 40 commenters asked for employment authorization for H-4 dependent minors citing:
• Lack of work experience.
• Financial burden of post-secondary education.
• Risk of aging out of H-4 status before green card eligibility.

DHS Response

• Consistency Across Categories:
• Employment authorization is limited to dependent spouses in other visa categories (e.g., L and E visas). Extending to minors would create inconsistencies.
• Focus on Spouses:
• DHS focused on addressing family economic burdens through spousal work authorization which indirectly supports dependent minors.
• DACA Comparison:
• The Deferred Action for Childhood Arrivals (DACA) program is for a different context and does not provide a basis to extend employment to H-4 minors.

Final Rule and Policy Priorities

Key Points

Employment authorization is for H-4 dependent spouses of H-1B visa holders who:

1. Have an approved Form I-140.
2. Have extended H-1B status under AC21.

• Not for:
• H-4 dependents of other H visa categories.
• H-4 minors.
• H-4 spouses at earlier stages of the green card process.

Policy Reasoning

• Targeted Impact:
• Focused on H-1B spouses addresses the biggest economic and personal burdens.
• Incremental
• DHS will consider further expansion but wants to take it slow and administratively feasible.

Requests for Expansion

1. Employment Authorization for H-1B Nonimmigrants

• Public Comments:
• Some commenters asked that H-1B visa holders get EADs to work for any employer, no employer specific restriction.
• Some suggested a single EAD for households with dual H-1B spouses to avoid having one spouse to switch to H-4 status.
• DHS Response:
• H-1B employment authorization is incompatible with the visa’s employer specific nature.
• Allowing EADs for H-1B workers would violate the terms of the H-1B classification which ties work authorization to a specific petitioning employer.
• Dual H-1B households can use existing options but an H-1B holder must change to H-4 status to be eligible for an EAD as a dependent.

2. H-4 Dependents not selected in the H-1B lottery

• Public Comments:
• Less than 20 commenters asked for employment eligibility for H-4 dependents whose H-1B petitions were not selected in the lottery.
• DHS Response:
• This rule is to retain H-1B workers already pursuing lawful permanent residency (LPR) and not to address broader issues in the H-1B program.

3. Dependents of other nonimmigrant categories

• Public Comments:
• Some asked for dependents of O-1 (extraordinary ability) and TN (NAFTA professionals) visa holders to be eligible for employment.
• DHS Response:
• There are significant differences between these categories and H-1B classification:
• O-1 and TN Visa Context: These categories have fewer visa backlogs and faster LPR processing for dependents.
• Foreign Policy Considerations: TN visas are governed by international trade agreements like NAFTA which are outside the scope of this rule.

Opposition to the H-4 EAD Rule

1. Displacement of U.S. Workers

• Comments:
• Some thought the rule would increase competition for jobs, unemployment and lower wages.
• DHS Analysis:
• The rule is targeted, affects a small population (0.1156% of the U.S. civilian labor force).
• High skilled immigration including H-4 dependent employment benefits the U.S. economy in the long run through innovation, consumption and job creation.
• Existing anti-discrimination laws protect U.S. workers from being unfairly displaced by nonimmigrant labor.

2. Not Necessary

• Comments:
• Some argued existing immigration laws already allow H-4 dependents to change to employment authorized categories so the rule is redundant.
• DHS Analysis:
• The rule addresses gaps that prevent H-1B visa holders from remaining in the U.S. because their spouses can’t work.
• DHS quoted many H-1B families and employers that the rule is necessary to retain workers and prevent families from leaving the U.S.

3. Impact on other immigration categories

• Comments:
• F-1 student graduates and other nonimmigrants felt the rule was unfair as they have more stringent paths to employment than H-4 dependents.
• DHS Response:
• The rule is targeted to address the specific challenges faced by H-4 dependents of H-1B workers including long green card backlogs.

4. Impact on Universities

• Comments:
• Universities worried about decline in enrollment if H-4 dependents choose to work over education.
• DHS Response:
• The rule gives more choices to H-4 dependents but does not take away their ability to pursue education.
• The net effect on university enrollment is unknown, some say increased family income will lead to more educational spending.

Requests for more restrictive policies

1. Limit eligibility by skills or sectors

• Public Comments:
• Some asked to limit eligibility to H-4 dependents with advanced degrees, STEM qualifications or specific skillsets.
• DHS Response:
• The rule is to support U.S. businesses and retain H-1B workers regardless of the academic or professional background of their spouses.

2. Reciprocal employment policies

• Public Comments:
• Some suggested to grant employment authorization only to dependents from countries that offer similar rights to U.S. citizens abroad.
• DHS Response:
• The rule is to retain skilled workers for U.S. economic benefit and does not consider foreign reciprocity agreements which are foreign policy issues outside the scope of this rule.

3. Limit eligibility to AC21 extensions

• Public Comments:
• Some suggested to limit eligibility to spouses of H-1B workers who are benefiting from AC21 extensions.
• DHS Response:
• Including spouses of H-1B workers with approved Form I-140 petitions supports broader goals of retaining workers and minimizing disruption to U.S. employers.

Legal authority for the rule

• Challenges:
• Some argued DHS doesn’t have the authority to grant employment eligibility to H-4 dependents as Congress explicitly gave similar rights to L and E visa dependents.
• DHS justification:
• The Immigration and Nationality Act (INA) gives the Secretary of Homeland Security broad authority to determine the conditions of nonimmigrant admissions including employment authorization.
• Precedents show the Executive Branch has the authority to grant work eligibility by regulation without congressional approval.

Economic and labor market impacts

• Positive outcomes:
• DHS expects minimal disruption to the labor market as the number of eligible participants is small.
• Benefits:
• Increased household income for H-1B families.
• More economic contributions through consumer spending, real estate investments and tax revenue.
• Family unification and better integration into U.S. communities were mentioned by commenters.
• Displacement concerns:
• DHS found no evidence that the rule would harm native born workers or highly skilled H-1B visa holders.

Responses to comments on volume estimates and methodology

Comments on DHS’s estimates

• Opposing comments: Many commenters argued that DHS underestimated the number of H-4 spouses eligible for employment authorization.
• Alternate methodology:
• A commenter cited the Yearbook of Immigration Statistics and suggested using historical averages of spouses adjusting to Lawful Permanent Resident (LPR) status to estimate the volume of H-4 spouses.

DHS Response:

• Limitations of the suggested approach:
• The historical average doesn’t account for current H-1B nonimmigrants waiting for visas or distinguish between H-4 and other statuses.
• Not all H-1B spouses are in H-4 status so these calculations are less precise.
• Refined methodology:
• DHS used current data, considering the backlog of H-1B workers with approved I-140 petitions waiting for immigrant visas and the new flow of H-4 spouses becoming eligible.
• This approach captures the population more accurately.

Final estimate:

• Updated numbers:
• DHS revised its estimates to up to 179,600 H-4 spouses in the first year.
• This is a tiny fraction of the U.S. workforce (0.1156%) and doesn’t disrupt the labor market.

Costs and benefits

Comments on economic calculations:

1. Cost concerns:

• One commenter thought DHS overestimated costs by including opportunity costs (time H-4 spouses spend applying).

2. Benefits undervalued:

• Another commenter felt the rule didn’t account for economic and social benefits, including losses under current rule where H-4 spouses can’t work.

DHS’s position:

• Costs:
• Opportunity costs were calculated using minimum wage as a proxy for time value, which is a reasonable assumption.
• Even if H-4 spouses aren’t working, they face opportunity costs in deciding how to use their time.
• Benefits:
• The rule increases household income, social integration and reduces economic burden on H-1B families.
• It also helps U.S. employers by reducing H-1B workers abandoning the LPR process.

Improving the application process

1. Simplified filing process

• Comments:
• Commenters asked for streamlined or electronic filing options for Form I-765 (Employment Authorization Application).
• DHS Response:
• USCIS ELIS System:
• DHS is moving to an electronic system that will have real-time updates and notifications for all benefit programs including H-4 employment authorization.
• Paper filing until May 26, 2015 to avoid H-1B cap season overlap.

Employment Authorization Document (EAD) validity periods

Comments:

1. Match EAD to H-4 admission period:

• 9 commenters asked to align EAD with H-4 spouse’s authorized stay (up to 3 years).

2. Shorter probationary EADs:

• 1 commenter suggested 6 or 12 month EADs with proof of lawful work and tax payments.

DHS Response:

• Aligned validity periods:
• Will issue EADs matching H-4 dependent’s authorized stay to avoid gaps in authorization and reduce renewal frequency.
• Probationary EADs:
• Denied due to:
• No evidence of fraud or tax evasion among H-4 dependents.
• Administrative burdens from frequent renewals and potential gaps in employment authorization.

EAD renewals

Comments:

• 5 commenters asked to renew up to 6 months in advance to align with H-1B extension filing timeline.

DHS Response:

• Will allow concurrent filing of Form I-765 (EAD application with:
• Form I-539 (H-4 extension/change of status).
• Form I-129 (H-1B employer petition).
• USCIS will process Form I-765 after related petitions are adjudicated.

Documentation requirements

Comments:

• Commenters asked for clearer guidance on acceptable evidence for Form I-765 and how to get the required documents.

DHS Updates:

1. More guidance:

• Revised Form I-765 and instructions to make it clearer.
• Added checkbox for H-4 dependents to simplify processing.

2. Flexibility in documentation:

• Acceptable secondary evidence (e.g. affidavits) if primary evidence (e.g. original petitions) is not available.
• Applicants can also request documents from USCIS through FOIA.

Public concerns about volume, cost and integration

Integration and workforce concerns:

• DHS said the rule allows labor market entry for a small group and is in compliance with immigration laws.Expected outcomes:
• Financial stability for H-1B families.
• More income for local economies through employment.
• Less labor disruption for U.S. businesses that rely on H-1B workers.

Concurrent filings for employment authorization

What was asked:

• Commenters asked DHS to allow Form I-765 (Employment Authorization Application) to be filed with:
• Form I-140 (Immigrant Petition for Alien Worker).
• Form I-539 (Application to Extend/Change Nonimmigrant Status).

DHS Response:

• Allowed: Form I-765 with Form I-539 and if applicable, Form I-129 (H-1B Petition).
• Not allowed: Form I-765 with Form I-140.

Why Form I-765 can’t be filed with Form I-140:

• Different processing centers: Form I-140 and Form I-765 are processed at different USCIS locations.
• Separate eligibility processes: Determining the spousal relationship (required for H-4 eligibility) is not required for Form I-140 adjudication and complicates joint processing.

Premium Processing

What was asked:

• Premium processing for Form I-765 applications to speed up processing.

DHS Response:

• Denied:
• Operational challenges prevent us from meeting premium processing times for Form I-765.
• Premium processing is typically for employment petitions like H-1B, L-1 or E categories and select immigrant visa petitions.

Automatic extensions of work authorization

What was asked:

• Automatic 240-day extensions of work authorization after the current EAD expires.

DHS Response:

• Denied:
• Automatic extensions could allow H-4 spouses to work if their underlying H-4 or H-1B status extensions are denied.
• Recommendation: File all necessary forms (I-539, I-129, I-765) on time to avoid gaps in work authorization.

Filing fees

Key comments:

• Commenters mentioned fees:
• Some asked for fees to be waived for H-4 dependent spouses.
• Some said fees would generate revenue for USCIS.

DHS Response:

• No Fee Waivers:
• H-4 dependent spouses are married to employed H-1B workers so it’s unlikely they can’t pay the application fees.
• Fee waivers are available on a case-by-case basis as per 8 CFR 103.7(c)(3)(viii).

EAD restrictions for H-4 dependent spouses

Proposed restrictions:

• Caps on the number of EADs issued.
• Prohibit working in the same occupation or with the same employer as the H-1B spouse.
• Restrictions on specific employers or industries.

DHS Response:

• Denied All:
• The purpose of the rule is to retain highly skilled H-1B workers and their families by giving flexibility to H-4 spouses.
• Quotas, limits or restrictions would defeat this purpose.

Circular EADs

Issue:

• A commenter asked what would happen if spouses switch between H-1B and H-4 status to maintain EAD eligibility.

DHS Response:

• Not likely:
• Switching status would not help avoid the waiting period for LPR.
• LPR offers many advantages (e.g. unrestricted work, U.S. citizenship eligibility) over status changes.

Fraud and Public Safety Concerns

Key issues:

1. Resume or Credential Fraud:

• Commenters worried H-4 spouses would fake credentials.

2. Marriage Fraud:

• Concerns about marriages to get employment benefits.

3. Criminal Records:

• Request to exclude applicants with felony charges or convictions.

DHS Safeguards:

• Resume Fraud: Employers verify applicant credentials not DHS.
• Marriage Fraud: H-4 spouses must submit proof of marriage to the H-1B worker. Fraud detection measures include USCIS officer training and referrals for criminal investigations.
• Criminal Records: DHS will review on a case-by-case basis and deny if adverse findings.

Other Decisions

EAD validity:

• EAD will match H-4 spouse’s authorized stay (up to 3 years) so no need for frequent renewals.

EAD renewals:

• Renewal forms (I-765, I-539, I-129) can be filed up to 6 months in advance to avoid gaps in employment.

Simplified filing process:

• I-765 instructions clarified to include acceptable evidence for spousal relationship and status.
• Secondary evidence or affidavits allowed when primary evidence is not available.

No changes to H-1B program:

• Comments to eliminate or modify H-1B cap, flexible filing dates or exempt H-4 spouses from H-1B cap were outside the scope of this rulemaking and need congressional action.

Immigrant Visa Processing and Adjustment of Status

Public Comments:

• Over 30 commenters said:
• Eliminate worldwide visa quotas to reduce backlogs.
• Allow pre-registration of AOS applications even if visas are not available.
• Expedite for EB-2 and EB-3 categories.
• Issue one skilled worker visa per family unit instead of separate visas for family members.

DHS Response:

• These are outside the scope of this rulemaking as they would require changes to the immigration laws which can only be done by Congress.

H-1B Nonimmigrants and H-4 Dependent Status

Key points:

• H-1B status changes for H-4 spouse:
• H-4 dependent spouse’s employment authorization is dependent on the H-1B worker maintaining status.
• If the H-1B nonimmigrant loses status due to job loss or failure to extend status, the dependent spouse will also lose H-4 status and employment eligibility.

Environmental Considerations

Comments:

• 9 commenters raised concerns about population growth due to increased work authorizations.

DHS Analysis:

• Most of the people affected by this rule are already in the U.S. waiting for immigrant visas. This rule just speeds up their entry into the labor market and will not have significant environmental impacts.

Monitoring and Reporting

Public Comments:

• Some commenters asked DHS to:
• Track EAD adjudications for H-4 spouses.
• Publish annual reports on this rule.

DHS Response:

• DHS will keep records of all immigration benefits and will include H-4 EAD in the existing annual reporting.

Rule Effective Date

Public Comments:

• Many commenters wanted the rule to be effective immediately. Some wanted a sunset provision to review after a certain period of time.

DHS Decision:

• Effective 90 days from publication (May 26, 2015).
• A sunset provision was not practical as it would create unequal employment authorization validity periods.

Regulatory Impact Analysis

Key Points:

• Unfunded Mandates Reform Act of 1995:
• This rule will not impose unfunded mandates on state, local or tribal governments or private sectors over $155 million annually (adjusted for inflation).
• Small Business Regulatory Fairness Act of 1996:
• This rule will not cause economic disruption, increase cost or price or negatively impact competition or productivity.

Population Impact and Volume Estimates

Current Backlog:

DHS estimates:

• 179,600 H-4 dependent spouses will be eligible to apply for employment authorization in the first year.

New Eligibility per Year:

• 55,000 H-4 spouses.

Methodology:

• Data includes:
• Approved I-140s (employment-based immigrant petitions).
• H-1B extensions granted under AC21.

Key Assumptions:

• Historical H-1B data shows most applicants in these categories will adjust status in the U.S.
• Upper-bound estimate accounts for marital status and visa processing conditions.

Applicant Costs

Costs:

• Each applicant will pay:
• $380 I-765 filing fee.
• $56.18 for passport-style photos and time-related expenses.
• Total cost per applicant: $436.18.

Long-term Cost Projections:

• Year 1:
• 179,600 applicants: $78.3 million.
• Subsequent years:
• 55,000 applicants: $24 million.
• 10 years: $219 million – $257 million (depending on discount rate).

Broader Economic and Social Benefits

Benefits:

• Financial independence for H-4 spouses.
• H-1B family integration into U.S. communities.
• Retention of high-skilled talent for economic growth, innovation and competitiveness.

Costs related to H-4 EAD

1. Applicant Costs

H-4 dependent spouses applying for employment authorization will incur the following costs:

• Filing Fees:
• The I-765 filing fee for an H-4 EAD is $410 (up from $380 as USCIS increased fees recently).
• Two passport-style photos: $20.
• Time Costs:
• Filing I-765 takes approximately 3 hours and 25 minutes (DHS estimate).
• Opportunity Cost of Time:
• DHS uses the federal minimum wage of $7.25 per hour. Adjusted for benefits (paid leave, insurance, retirement) to $10.59 per hour.
• Opportunity cost per applicant: $36.18.
• Total Costs per Application:
• Fees + photos + opportunity cost = $466.18.

2. Total Costs

• Year 1:
• 179,600 applicants: $83.7 million.
• Subsequent years:
• 55,000 applicants: $25.6 million.

3. Renewals

• Renewals will cost the same: $466.18 per application. But the number of renewals will depend on the availability of employment-based green cards which varies by preference category and country of origin.

Cost to the Federal Government

• Fee-Based Funding:
• USCIS fees are designed to fully recover costs of adjudication, including overhead.
• So there is no additional cost to the federal government from the H-4 EAD program.

Economic and Geographic Impacts

1. U.S. Labor Market

• Labor Force Entry:
• 179,600 in year 1. 55,000 in subsequent years.
• That’s 0.1156% of the total U.S. civilian labor force (2013 data: 155.4 million).
• Top States:
• States with the most H-1B visa holders (California, New York, Florida, Texas, New Jersey) will be most impacted.
• Projected first-year workforce additions:
• California: 35,920 (0.19% of state labor force).
• New York: 25,144.
• Florida: 17,960.
• Texas: 16,164.
• New Jersey: 8,980.

2. Wider Impacts

• The program doesn’t introduce new workers into the U.S. economy but accelerates their entry into the labor market. This may help retain high-skilled workers by keeping families in the U.S. instead of leaving due to long green card waits.

Benefits of H-4 EAD

1. Economic Benefits

• Financial Relief for Families:
• Allowing spouses to work reduces financial burden on H-1B families and makes it easier to manage the cost of living in the U.S.
• Talent Retention:
• By supporting H-1B families, H-4 EAD helps retain high-skilled professionals in the U.S., technology, research and entrepreneurship.
• Global Standards:
• The U.S. is joining Canada and Australia which allow spousal work permits for temporary visa holders, making it more competitive in attracting global talent.

2. Social Benefits

• Integration into American Society:
• Employment opportunities lead to socio-economic advancement which correlates with better cultural integration for immigrant families.

Regulatory Impacts

1. Alternatives Considered

DHS considered several options before finalizing the H-4 EAD program:

• Broad Eligibility for All H-4 Spouses:
• Rejected because it would allow work authorization for spouses of H-1B holders not pursuing green cards, watering down the program.
• Limited Eligibility:
• Considered restricting eligibility to only H-4 spouses of H-1B holders with extensions under AC21 (H-1B extensions beyond the 6-year limit). But that was deemed too narrow and not enough to address the green card backlog.

2. Final Eligibility Criteria

• Work authorization is available to H-4 spouses of H-1B holders who:
• Have approved I-140 petitions, or
• Have H-1B extensions under AC21.

3. Regulatory Changes

• Update to Form I-765:
• The form now has a checkbox for H-4 dependent spouses, making it easier to process and reducing errors.
• Concurrent Filing:
• Eligible applicants can file Form I-765 with Form I-539 (H-4 status changes), faster adjudication.

1. Public Comments

• Over 180 comments raised issues like:
• Filing and renewal process.
• Premium processing for Form I-765.
• Fraud and documentation requirements.

2. DHS Response

• Premium processing is not available for H-4 EAD due to resource constraints.
• Applicants do not need to demonstrate financial necessity.

Projected Outcomes and Long-Term Impact

• Green Card Pursuits:
• By relaxing work restrictions, H-4 EAD encourages families to stay in the U.S. while waiting for green cards.
• Talent Retention:
• So workers don’t abandon the process. The rule: overposting<

The Rule

 

Accordingly, DHS amends chapter I of title 8 of the Code of Federal Regulations as follows:

PART 214—NONIMMIGRANT CLASSES

1. The authority citation for part 214 continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Public Law 104-208, 110 Stat. 3009-708; Public Law 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2.

2. Section 214.2 is amended by revising paragraph (h)(9)(iv) to read as follows:

§ 214.2

Special requirements for admission, extension, and maintenance of status.

*

(h) *

(9) *

(iv) H-4 dependents. The spouse and children of an H nonimmigrant, if they are accompanying or following to join such H nonimmigrant in the United States, may be admitted, if otherwise admissible, as H-4 nonimmigrants for the same period of admission or extension as the principal spouse or parent. H-4 nonimmigrant status does not confer eligibility for employment authorization incident to status. An H-4 nonimmigrant spouse of an H-1B nonimmigrant may be eligible for employment authorization only if the H-1B nonimmigrant is the beneficiary of an approved Immigrant Petition for Alien Worker, or successor form, or the H-1B nonimmigrant’s period of stay in H-1B status is authorized in the United States under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), Public Law 106-313, as amended by the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (2002). To request employment authorization, an eligible H-4 nonimmigrant spouse must file an Application for Employment Authorization, or a successor form, in accordance with 8 CFR 274a.13 and the form instructions. If such Application for Employment Authorization is filed concurrently with another related benefit request(s), in accordance with and as permitted by form instructions, the 90-day period described in 8 CFR 274.13(d) will commence on the latest date that a concurrently filed related benefit request is approved. An Application for Employment Authorization must be accompanied by documentary evidence establishing eligibility, including evidence of the spousal relationship and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B status under sections 106(a) and (b) of AC21, as amended by the 21st Century Department of Justice Appropriations Authorization Act, the H-1B beneficiary is currently in H-1B status, and the H-4 nonimmigrant spouse is currently in H-4 status.

*

PART 274a—CONTROL OF EMPLOYMENT OF ALIENS

3. The authority citation for part 274a continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1324a; Title VII of Public Law 110-229; 48 U.S.C. 1806; 8 CFR part 2.

4. Section 274a.12 is amended by adding a new paragraph (c)(26), to read as follows:

§ 274a.12

Classes of aliens authorized to accept employment.

*

(c) *

(26) An H-4 nonimmigrant spouse of an H-1B nonimmigrant described as eligible for employment authorization in 8 CFR 214.2(h)(9)(iv).

*

5. Section 274a.13 is amended by revising the first sentence of paragraph (d), to read as follows:

§ 274a.13

Application for employment authorization.

*

(d) Interim employment authorization. USCIS will adjudicate the application within 90 days from the date of receipt of the application, except as described in 8 CFR 214.2(h)(9)(iv), and except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). *

*

Jeh Charles Johnson,

Secretary.

 

Background on Save Jobs USA Litigation

Regardless of what Trump does in 2025 on the H-4 EAD, there will likely be extensive litigation in feeral courts. Becoming familiar wtih the history of the litigation will be helpful in understanding how future lititation may play out.

D.C. Circuit Affirms District Court’s Grant of Summary Judgment to DHS in Save Jobs USA v. DHS H-4 EAD Litigation

8/2/24  AILA Doc. No. 15052675. Business Immigration, H-1B & H-1B1 Specialty Occupation

August 2, 2024

The D.C. Circuit affirmed the district court’s decision awarding summary judgment to DHS, holding that Save Jobs USA had not meaningfully distinguished the case from binding precedent in Washington Alliance of Technology Workers v. DHS, in which the court held that the 2016 STEM Optional Practical Training (OPT) regulations were within DHS’s statutory authority to set the time and conditions of F-1 admission. The court reasoned that its recent decision in WashTech interpreted the INA to authorize immigration-related employment rules like the H-4 EAD rule, and that Save Jobs USA had made little effort to dispute that reading of WashTech. (Save Jobs USA v. DHS, et al., 8/2/24)

February 8, 2024

After SCOTUS denied cert. in Save Jobs USA v. DHS, et al., the plaintiffs appealed to the DC circuit court. AILA and AIC filed an amicus brief urging the circuit court to affirm the district court decision granting summary judgment.

The amici brief counters appellant’s argument that DHS does not have the authority to permit certain H-4 spouses to work by providing a detailed explanation of the shared congressional and executive responsibility in the INA that the executive followed for almost 35 years in authorizing work for certain categories of noncitizens and its subsequent ratification in 1986 when Congress explained that a noncitizen was “unauthorized” for purposes of the new employment verification provisions if not “authorized to be so employed by this Act or by the Attorney General.” 8 U.S.C. § 1324a(h)(3)(B).

October 30, 2023

The U.S. Supreme Court denied the petition for a writ of certiorari before judgment, leaving in place the March 2023 ruling from the U.S. District Court for the District of Columbia granting summary judgment in favor of DHS. Justice Kavanaugh took no part in the consideration or decision of the petition. (Save Jobs USA v. DHS, et al., 10/30/23)

 

March 28, 2023

Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia granted DHS’s motion for summary judgment, concluding that DHS possessed the requisite statutory authority to issue the H-4 EAD rule, and that the plaintiff had failed to demonstrate that the H-4 EAD rule was arbitrary and capricious. (Save Jobs USA v. DHS, et al., 3/28/23)

 

April 2, 2021

On April 2, 2021, Save Jobs USA filed its second renewed motion for summary judgment in the U.S. District Court for the District of Columbia. The updated court schedule is provided below:

May 3 – Defendant’s combined opposition and cross-motion
May 17 – Intervenor’s combined opposition and cross-motion
May 31 – Plaintiff’s combined oppositions and replies
June 14 – Defendant’s reply
June 28 – Intervenor’s reply

February 2, 2021

In light of recent executive and administrative actions, on February 2, 2021, Judge Chutkan ordered a joint status report due by March 5, 2021, advising the court: 1) whether the current dispute has been mooted or the parties anticipate that it will be mooted; 2) whether the parties wish to stay this action for any reason, including the parties’ negotiations over resolving this dispute; or 3) whether the parties agree that this litigation should continue as anticipated pursuant to the federal rules, local rules or a scheduling order.

October 5, 2020

On October 5, 2020, the parties provided a joint status report to the court. In the joint status report, DHS stated “[A]lthough DHS formally submitted the proposed rule, titled Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization (“H-4 EAD proposed rule”) to both the Office of Management and Budget (“OMB”) and Office of Information and Regulatory Affairs (“OIRA”) for review under Executive Order 12866 on February 20, 2019, this proposed rule is still in the same stage due to urgent competing priorities that have arisen during the COVID-19 pandemic.”

Save Jobs asked to move promptly for summary judgment. Immigration Voice (Intervenors) asked for a stay until after the Presidential election.

 

November 8, 2019

The court reversed the U.S. District Court for the District of Columbia’s 2016 grant of summary judgment in favor of DHS, concluding that Save Jobs USA had demonstrated that DHS’s H-4 EAD rule would subject its members to an actual or imminent increase in competition, and that it therefore has standing to pursue its challenge. (Save Jobs USA v. DHS, 11/8/19)

 

September 16, 2019

In a letter to the court, DHS states that,
“The proposed rule is currently undergoing the interagency process as required by Executive Order 12866. As previously indicated, DHS’s intention to proceed with publication of the H-4 EAD proposed rule remains unchanged. At this point, DHS has informed counsel that it believes the earliest possible publication date for that rule would be in spring 2020. Although that timeframe is aspirational, DHS believes that the September 27, 2019 oral argument should be removed from the calendar and postponed and DHS ordered to provide status updates in accordance with a schedule the Court deems appropriate.” (emphasis added)

In a response to order to show cause, Save Jobs USA argued that the appeal should move forward and that the court should hold oral argument as scheduled.

Immigration Voice, Sudarshana Sengupta, and Anuj Dhamija, submitted a letter, arguing that “based on prudential considerations and in the interest of judicial economy the oral argument should be removed from the argument calendar and indefinitely postponed.”

 

March 13, 2019

On March 13, 2019, the D.C. Circuit Court of Appeals granted the appellee’s consent motion for a 14-day enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:

• Appellee’s Brief – April 1, 2019
• Intervenor for Appellee’s Brief – April 8, 2019
• Appellant’s Reply Brief – April 29, 2019

(Save Jobs USA v. DHS, 3/13/19)

 

January 23 , 2019

On January 23, 2019, the D.C. Circuit Court of Appeals granted the appellee’s motion for an enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:

• Appellee’s Brief – March 18, 2019
• Intervenor for Appellee’s Brief – March 25, 2019
• Appellant’s Reply Brief – April 15, 2019

(Save Jobs USA v. DHS, 1/23/19)

 

December 17 , 2018

On December 17, 2018, the D.C. Circuit Court of Appeals granted a motion to intervene that Immigration Voice, a non-profit organization, filed with the court in March 2017. The court also ordered the case to be removed from abeyance and directed the clerk to enter a briefing schedule. The following briefing schedule will apply in this case:

• Appellant’s Replacement Brief & Appendix – January 16, 2019
• Appellee’s Brief – February 15, 2019
• Intervenors for Appellee’s Brief – February 22, 2019
• Appellant’s Reply Brief – March 15, 2019

(Save Jobs USA v. DHS, 12/17/18)

 

September 21, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report indicates that DHS’s intention to proceed with publication of an NPRM concerning the H-4 EAD Rule remains unchanged and that DHS continues to proceed in line with that intention. Since the filing of the status report on 8/20/18, DHS senior leadership has reviewed the proposed rule and returned it to USCIS this month for revisions. When the necessary revisions are incorporated, USCIS will return the proposed rule to DHS for final clearance and submission to OMB. DHS anticipates that the rule will be submitted to OMB within three months. (Save Jobs USA v. DHS, 9/21/18)

 

August 20, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that final DHS clearance of 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 ongoing. Senior levels of DHS leadership are actively considering the terms of the proposed rule for approval. Once it is cleared through DHS, it will be sent to the Office of Management and Budget (OMB) for review. (Save Jobs USA v. DHS, 8/20/18)

 

May 22, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report 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 currently in final DHS clearance. Once it is cleared through DHS, it will be sent to the Office of Management and Budget for review. (Save Jobs USA v. DHS, 5/22/18)

 

February 28, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that DHS intends to publish a Notice of Proposed Rulemaking to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization by June 2018. (Save Jobs USA v. DHS, 2/28/18)

According to USCIS data, 104,750 H-4 spouses have received employment authorization under the current H-4 employment authorization rule, which was published at 80 FR 10284 on 2/25/15.

 

November 17, 2017

The D.C. Circuit Court of Appeals granted the government’s motion to hold proceedings in abeyance pending further order of the court and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by January 2, 2018.

 September 27, 2017

DHS filed a motion to hold proceedings in abeyance through December 31, 2017. (Save Jobs USA v. DHS, 9/27/17)

 

September 20, 2017

Save Jobs USA filed a motion to reschedule briefing and oral argument.

 

June 23, 2017

The D.C. Circuit Court of Appeals granted the government’s motion to hold the proceedings in abeyance and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by September 27, 2017.

 

April 3, 2017

The government filed a motion with the D.C. Circuit Court of Appeals requesting that the court hold the proceedings in abeyance for 180 days, up to and including September 27, 2017, to permit DHS to reconsider the H-4 EAD rule and whether it should revise the rule through notice-and-comment rulemaking. (Save Jobs USA v. DHS, 4/3/17)

 September 27, 2016

The U.S. District Court for the District of Columbia granted summary judgment in favor of DHS, holding that Save Jobs USA lacked Article III standing to challenge DHS’s H-4 EAD rule.

 

May 24, 2015

Memorandum opinion denying Save Jobs motion, finding that Save Jobs failed to show it would suffer irreparable harm absent preliminary relief.

 

April 23, 2015

A group of tech workers formed by Americans who were employed at Southern California Edison, filed a complaint for declaratory and injunctive relief and a motion for preliminary injunction staying the implementation of USCIS’s final rule on employment authorization for certain H-4 dependent spouses.

H-4 EAD FAQs under Trump Policies 2025

H-4 EAD General Questions

1. What is H-4 EAD?
   H-4 EAD (Employment Authorization Document) is a benefit given to H-4 visa holders who are spouses of H-1B workers. They can work, start a business or freelance in the US if their H-1B spouse is pursuing employment based green card and has I-140 approved or has extended H-1B beyond 6 years under AC21 rules.
2. Why is H-4 EAD important?
   Thousands of skilled professionals, especially women, can contribute to the US workforce. It helps families to maintain financial stability and US employers to retain global talent.
3. Why is there concern about H-4 EAD?
   During Trump’s first term, the administration tried to rescind the program multiple times, claiming it creates job competition for US workers. If Trump is back in office in 2025, similar attempts to eliminate the program may resurface and create uncertainty for current and future EAD holders.
4. How will elimination of H-4 EAD affect US businesses?
   Removal of H-4 EADs will create major disruptions in industries like IT, healthcare, engineering and education as many H-4 EAD holders are highly skilled professionals in these fields.
5. What was the outcome of previous attempts to eliminate H-4 EAD?
   Attempts to rescind the program were met with lawsuits and delays. Advocacy groups, legal challenges and economic arguments prevented the Trump administration from ending it.

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Legal and Preparatory Steps

1. What to do if I have H-4 EAD now?

• Renew Early: Renew your H-4 EAD as soon as possible to get employment authorization for the maximum period.
• Explore Alternatives: Work with an immigration attorney to find other visa options or prepare for independent work authorization.
• Stay Informed: Monitor USCIS announcements and immigration policy changes.

2. What are the alternatives if H-4 EAD is rescinded?

• H-1B Visa: Apply for a work visa through employer sponsorship but keep in mind the lottery cap and job specific requirements.
• F-1 Student Visa: Transition to F-1 visa for education and potentially use OPT to work in the US.
• Green Card Process: Explore ways to get lawful permanent residency through employer or family sponsorship.
• International Work Options: Work remotely for a foreign employer if it complies with US immigration laws.

3. Can Immigration Attorneys help with H-4 EAD holders contingency planning?
   Yes, experienced immigration lawyers can assist with:

• Renewing H-4 EADs and dealing with delays.
• Finding work authorization alternatives.
• Creating a long term immigration strategy to get legal work status.

4. What if my H-4 EAD renewal is pending when the program is rescinded?
   Pending applications are usually processed under the laws in effect at the time of filing. But policy changes can affect processing times. Seek legal advice immediately.

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Work and Employment Issues

1. What happens to my current job if H-4 EAD is rescinded?
   If the program is rescinded, you will not be able to work when your current EAD expires. Employers will face compliance issues so plan with your employer proactively.
2. Can I apply for H-1B visa to continue working?
   You can transition to H-1B visa but it has hurdles including H-1B cap, employer sponsorship and proof of specialty occupation.
3. Can I freelance or consult if my EAD is rescinded?
   Freelancing or consulting requires legal work authorization. Without EAD or alternative visa, such work will be illegal and compromise your status.
4. What are the options for work continuity?

• Transition to H-1B visa through employer sponsorship.
• O-1 visa if you have extraordinary skills in your field.
• Temporary unpaid roles to keep professional engaged until work authorization is secured.

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Family and Personal Issues

1. How will a H-4 EAD rescission affect families financially?
   Families dependent on dual incomes will be financially strained, H-1B workers may have to go back to their home country or find alternative solutions.
2. Does H-4 EAD rescission affect dependent children?
   Not directly but loss of income or inability to maintain US residency will disrupt their education and stability.
3. Can I still study if my H-4 EAD is rescinded?
   Yes, H-4 visa holders can study in the US without work authorization. But you will face financial challenges without the ability to work.

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Policy Questions

1. How long will it take to rescind the H-4 EAD program?
   Rescinding the program requires regulatory processes, public notice, comment periods and potential legal challenges. So it will take time.
2. Can advocacy efforts save the H-4 EAD program?
   Yes, public comments, lawsuits and advocacy by organizations like Save H-4 EAD have delayed or stopped attempts to end the program.
3. What role do lawsuits play in saving H-4 EAD?
   Legal challenges argue that rescinding the program will harm families, disrupt industries and exceed administrative authority. These cases can delay policy changes.

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Long term Immigration Strategies

1. Should I start green card process now to avoid future uncertainty?
   Yes, starting green card process is a long term solution. If your H-1B spouse has an approved I-140, consult with an attorney to file for adjustment of status or independent green card application.
2. What should I do for 2025 policy changes?

• Renew your EAD as soon as possible.
• Consult with an immigration attorney for alternative work options.
• Build a financial contingency plan for potential employment authorization gaps.

3. Is there any precedent for reversing H-4 EAD rescission?
During Trump administration, lawsuits and public opposition stopped the program from being rescinded. Advocacy and legal challenges may play a role again.

4. Can I switch to another visa if H-4 EAD is ended?
   H-1B, O-1 or L-1 visas may be an option but depends on your qualifications, employer sponsorship and other factors.

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Special Cases

1. Which industries will be impacted by H-4 EAD rescission?
   Technology, healthcare, education and finance industries may face talent shortage as many H-4 EAD holders are professionals in these fields.
2. My employer wants to sponsor me for H-1B?
   Employer sponsorship for H-1B visa is an option but it’s a lottery and has strict qualifications. Start the process early to increase your chances.
3. What happens to my spouse’s H-1B status if H-4 EAD is ended?
   H-1B status of your spouse is not directly affected by H-4 EAD changes. But losing dual income may impact the family’s ability to stay in US.
4. What’s the long term outlook for H-4 EAD?
   Biden administration supported the program but its future depends on political leadership and policy priorities. Advocacy and legal strategies will continue to play a role.

CONCLUSION

If you are on H-4, navigating work authorization and preparing for potential changes under a Trump administration requires expertise. Herman Legal Group has the experience and personal attention to help you understand your rights, H-4 EAD options and alternative paths to work authorization. With a history of advocating for immigrants through changing regulations, their team will provide you with current and customized legal strategies for your situation. By working with Herman Legal Group you will feel at ease and have a plan for your professional and personal life in the US.

Related Resources

• USCIS Final Rule on Employment Authorization for Certain H-4 Dependent Spouses
• USCIS Started Accepting Applications for Employment Authorization for Certain H-4 Dependent Spouses
• Congressional Research Services, 2018, H-4 EAD

Can Trump Take Away My Citizenship?

Trump’s Immigration Crackdown: Denaturalization is Back

President-elect Donald Trump has doubled down on one of his most outrageous campaign promises: deporting 15 million people, including some who are already naturalized U.S. citizens. While it may be virtually impossible to implement Trump’s grandiose ambitions due to the logistical and financial challenges of deporting millions, his administration will still devastate countless lives, including those who thought their citizenship was forever.

Among the tools at their disposal is the obscure judicial process of denaturalization—revoking citizenship granted to immigrants—making naturalized Americans deportable.

Going Beyond Terrorism and War Crimes

Becoming a naturalized U.S. citizen is supposed to mean you get all the rights and protections of citizenship. But the Department of Justice (DOJ) can take that away if they can prove fraud or misrepresentation during the naturalization process. Historically, it was used sparingly and only in extreme cases, like targeting people with ties to terrorism, war crimes, or human rights violators who may have concealed such backgrounds.

Under the first Trump administration, this rarely used power is getting new attention, and what does it mean to be “truly American” and naturalized citizens are getting nervous.

This is a big expansion of immigration enforcement and has huge implications for immigrant communities and the entire legal system.

Most naturalized citizens will not be affected by Trump’s renewed efforts to denaturalize.

Who’s at Risk?

But those who naturalized by providing false material information (like not disclosing criminal history or obtaining citizenship under false identity) will be at greater risk.

Likely Targets

• Those who didn’t disclose past deportation orders or criminal convictions.
• Those who naturalized under false identities.
• Naturalized citizens who committed crimes before they were citizens (and didn’t disclose).

What is Denaturalization?

Denaturalization is the legal process of taking away an individual’s U.S. citizenship. Established in 1906, this process allows the government to revoke citizenship if it was obtained by fraud, misrepresentation, or material omission that would have precluded naturalization.

This process allows authorities to strip citizenship from individuals who:

1. Illegally Obtained Citizenship: Failing to meet the requirements.
2. Committed Fraud or Misrepresentation: Hiding or lying about material facts in the naturalization process.

Denaturalization requires the government to prove an individual obtained citizenship by fraud or misrepresentation. Specifically:

1. Willful Concealment: The applicant intentionally misrepresented or withheld information.
2. Material Fact: The concealed fact would have made them ineligible for naturalization.

Until the first Trump administration, naturalization was rare and historically targeted serious offenders like war crimes or terrorism.

But someone like Elon Musk, whom many have speculated about his immigration journey, including allegations of working illegally on a student visa, could theoretically be at risk of denaturalization if he illegally worked in the U.S. while on an F-1 student visa, if he intentionally lied about that work, and if that unlawful employment would have made him ineligible for his green card and therefore citizenship.

Fear is part of the strategy

While denaturalization cases are few, the denaturalization efforts may be part of a broader strategy to scare immigrant communities and deter naturalization.

What’s next for immigration under Trump?

Experts say a second Trump administration will double down on policies to reduce both legal and illegal immigration.

Expected tactics

1. Supercharged Denaturalization: Will expand despite the small number of cases compared to overall immigrant population.
2. Legislative Changes: Will try to limit family-based immigration and visa programs.
3. More Enforcement: More focus on investigating old applications for fraud.

How Denaturalization Works

Investigation:

Federal authorities review visa and citizenship applications for inconsistencies, inaccuracies, or omissions.

“Material” misstatements—those that if known would have prevented the applicant from becoming a citizen—are grounds for denaturalization.

Filing a Case:

• Denaturalization cases are filed in federal court where the government must prove its claims. Unlike criminal cases, defendants do not have the right to appointed counsel.

Outcome:

• If successful, citizenship is revoked and the individual reverts to their prior immigration status. In most cases, this makes them deportable.

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Denaturalization Facts

• Denaturalization does not result in deportation. Instead the individual reverts to their prior immigration status, such as a green card holder. But green card holders can be deported for certain crimes.
• The DOJ must prove its case in federal court as denaturalization requires judicial approval.
• As mentioned above, this process has historically been reserved for the most serious cases, such as terrorism, war crimes or significant fraud.

Why Naturalized Citizens?

Under Trump’s plan, naturalized citizens are not exempt from the administration’s broader deportation plans. Trump administration officials, particularly Stephen Miller, have been saying they will use denaturalization to expand enforcement beyond undocumented immigrants, idealizing past immigration policies from the 1920s to emphasize a cultural element in defining true membership in America.

The Strategy

• Expand Enforcement: Trump’s team will investigate tens of thousands of naturalized citizens for revocation.
• Broaden Criteria: No more limitations on cases. Even small mistakes on applications will be grounds for denaturalization.
• Revive “Operation Second Look”: This from Trump’s first term will supercharge denaturalization by reviewing old cases for any discrepancies, regardless of intent or harm.

The Philosophy

Stephen Miller, the architect of Trump’s immigration policies, has called for a “supercharged” denaturalization process. He says every inconsistency, no matter how small or unintentional, should be scrutinized to see if citizenship was granted improperly. His phrase “America is for Americans only” is a deeply exclusionary approach to immigration.

Denaturalization Consequences

The effects of denaturalization go far beyond the individual who loses citizenship. The ripples impact families, communities and the very fabric of U.S. immigration policy.

1. Individual Consequences

• Loss of Citizenship: Revocation makes individuals deportable and strips them of their rights and privileges as U.S. citizens.
• Legal Vulnerability: Without citizenship individuals can’t vote, hold certain jobs or sponsor family members for immigration.
• Financial Burden: Defending against denaturalization requires expensive legal representation which many can’t afford. Without guaranteed counsel defendants are at a huge disadvantage.

2. Family Consequences

• Naturalized Children: Minors who became citizens through their parents’ applications will lose their status if their parents are denaturalized.
• American Born Children: Trump has promised to end birthright citizenship so children born to immigrant parents will be stateless if their parents are denaturalized.

3. Psychological Harm

Even if you successfully defend your citizenship the process causes lasting harm:

• Stress and Fear: The possibility of losing your citizenship erodes your sense of belonging and security.
• Second Class Citizenship: Millions of naturalized Americans will start to feel like second class citizens, unsure of their status. The fear of denaturalization will erode their sense of permanence and equality.

4. Wider Social Consequences

As journalist Masha Gessen has written, a mass denaturalization campaign will create a system where immigrants live under constant suspicion, undermining trust in the U.S. immigration process and the American dream.

Why Should All Americans Care?

Denaturalization raises the question: what does it mean to be American and is citizenship really permanent?

1. Citizenship as a Firewall

Citizenship has always been seen as a barrier to deportation and a sign of full membership in American society. This effort blows that firewall apart.

2. Immigration Policy

The Trump administration’s rhetoric ties Americanness to culture or race, just like the restrictive immigration policies of the early 20th century. Critics say this undermines the idea of America as a nation of immigrants.

3. Second Class Citizens

Masha Gessen, a journalist and critic, says the denaturalization task force is telling naturalized citizens they are “second class citizens” living under a cloud of conditional acceptance.

History

Denaturalization has a long and uneven history in the United States. Understanding its past helps us understand the current threat to naturalized citizens.

1906 to Mid 20th Century: Setting the Precedent

• It was first codified in 1906 to revoke citizenship obtained by fraud.
• Denaturalization peaked during the World Wars and early Cold War.
• It was often used for political reasons, targeting individuals accused of disloyalty or radical political activity. For example:
• Emma Goldman, an anarchist and pacifist, was denaturalized during World War I for opposing the war.
• Naturalized citizens who joined Communist or Nazi organizations were denaturalized in the 1930s and 1940s.

Late 20th Century: Targeted Use

• Denaturalization was rare and focused on:
• War criminals
• Terrorists
• Human rights abusers
• Cases required evidence of deliberate fraud that would have prevented naturalization.

Post 1967 Restrictions

• The Supreme Court’s decision in Afroyim v. Rusk (1967) held that citizenship is a right, not a privilege and can’t be revoked for post naturalization behavior. Denaturalization could only be pursued if citizenship was fraudulently obtained in the first place.

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21st Century: New Focus

• Under the Obama administration denaturalization was rare but used for severe cases, such as individuals concealing violent criminal histories.
• Example: Rasmea Odeh who failed to disclose a bombing conviction in Israel lost her citizenship.

Trump’s First Term: Operation Second Look

• Trump’s Department of Justice expanded denaturalization efforts big time.
• Key Moves:
• Hired dozens of new agents to review naturalization applications.
• Increased cases from a few dozen a year to thousands.
• Targeted individuals whose infractions caused little or no harm.

Biden Administration’s Response

On February 2, 2021 President Joe Biden signed an executive order to review and potentially reverse denaturalization. The order directed the attorney general and secretaries of state and homeland security to:

• Review Policies and Practices: Not use denaturalization and passport revocation excessively or unfairly.
• Promote Fairness: Re-examine denaturalization cases from the Trump era to see if they met the principles of justice and due process.

Advocacy and Reform

• Immigrant rights orgs called it a “good first step” but said more is needed to restore trust in the system.
• Advocates are calling for:
• Full reversal of denaturalization policies from the Trump administration.
• More transparency and oversight to prevent denaturalization abuse in the future.

Trump’s Denaturalization Task Force

During Trump’s first term denaturalization efforts expanded big time with resources shifted to review old naturalization cases for fraud. This included high profile initiatives like Operation Janus and Operation Second Look to find cases where individuals may have hidden information during the naturalization process.

In June 2018 USCIS Director L. Francis Cissna announced the creation of a denaturalization task force to investigate naturalized citizens. This was an expansion of Operation Janus, a long running program to target individuals who obtained citizenship fraudulently.

What is Operation Janus?

• Began in the 2000s Operation Janus reviewed hundreds of thousands of naturalization files to find individuals with past deportation orders or criminal records under other names.
• In 2017 the DOJ filed its first lawsuits under this program against individuals who used fake identities to get citizenship.
• The denaturalization task force is an expansion of these efforts, targeting thousands of cases found by Operation Janus.

Trump’s first administration diverted resources from new immigration applications to old cases:

Trump Era

• 2018: Then-USCIS Director Francis Cissna said they would refer 1,600 naturalization fraud cases to the DOJ.
• 2019: ICE shifted over $200 million to denaturalization efforts.
• Operation Janus uncovered old fingerprint files and found 858 cases of individuals who got citizenship despite having prior deportation orders or criminal records.
• 2020: The DOJ launched a denaturalization initiative and filed cases in federal court.
• Statistical Context:
• Between 2008 and 2020 the DOJ filed 228 denaturalization cases, 94 of them during the first three years of Trump’s presidency.
• Denaturalization became harder to prove after the Supreme Court’s 2017 decision in Maslenjak v. United States which raised the standard of proof for fraud in naturalization applications.

Case Study: Norma Borgono

One example of denaturalization under the Trump administration is Norma Borgono, a 63 year old Peruvian grandmother living in Miami. She became a U.S. citizen in 2007 but was later implicated in a mail fraud scheme through her work. Although she cooperated with authorities and did house arrest, the DOJ said she failed to disclose the criminal activity during the naturalization process. That omission, according to the government, was fraud and made her citizenship invalid.

This case shows how far the administration is willing to go, focusing on past crimes or omissions even if they weren’t intentional or material to the naturalization process.

Trump’s Expanded Approach

Previous administrations focused on national security and human rights cases. Trump’s administration expanded denaturalization to include crimes that occurred before naturalization but weren’t disclosed during the application process. This has a chilling effect on naturalized citizens.

Trump

• Broader Targets: Cases include individuals with lesser offenses such as omissions of minor past crimes or activities unrelated to their citizenship eligibility.
• More Resources: The task force hired more attorneys to review naturalization files, to prosecute thousands of cases.
• Expanded Definition of Fraud: Unintentional errors or omissions are being looked at for materiality.

Chilling Effect on Naturalization

Immigrant advocacy groups, including the ACLU, said the increased scrutiny would deter eligible green card holders from applying for citizenship, fearing retroactive investigations.

The Human Cost of Denaturalization and Immigration Policies

While the number of denaturalization cases is small, the human impact is big:

• Fear Among Immigrants: Increased investigations are causing anxiety among naturalized citizens, even those with minor errors in their applications.
• Family Separation: Restrictive policies are hitting immigrant families hard, delaying reunification and causing emotional trauma.

Long Term

• Over time these policies could reduce immigration by tens of millions, changing the demographic and economic fabric of the U.S.

Trump Immigration Policies and Their Legacy

The Denaturalization Section was one of several controversial initiatives under the Trump administration’s broader anti-immigration agenda which included:

• Travel Bans: Restricting entry from predominantly Muslim countries.
• Family Separation: Enforcing policies that separated children from their parents at the border.
• Asylum Restrictions: Implementing policies that severely limited the ability to claim asylum in the U.S.

Denaturalization fit into this pattern by targeting naturalized citizens, a group previously considered secure in their immigration status.

Threat to Birthright Citizenship

In addition to denaturalization, Trump has promised to end birthright citizenship, a constitutional right under the 14th Amendment. This would undermine the legal foundation of citizenship for children born in the U.S., further destabilizing immigrant families.

Consequences

• Millions of U.S. born children could have their citizenship challenged if Trump’s policies succeed.
• This would create stateless individuals, contrary to international law and human rights.

Immigration Policies in a Second Trump Term

Denaturalization is just one piece of the Trump administration’s overall plan to reduce immigration. Other likely actions:

• Blocking Green Card Categories: Eliminating visa programs like the diversity lottery which brings in 50,000 immigrants a year.
• Slowing Application Approvals: Increased scrutiny and bureaucratic hurdles for legal immigration applications.
• Family-Based Immigration: Measures that could leave many Americans unable to sponsor family members for green cards.

Social and Political Consequences

1. Disappointed Sponsors: Many Americans trying to sponsor family members will be delayed or denied.

Labor Market

A smaller labor force could worsen existing shortages in healthcare, agriculture and construction

Economic and Demographic Impact

Denaturalization itself will not have a big demographic impact, but broader legal immigration restrictions will harm the economy by reducing labor force growth and slowing GDP.

Economic Impact

1. Labor Force Growth:

• Immigration has driven U.S. labor force growth, a major driver of economic growth.
• The combination of Trump’s policies and the pandemic between 2016 and 2022 already reduced GDP growth by 1.3 percentage points, according to a study by the National Foundation for American Policy (NFAP).

2. Employers and Consumers

• Employers will have trouble filling key positions due to labor shortages.
• Consumers will have reduced access to services provided by immigrant workers.

Quotes

• “Limiting both legal and undocumented immigration will slow overall economic growth and disrupt sectors that rely on immigrant labor.” – Robert Lynch, economics professor at Washington College

Tools to Stop Denaturalization

Defending Citizenship

Fighting denaturalization is hard. The system is stacked against you. The government has the upper hand.

No Right to Counsel

Unlike criminal cases, denaturalization cases do not provide legal representation. Many defendants, unaware of the legal process, can’t mount a proper defense and will lose their citizenship.

Burden of Proof

While the government must prove fraud, the complexity of immigration law leaves individuals vulnerable to accusations based on minor errors or omissions.

Costs

Legal fees to defend against denaturalization can be tens of thousands of dollars, out of reach for many.

Legal and Practical Implications

1. What is “Material Fraud”?

The Supreme Court in 2017 in Maslenjak v. United States ruled that only lies or omissions that would have prevented naturalization at the time can justify denaturalization. This limits the government’s ability to strip immigrants of citizenship for minor mistakes. The Supreme Court limited the government’s ability to revoke citizenship by requiring proof of material fraud for denaturalization. Courts can be a check on overreach if they follow this standard.

2. Advocacy

• Organizations must educate the public about denaturalization and provide resources to those affected.
• More free or low-cost legal services is key to a fair trial.

3. Community Support

• Immigrant communities and legal organizations can provide resources to those at risk and inform them of their rights.
• Public pressure on lawmakers can also move policy.

4. Legislation

• Congress can pass laws to limit denaturalization and protect naturalized citizens from overreach.

Denaturalization Deep Dive

Denaturalization, the process of revoking U.S. citizenship from naturalized citizens, has been rare. Between 1990 and 2017 an average of 11 cases were pursued annually. But under Trump, that number has skyrocketed with a big increase in government resources and the creation of new offices and initiatives. This guide explains the denaturalization process, the legal basis, recent developments and the implications for immigrants and the immigration system.

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What is Denaturalization?

Denaturalization is the legal process of revoking a naturalized U.S. citizen’s citizenship. This can happen if the government proves the individual was not eligible for naturalization at the time it was granted or obtained citizenship through fraud or misrepresentation.

Legal Standards

• Government must meet high burden of proof:
• Civil cases: Clear, convincing and unequivocal evidence.
• Criminal cases: Beyond a reasonable doubt.
• Denaturalization cases must go through federal court so there is judicial oversight.

Grounds for Denaturalization

Denaturalization is governed by specific sections of U.S. law that outline when citizenship can be revoked:

1. Illegal Procurement or Fraudulent Misrepresentation

• Statute: Immigration and Nationality Act (INA) § 340(a).
• Criteria:
• Citizenship was procured illegally or through concealment of a material fact, leading to the potential for citizenship annulled.
• Willful misrepresentation that affected the naturalization decision.
• Examples: Falsifying personal information, omitting past crimes or using false identities.

2. Naturalization Fraud Convictions

• Statute: 18 U.S.C. § 1425.
• Criteria:
• Convicted of procuring or attempting to procure naturalization contrary to the law.
• Examples: Submitting fake documents or bribing officials during the application process.

3. Wartime Military Service

• Statute: INA § 329(c).
• Criteria:
• Naturalization through wartime military service can be revoked if the individual is discharged under “other than honorable conditions” within five years.
• Example: Falsifying enlistment qualifications to get expedited citizenship.

4. Refusing to Testify Before Congress

• Statute: Proviso to INA § 340(a).
• Criteria:
• A Cold War-era provision allowing denaturalization for refusing to testify about alleged subversive activities before Congress.
• Example: Used historically against suspected communists.

Initiatives and Developments

1. Operation Janus

• Launched: 2010.
• Goal: Identify individuals who obtained citizenship or legal permanent residence under false identities or with prior deportation orders.
• Findings:
• A 2016 DHS OIG report found:
• 1,029 naturalized citizens with deportation orders under different identities.
• 315,000 missing fingerprint records for non-citizens with criminal convictions or final deportation orders.
• 148,000 old fingerprint cards not digitized or reviewed by ICE.

2. Operation Second Look

• Launched: 2016.
• Goal: Expanded naturalization case audits to find discrepancies or fraud.
• Results:
• Denaturalization referrals increased 600% between 2017 and 2020.

3. Denaturalization Section

• Created: February 2020.
• Location: Within the DOJ’s Office of Immigration Litigation.
• Mission:
• Prioritize and handle denaturalization cases.
• Investigate and litigate citizenship revocation.
• This is a big increase in denaturalization capacity.

Denaturalization Results

1. Current Numbers

• Despite all the focus and resources, the number of individuals denaturalized is still very small:
• USCIS was going to refer 1,600 cases to the DOJ for prosecution.
• Between 1990 and 2017, an average of 11 cases per year were pursued.

2. Systemic Issues

• Chilling Effect: The increased scrutiny may deter legal permanent residents from applying for citizenship, fearing retroactive investigations.
• Increased Delays: Diverting resources from application processing to investigations adds to an already overwhelmed immigration system.

3. Bigger Picture

• Advocates say these efforts create a climate of fear and mistrust in immigrant communities.
• Critics argue this is part of a broader effort to limit immigration and discourage naturalization applications.

The Denaturalization Process

1. Investigation

• USCIS or ICE finds fraud or misrepresentation in an individual’s naturalization process.
• Audits of old files (e.g. Janus and Second Look) often trigger investigations.

2. Referral

• Cases are referred to the DOJ Denaturalization Section for review and prosecution.

3. Filing

• DOJ files a civil or criminal case in federal court, stating the grounds for denaturalization.

4. Court Proceedings

• Individual can contest the government’s claims.
• The government must meet high burden of proof.

5. Result

• If denaturalization is granted, citizenship is revoked and the individual reverts to their prior immigration status (e.g. lawful permanent resident).
• If no other status applies, the individual may be deported.

Legal Protections and Obstacles to Denaturalization

Supreme Court Cases

• Maslenjak v. United States (2017): The Supreme Court held that small mistakes or irrelevant statements cannot be used to denaturalize unless they were material to the naturalization decision.

Evidence Standards

• Denaturalization requires clear and convincing evidence in civil cases or beyond a reasonable doubt in criminal cases. These high standards are a check against arbitrary or abuse of denaturalization power.

Denaturalization in Civil Cases: Grounds and Process

Denaturalization—the revocation of U.S. citizenship—can be pursued in civil cases if the government proves the individual was not eligible for naturalization at the time it was granted. This page explains the legal grounds for civil denaturalization, the process and the key factors that can lead to citizenship revocation.

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1. Grounds for Denaturalization in Civil Cases

A. Illegal Procurement or Concealment and Willful Misrepresentation

A naturalized citizen can be denaturalized if:

• Illegally Procured: The individual did not meet the legal requirements for naturalization.
• Obtained Through Concealment or Willful Misrepresentation: The individual knowingly made false statements or omitted material information to get naturalized.

These two often overlap as misrepresentation is often tied to illegally procured and invalid naturalization applications.

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2. Key Requirements for Naturalization and Problems

• Naturalization requires the applicant to be a lawful permanent resident (green card holder) at the time of application.
• Fraudulent LPR Status: If the underlying green card was obtained fraudulently (e.g. through a sham marriage or misrepresentation on a visa application), the citizenship derived from it can be revoked.
• Historical Examples: Cases under the Displaced Persons Act of 1948 involved individuals who concealed their participation in Nazi persecution. Even indirect involvement, such as being a concentration camp guard, could disqualify an individual from getting a visa and subsequently naturalization.

Example:
Joe immigrated as an unmarried child of a lawful permanent resident. But he was married before immigrating and didn’t disclose it. Since his marriage made him ineligible for his green card, Joe’s naturalization can be revoked.

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B. Continuous Residence

• Applicants must be present in the U.S. for five (or three) years before applying and until naturalization.
• Breaking Residency: Absences of one year or more break continuous residence. Absences of more than six months but less than a year may also break residency unless justified.
• False Claims: Making false statements about one’s residence or misrepresenting absences can lead to denaturalization.

Example:
An applicant lists their estranged spouse’s address as their own during the three-year marital period required for naturalization. If found out, this misrepresentation can be a ground for denaturalization.

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C. Physical Presence

• Applicants must be physically present in the U.S. for at least half of the five (or three) years before applying.
• Omissions: Failing to disclose trips abroad that exceed the allowed time can lead to denaturalization.

Example:
Lupe traveled to Mexico frequently but didn’t list absences that exceeded the allowed time. When these omissions were found out, her case was referred for denaturalization.

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D. Good Moral Character

• Applicants must show good moral character during the required period.
• Criminal History: Crimes committed before naturalization but not disclosed on the application can disqualify an individual from meeting this standard.
• Misconduct: Even minor misconduct, such as petty offenses or false testimony, can raise moral character issues.

Example:
An individual committed a crime before obtaining naturalization, but wasn’t arrested until after becoming a citizen. Their failure to disclose this crime during the application process can lead to denaturalization.

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E. Attachment to Constitutional Principles and Good Order

• Applicants must take an oath of allegiance to the Constitution and show they are “well disposed to the good order and happiness of the United States.”
• Cold War-Era Provision: INA § 340(c) assumes that joining certain organizations within five years of naturalization means lack of attachment to constitutional principles.

Example:
A naturalized citizen joins an organization hostile to the U.S. Constitution within five years of becoming a citizen. Unless there’s countervailing evidence, they can be denaturalized.

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3. The Denaturalization Process

1. Investigation

• U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE) finds potential fraud or ineligibility cases.
• Audits of old files or tips from other agencies trigger investigations.

2. Referral

• Cases are sent to the Department of Justice (DOJ), specifically the Denaturalization Section, for prosecution.

3. Filing a Case

• DOJ files a civil complaint in federal court, listing the reasons for denaturalization.

4. Proceedings

• The government must show clear, convincing and unequivocal evidence in civil cases.
• The individual has the right to defend their case in court.

5. Outcome

• If the government wins, citizenship is revoked and the individual goes back to their prior immigration status (e.g. lawful permanent resident).
• If no other status applies, the individual can be removed (deported).

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4. Key Considerations and Safeguards

Legal Protections

• The government has a high burden of proof to avoid denaturalization being arbitrary or political.
• Supreme Court cases like Maslenjak v. United States (2017) have held that only material misrepresentations or omissions can justify denaturalization.

Impacts on Immigrant Communities

• Fear and Mistrust: The threat of denaturalization creates anxiety among immigrants, may discourage eligible individuals from applying for citizenship.
• Resource Allocation: Investigating past cases may take resources away from processing new applications, further backlogging an already backlogged system.

Denaturalization: Concealment, Misrepresentation, and Other Grounds

Denaturalization, the process of revoking U.S. citizenship, has many legal grounds and processes. This guide covers concealment, willful misrepresentation, military service, Cold War-era provisions, and the denaturalization process, including defenses and court cases.

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I. Concealment and Willful Misrepresentation

Grounds for Revocation

Naturalization can be revoked if:

• Concealment of a Material Fact
• Willful Misrepresentation

The Supreme Court in U.S. v. Kungys said:

• Concealment must be willful, and misrepresentation must be of material facts.
• A fact is “material” if it has a “natural tendency” to mislead immigration officials, even if the concealed information wouldn’t necessarily have prevented naturalization.

Four Requirements

To revoke citizenship for concealment or misrepresentation the government must:

1. Willfulness: The individual knowingly hid or falsified information.
2. Concealment or Misrepresentation: False information or omissions during the naturalization process.
3. Materiality: The concealed or false fact was relevant to the applicant’s eligibility.
4. Intent to Procure Naturalization: The concealment or misrepresentation was to get citizenship.

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II. Examples of Concealment and Misrepresentation

• Criminal History: Claiming not to have committed crimes or omitting arrests.
• False Testimony: Giving false answers during the naturalization interview.
• Address Fraud: Claiming to live at an address that is not the applicant’s actual home.
• Failure to Take the Oath: In rare cases, not completing all steps of the naturalization process, including taking the citizenship oath, has led to revocation.

Court Precedent: If a question during the naturalization process was ambiguous and the applicant’s answer was reasonable, it can’t be fraud or concealment.

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III. Wartime Military Service

Under INA § 329(a), non-citizens can naturalize through military service during wartime. But citizenship can be revoked if:

• The individual is discharged “other than honorably” before completing five years of military service.

Constitutional Questions

• Critics argue that revoking citizenship based on post-naturalization military conduct violates constitutional protections, as the Fourteenth Amendment protects citizenship unless voluntarily relinquished.

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IV. Cold War-Era Provisions (§ 340(a) Proviso)

Naturalization can be revoked if, within 10 years of naturalization, an individual:

• Refuses to testify before Congress on “subversive activities.”
• Is convicted of contempt of Congress as a result.

This provision assumes the individual concealed material facts at the time of naturalization or didn’t have attachment to the Constitution. Though a relic of the Cold War, this provision is still on the books.

Constitutional Concerns

• The proviso’s assumption that future behavior means past concealment raises constitutional issues, including equal protection and due process concerns.

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V. Denaturalization Process

Step-by-Step Guide

1. Complaint Filing:

• Government files a complaint in U.S. district court, with supporting affidavits showing good cause.
• Jurisdiction is based on the defendant’s current residence.

2. Investigation and Recommendation:

• USCIS investigates and recommends denaturalization.
• U.S. Attorney’s Office prosecutes the case.

3. Burden of Proof:

• Government must prove its case by clear, unequivocal and convincing evidence.
• Courts must construe facts in favor of the naturalized citizen whenever possible.

Denaturalization Guidelines

• DOJ guidelines advise against revocation for minor errors or procedural irregularities unless there was fraud.
• Long standing good conduct after naturalization can weigh against revocation.

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VI. Criminal Revocation of Citizenship

Statutory Basis

18 U.S.C. § 1425 requires courts to revoke citizenship when an individual is convicted of:

• Knowingly and unlawfully procuring naturalization.
• Producing false documents related to naturalization.

Burden of Proof

• In criminal cases, government must prove fraud beyond a reasonable doubt.
• Revocation is automatic upon conviction, no notice or hearing required.

Materiality Standard

• The false statement must have “played a role” in naturalization.
• Citizenship can’t be revoked for immaterial falsehoods unrelated to eligibility.

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VII. Defenses Against Denaturalization

A. Eligibility for Citizenship

• If the individual can prove they would have been eligible for citizenship, denaturalization can’t proceed.
• Example: In Maslenjak v. U.S., the Supreme Court held that eligibility for citizenship is a complete defense even if fraud occurred during the process.

B. Factual Challenges

• Defendants can rebut government allegations by presenting evidence that challenges the facts of the case:
• Example: In a pre-WWII case, a court held that an individual who lived abroad temporarily successfully proved they intended to remain a U.S. resident and thus defeated denaturalization.

C. Procedural Errors

• Cases have been dismissed where the government failed to authenticate evidence as required by federal rules.

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VIII. Broader Impact

Chilling Effect

Denaturalization could discourage eligible immigrants from applying for citizenship, fearing retroactive review of their applications.

Due Process

• Courts stress the importance of fairness and caution in denaturalization cases, given the value of U.S. citizenship.

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Materiality

What is Materiality

• Materiality looks at whether the concealed or misrepresented fact had a “natural tendency” to affect the decision of the immigration official.
• Supreme Court Precedent: In Kungys v. United States, the Court held that a misrepresentation or omission must meet this standard to warrant revocation of citizenship.

Principles

1. The information doesn’t have to have disqualified the applicant from naturalization; it just has to be relevant enough to have influenced the decision.
2. Materiality is only required for cases of concealment or misrepresentation, not for illegal procurement of citizenship.

II. Legal Standards for Proving Materiality

1. Causative Connection

The government must prove that the misrepresentation or concealment either:

• Directly disqualified the individual, or
• Would have triggered an investigation that would have uncovered disqualifying facts.

Example: In Maslenjak v. United States, the Supreme Court held that the misrepresentation must have caused the individual to acquire citizenship. The Court said:

• If the misrepresented fact was itself disqualifying, the link to naturalization is obvious.
• If not disqualifying, the government must show that discovery would have revealed other disqualifications.

2. Burden of Proof

• Clear, unequivocal and convincing evidence.
• Courts require a lot of evidence to take away citizenship, given the value of citizenship rights.

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III. Court Decisions on Materiality

Important Cases

1. Kungys v. United States

• Misrepresentations about date and place of birth were immaterial because they were irrelevant.

2. Maslenjak v. United States

• False statements about a spouse’s military service were evaluated for relevance to the eligibility criteria.

3. Chaunt v. United States

• Failure to disclose old arrests for minor offenses was immaterial because the arrests were not for moral turpitude or eligibility.

Rejected Defenses

• Courts have rejected arguments that certain arrests or misstatements were immaterial if they would have closed off lines of inquiry that would have revealed disqualifying information.

IV. Defenses to Materiality

1. Eligibility

• Example: In Maslenjak, the Court said showing eligibility at the time of naturalization can prevent revocation.

2. Ambiguous Questions

• If a naturalization question is ambiguous, courts may find the applicant’s answer was not intentionally misleading.
• Example: In Nowak and Maisenberg, the Supreme Court held that questions about “anarchy” were too vague to require disclosure of Communist Party membership.

3. Truthful Despite Misinterpretation

• The applicant can argue their answer was truthful based on a reasonable interpretation of the question.
• Example: In U.S. v. Profaci, the Second Circuit held that the question “Have you ever been arrested?” could be reasonably interpreted to only apply to U.S. arrests.

V. Procedural Defenses

1. High Burden of Proof

• The government must show clear and convincing evidence that the misrepresentation was material to the naturalization.
• Courts are cautious when taking away citizenship long after it was given.

2. Statute of Limitations

• Courts have held there is no statute of limitations on denaturalization.

3. Procedural Errors

• Procedural errors, such as failure to give notice of denaturalization, can be grounds for dismissal.
• Example: In U.S. v. Ataya, the conviction underlying denaturalization was vacated due to procedural errors.

VI. Equal Protection and Materiality

Equal Protection Claims

• Naturalized citizens have argued that treating them differently from native-born citizens violates the Fifth Amendment’s Equal Protection Clause.
• Courts have held denaturalization statutes are constitutional, distinguishing between citizenship rights and fraud.

Important Cases

1. Schneider v. Rusk

• The Supreme Court struck down a statute that discriminated against naturalized citizens living abroad, saying native-born and naturalized citizens are equal.

2. Current Law

• While naturalized citizens can be treated differently for fraud-related revocations, it must be rational.

VII. Practical Considerations

1. Consequences of Misrepresentation

• Misrepresentation, even if immaterial to eligibility, can raise moral character issues and impact future immigration applications.
• Example: False statements in other contexts can still create doubt about honesty during naturalization.

2. Chilling Effect

• Fear of retroactive review and denaturalization may deter eligible immigrants from becoming citizens even if their applications are truthful.

3. Long-Term Consequences

• Denaturalization proceedings show the importance of transparency and accuracy in naturalization applications to avoid problems later.

Equitable Discretion, Administrative Denaturalization and Derivatives

This guide covers denaturalization, including limits of judicial discretion, administrative denaturalization, consequences of losing citizenship and derivatives such as children and spouses.

I. Equitable Discretion in Denaturalization

Courts Cannot Exercise Discretion to Refuse Denaturalization

• The Supreme Court has said naturalization is a privilege, not a right. Courts have no “equitable discretion” to deny denaturalization if the statutory requirements were not met.
• Case: Fedorenko v. United States held denaturalization is mandatory if citizenship was obtained by illegal procurement or willful misrepresentation of material facts.

Government Negligence Is Not a Defense

• Applicants can’t argue the government’s failure to catch errors during the naturalization process wipes out grounds for denaturalization.
• Example: In U.S. v. Benavides, defenses like government negligence or comparative negligence were deemed irrelevant in denaturalization.

II. Administrative Denaturalization Enjoined

Limited Administrative Authority

• INA § 340(h) used to allow the Attorney General to administratively revoke naturalization but that power has been curtailed:
• Administrative revocation of naturalization is no longer allowed.
• Only federal courts can revoke citizenship through judicial proceedings.
• Administrative agencies like USCIS can cancel naturalization certificates if they were fraudulently issued but can’t strip individuals of citizenship.

Important Case: Xia v. Tillerson

• In this case, Chinese nationals challenged the administrative cancellation of their naturalization certificates.
• The court held:
• Canceling a naturalization certificate does not revoke the underlying citizenship.
• If citizenship is in question, the government must initiate judicial proceedings under INA § 1451.

III. Consequences of Denaturalization

Relation-Back Doctrine

• Revocation of citizenship is retroactive, as if the person was never naturalized.
• The individual reverts back to their pre-naturalization immigration status (e.g., LPR or undocumented).

Criminal Consequences

• Crimes committed after naturalization can’t be used as grounds for deportation once citizenship is revoked.
• Supreme Court Ruling: The relation-back doctrine doesn’t apply to post-naturalization crimes.

IV. Derivatives

Derivatives Defined

• Derivatives are individuals who claim citizenship through a parent or spouse, usually children born abroad or spouses of citizens.

Rules

1. Concealment or Misrepresentation

• If a parent or spouse loses citizenship for these reasons, derivative citizens lose theirs too, wherever they are.
• Example: If a parent lied about prior convictions to get citizenship, the child’s derivative citizenship is also revoked.

2. Illegal Procurement

• Derivatives don’t lose citizenship if the parent or spouse’s citizenship is revoked for illegal procurement.
• Example: A parent’s invalid marriage might void their citizenship but wouldn’t affect the child’s status.

3. Other grounds (e.g. military service or subversive activities)

• Derivatives lose citizenship only if they are outside the U.S. at the time of the parent’s denaturalization.

Examples of Derivative Outcomes

• Military Service: If a parent gets citizenship through military service but is dishonorably discharged, children outside the U.S. lose their citizenship. Children in the U.S. keep theirs.
• Misrepresentation: If a parent lied on the application, derivatives lose citizenship wherever they are.

V. Derivative Citizenship Rules Summary

Grounds for Revocation

 

Grounds for Revocation	Living in the U.S.?	Living Outside the U.S.?
Illegal Procurement	No loss of status	No loss of status
Concealment or Misrepresentation	Citizenship revoked	Citizenship revoked
Other Grounds (Military/Subversive Acts)	Retains citizenship	Citizenship revoked

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VI. Practical Considerations

Protecting Citizenship

• Naturalized citizens should be honest in their applications and aware of the consequences of their actions before and after naturalization.

Impact on Family Members

• Derivatives should monitor any legal challenges involving the principal applicant as the outcome may affect their status.

Administrative Errors

• Administrative errors in issuing certificates may require judicial resolution to determine the status of the affected individuals.

United States v. Farhane: A Denaturalization Case

The case of United States v. Abdulrahman Farhane is an important case related to denaturalization issue. This article breaks down the key events and implications of this big legal battle that affects naturalized citizens.

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Background: Farhane’s Story

• Who is Abdulrahman Farhane?
• Moroccan-born, naturalized Muslim American living in Brooklyn.
• Built a life in the U.S. over 30 years, with two American-born kids.
• The Guilty Plea
• In 2006, Farhane pleaded guilty to federal charges, his lawyer advised him to do so.
• He served 11 years in prison, good time, and got out early.
• The Denaturalization Threat
• After his release, the Department of Justice (DOJ) started to pursue his U.S. citizenship revocation.
• If successful, Farhane would be deported and his children’s derivative citizenship would be revoked.

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Legal Issues: Effective Counsel

• Ineffective Assistance of Counsel
• Farhane’s original lawyer didn’t tell him about the denaturalization consequences of his guilty plea.
• The omission is the basis of Farhane’s motion to vacate his plea.
• The Creating Law Enforcement Accountability & Responsibility (CLEAR) Project at CUNY Law, along with Wilmer Hale, represents Farhane.
• They argued that the failure to advise Farhane violated his Sixth Amendment right to effective counsel.

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Court Proceedings: Timeline

Initial Proceedings

• 2019-2020: Farhane filed a 28 U.S.C. § 2255 motion to vacate his guilty plea.
• The district court denied the motion in March 2020.
• October 2024: The en banc court reversed the district court’s decision.
• Holding: Naturalized citizens must be advised of denaturalization and deportation consequences at the time of guilty plea.

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What it means

For Naturalized Citizens

• Legal counsel must inform defendants of immigration consequences of guilty pleas.
• Stronger defense against retroactive denaturalization.

For Immigration Law

• Trump administration’s effort to expand denaturalization beyond war criminals and Nazis to Muslim Americans and other groups.
• Educates on due process for naturalized citizens facing legal trouble.

For Farhane and His Family

• Farhane keeps his citizenship and his children keep their citizenship.
• Big win for advocates and immigrant rights groups.

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https://immpolicytracking.org/media/documents/ACLU_Fact_Sheet_on_Denaturalization.pdf

 

 

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USCIS Updates Guidelines on Custody for Children Acquiring U.S. Citizenship

Retroactive Custody Orders and Private Custody Agreements Now RecognizedOrders Now Recognized

On November 19, 2024, U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance to clarify the requirements for determining legal and physical custody of children acquiring U.S. citizenship.

This policy guidance impacts citizenship claims under:

• INA Section 320: Automatic acquisition of citizenship for children born outside the U.S. who meet specific requirements.
• INA Section 322: Naturalization of children residing outside the U.S.
• Former INA Section 321: Derivation of citizenship for children under pre-2000 laws.

To qualify for citizenship under INA Sections 320 or 322, or derivation under former INA 321, a child must generally:

1. Reside in the legal custody of their U.S. citizen parent.
2. Reside in the physical custody of their U.S. citizen parent.

These custody requirements involve complex legal interpretations that depend on:

• Judicial decrees,
• Jurisdictional laws, and
• Parental agreements following divorce or legal separation

Key Updates at a Glance

1. Expanded Legal Custody Guidance

• Definition of Legal Custody: USCIS provides clarity on how legal custody is determined when a U.S. citizen parent has uncontested custody of a child.
• Retroactive Custody Orders: Nunc pro tunc (retroactive) corrections of custody orders are now recognized, allowing previous custody arrangements to meet legal custody requirements.
• Private Custody Agreements: USCIS will now evaluate and potentially recognize private custody agreements when determining legal custody.
• No Judicial Custody Decision: When no court has determined legal custody, USCIS will consider a U.S. citizen parent to have legal custody if:
  • The parent has uncontested custody, and
  • Local jurisdiction laws do not explicitly assign custody to either parent.

2. Clarifications on Physical Custody

• Definition of Physical Custody: A U.S. citizen parent is considered to have physical custody if the child lives or resides with the parent.
• Residence Requirement: Physical custody is based on the child’s actual living arrangement, ensuring that the parent and child maintain a shared household.

3. Guidance on Pre-2000 Citizenship Derivation (Former INA Section 321)

• USCIS provides detailed requirements for citizenship derivation cases under former INA section 321.
• Expanded guidance includes:
  • Clear criteria for meeting legal custody requirements before the Child Citizenship Act of 2000.
  • Steps to evaluate derivation claims in historical cases.

4. Oath of Allegiance Requirement

• USCIS emphasizes that no Certificate of Citizenship will be issued unless:
  • The applicant takes the Oath of Allegiance, or
  • The applicant qualifies for an Oath of Allegiance waiver.

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Why These Updates Matter

These changes are designed to improve the fairness, clarity, and consistency of decisions regarding citizenship claims. By addressing specific custody scenarios, the updates aim to reduce confusion for applicants and streamline the adjudication process.

Impact Highlights:

• Consistency Across Cases: Standardized guidance ensures equal treatment of applicants in similar circumstances.
• Improved Understanding for Families: Parents and legal guardians gain a clearer understanding of how USCIS determines custody.
• Support for Historical Cases: Applicants with derivation claims predating the Child Citizenship Act of 2000 benefit from clarified requirements.

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Effective Date

These updates are effective immediately and apply to all applications pending on or after November 19, 2024.

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These updates apply to cases under section 320 and section 322 of the Immigration and Nationality Act (INA) and expand existing guidance on citizenship derivation under former INA section 321, which was effective before the enactment of the Child Citizenship Act of 2000.

This updated policy aims to ensure consistent and fair adjudications of citizenship claims while addressing legal custody, physical custody, and associated requirements.

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Supporting Executive Order Goals

This policy update aligns with Executive Order 14012:

• Restoring trust in the legal immigration system.
• Removing barriers to naturalization and citizenship.
• Strengthening integration efforts for new Americans.

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How to Learn More

For detailed information:

• Policy Manual: Refer to Volume 12, Part H of the USCIS Policy Manual.
• Policy Alert: Review the Policy Alert PDF (215.57 KB).

The updates address challenges families face in proving custody for citizenship purposes. They aim to:

• Ensure fairness by standardizing how USCIS evaluates custody arrangements.
• Reduce confusion about legal definitions of custody across jurisdictions.
• Facilitate the naturalization or citizenship process for eligible children by recognizing valid but less formal custody arrangements.

DHS Supplements H-2B Cap 2025

On December 15, 2024, the Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), has announced plans to issue an additional 64,716 H-2B temporary nonagricultural worker visas for the Fiscal Year (FY) 2025. This supplement is in addition to the congressionally mandated 66,000 H-2B visas issued annually and matches the supplemental numbers from FY 2024.

This step aims to address labor shortages in seasonal industries, strengthen worker protections, and reduce irregular migration into the United States. Employers must prioritize hiring American workers before seeking foreign labor due to worker shortages in various industries. Additionally, half allocation reserved for the second half of the fiscal year will address peak seasonal labor demands. Here’s a breakdown of the key information and what it means for businesses and workers:

Introduction to the H-2B Visa Program

The H-2B visa program is a vital component of the United States’ immigration system, allowing American businesses to hire foreign nationals for temporary, non-agricultural work. This program is designed to address labor shortages in various industries, ensuring that employers can meet their workforce needs and maintain a competitive edge in the global market. By providing a legal pathway for hiring temporary foreign workers, the H-2B visa program supports American businesses in sectors such as hospitality, tourism, landscaping, and seafood processing, which are often hit hardest by seasonal labor shortages.

What is the H-2B Visa Program?

The H-2B visa program is a non-immigrant visa program that permits U.S. employers to hire foreign workers for temporary, non-agricultural labor or services. Administered by the Department of Homeland Security (DHS) and the Department of Labor (DOL), the program requires employers to demonstrate that there are not enough U.S. workers available, willing, and qualified to perform the temporary work. This ensures that the employment of foreign workers does not negatively impact the job opportunities, wages, or working conditions of U.S. workers.

Understanding the H-2B Visa Program for Seasonal and Temporary Workers

The H-2B visa program allows U.S. employers to hire foreign seasonal and temporary workers for temporary nonagricultural jobs under specific conditions:

• Types of work: Seasonal, peakload, one-time, or intermittent needs.
• Eligible industries: Hospitality, tourism, landscaping, seafood processing, and others facing labor shortages.
• Employer requirements:
• Demonstrate efforts to recruit U.S. workers first.
• Ensure the employment of H-2B workers does not negatively affect wages or conditions for U.S. workers.

Key Highlights of the FY 2025 Supplemental Visa Allocation

1. Additional 64,716 Visas

• This allocation represents the maximum permitted by Congress for FY 2025.
• The DHS has consistently provided supplemental H-2B visas in previous years, from FY 2017 through FY 2024, under temporary statutory authority.

2. Distribution of Supplemental Visas

• 20,000 visas reserved for workers from the following countries:
  • Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
• 44,716 visas allocated for returning workers, defined as:
  • Those who held H-2B visas or were granted H-2B status during one of the last three fiscal years.
• Visas will be distributed across the fiscal year:
  • First half: To address immediate needs.
  • Second half: Includes a reserve for peak summer demand.

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Eligibility and Application Process

To participate in the H-2B visa program, employers must meet specific eligibility requirements and follow a multi-step application process. First, employers must test the U.S. labor market by advertising job openings to U.S. workers and documenting their recruitment efforts. If they can prove a shortage of willing, qualified, and available U.S. workers, they can then obtain certification from the DOL. This certification confirms that hiring foreign workers will not harm existing U.S. workers’ wages or working conditions. Finally, employers must submit an H-2B petition through U.S. Citizenship and Immigration Services (USCIS) to bring in foreign workers.

Protecting Workers and Ensuring Compliance

Both DHS and DOL prioritize safeguarding the rights of both U.S. and foreign workers under the H-2B program by implementing robust measures to address labor shortages for seasonal businesses that struggle to find enough temporary employees:

• Recruitment safeguards:
• Employers must actively seek U.S. workers before hiring foreign labor.
• Certification from DOL confirms a lack of available and qualified U.S. workers.
• Worker protections:
• Prevent exploitation of H-2B workers.
• Strict regulations to ensure wages and conditions for U.S. workers are not adversely impacted.
• Enforcement:
• Employers who fail to comply face penalties and potential bans from the program.

DHS Statement on Economic Growth

Secretary of Homeland Security Alejandro N. Mayorkas emphasized the program’s role in strengthening the U.S. economy by:

• Supporting businesses facing seasonal labor shortages.
• Helping stabilize consumer prices.
• Enhancing worker protections and discouraging irregular migration.

Statements from Others

On November 15, 2024, Rosanna Maietta, President and CEO of the American Hotel & Lodging Association (AHLA), responded to the Department of Homeland Security’s (DHS) decision to release 64,716 supplemental H-2B temporary nonagricultural worker visas for the 2025 fiscal year. These visas are critical to supporting labor shortages in the hospitality industry and other seasonal sectors.

“AHLA applauds DHS for announcing this important, sizeable increase in the number of H-2B visas, which will make it easier for small business hoteliers to access the seasonal workers they need,” said AHLA President & CEO Rosanna Maietta. “As chair of the H-2B Workforce Coalition, we welcome this decision, while urging Congress to step in and create a more predictable system based on the need for workers instead of the arbitrary, outdated H-2B visa caps in place today. We look forward to working with members of Congress to achieve just that.”

On December 15, 2024, U.S. Senators Susan Collins and Angus King stated:

“The release of over 64,000 additional H-2B visas is a welcome relief for small businesses throughout Maine that continue to face a shortage of employees.“These visas are a lifeline for our state’s economy, helping businesses meet the increasing demand for their products and services, especially as we enter the winter tourism season.”

Congresswoman Chellie Pingree (D-Maine) welcomed news from the Biden-Harris Administration that the Department of Homeland Security (DHS) and Department of Labor (DOL) will double the number of available H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2025 to nearly 131,000.

“H-2B visas are essential for seasonal businesses that depend on temporary workers, including many here in Maine— hotels, ski resorts, seafood processors, restaurants, and other industries across the country,” said Pingree. “When these businesses have certainty and stability, Maine communities and our economy thrive. Common sense immigration policies like the H-2B visa program help address the workforce shortages that small businesses in Maine continue to face. These seasonal worker visas have strong bipartisan support in Congress, and as a leader on the House Appropriations Committee, I’m proud to spearhead efforts to expand and improve the H-2B program.”

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Benefits of the Increased Cap

The increased H-2B visa cap for Fiscal Year 2025 is expected to have a positive impact on American businesses and the U.S. economy. By allowing more foreign workers to enter the country, the increased cap will help address labor shortages in key industries, support small businesses and seasonal employers, and boost economic growth and competitiveness in the United States. This move demonstrates the U.S. government’s commitment to supporting American businesses and ensuring they have the workforce needed to thrive.

Supporting Small Businesses and the U.S. Economy

The increased cap will provide relief to small businesses and seasonal employers who rely heavily on temporary foreign workers to meet their labor needs. By allowing more foreign workers to enter the country, the increased cap will help to:

1. Address labor shortages in key industries, such as hospitality, tourism, and landscaping.
2. Support small businesses and seasonal employers who cannot find enough U.S. workers to fill temporary positions.
3. Boost economic growth and competitiveness in the United States.
4. Provide opportunities for foreign workers to earn higher wages and contribute to their home economies.

By increasing the H-2B visa cap, the U.S. government is demonstrating its commitment to supporting American businesses and addressing labor shortages in key industries. The increased cap will provide relief to small businesses and seasonal employers, while also promoting economic growth and competitiveness in the United States.

How Employers Can Apply

Employers seeking to hire H-2B workers must follow a series of steps:

1. Test the U.S. labor market:
   • Advertise job openings to U.S. workers.
   • Document recruitment efforts and outcomes.
2. Obtain certification from DOL:
   • Prove a shortage of willing, qualified, and available U.S. workers.
   • Ensure that hiring foreign workers will not harm existing U.S. workers’ wages or working conditions.
3. Submit an H-2B petition:
   • Apply through U.S. Citizenship and Immigration Services (USCIS) to bring in foreign workers.

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Limitations and Conditions

• The maximum stay under H-2B classification is three years.
• After reaching this limit, workers must:
  • Leave the U.S. for at least three uninterrupted months before reapplying.
• Employers must ensure all filings are compliant with current regulations to avoid delays or penalties.

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What’s Next?

• A temporary final rule outlining further details, eligibility, and filing requirements will be published soon.
• Updated information will be made available on the USCIS website.

This expanded visa allocation of visas for fiscal year through FY 2025 provides a critical lifeline for U.S. businesses facing labor shortages, while balancing protections for U.S. and foreign workers alike. By addressing these challenges, the DHS aims to promote economic growth and reduce irregular migration effectively.

H2B RESOURCES

• Paperwork Reduction Act: H-2 Petitioner’s Employment Related or Fee Related Notification
• Guidance on “Temporary Need” in H-2B Petitions
• Cap Count for H-2B Nonimmigrants
• H-2B Petitioners Must Include Temporary Labor Certification Final Determination with Form I-129
• Calculating Interrupted Stays for the H-2 Classifications
• Reminder: Certain Fees May Not Be Collected From H-2A and H-2B Workers

Trump’s Mass Detention and Deportation

President-Elect Trump’s plan to deport millions of undocumented immigrants is one of the most massive and divisive initiatives in modern U.S. history. While his plan will appeal to a big chunk of his base it raises serious practical, economic and humanitarian concerns. The potential for legal challenges, public backlash and unintended consequences will test the institutions of the country and the nation’s commitment to human rights, justice and equality. The next few years will decide if these policies will redefine the country and at what cost.

Trump’s deportation plan is not a policy, it’s a recipe for chaos, cruelty and authoritarianism. By looking at the historical context and consequences we can see the dangers of repeating these mistakes. Now more than ever we must reject policies that dehumanize and divide and reaffirm our commitment to justice, dignity and humanity for all.

Immigrant Safety and Emergency Plan: What Can I Do to Protect Myself and My Family?

By taking these steps, immigrant families will be better prepared to face any emergency. Prepare now and you and your loved ones will be ready.

The Herman Legal Group has been defending and protecting immigrant families for nearly 30 years. We are ready to help you.

December 2024 Visa Bulletin and Predictions

The U.S. immigration system and immigration services can be complex, but with the right information and resources you can make informed decisions about your green card application and filing chart. The Visa Bulletin is a key tool in this process, showing wait times and priority final action dates for each category. By staying informed and proactive you can increase your chances of a successful and timely green card application.

Herman Legal Group will be tracking Visa Bulletin changes.

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