Law firm says USCIS issuing RFEs to H-4 EAD applicants who left the US after filing
Key points
- Law firm says USCIS is issuing RFEs on initial H-4 EAD applications
- USCIS questions H-4 status of applicants who left the US after filing and did not return
- The firm says one RFE came over fifteen months after filing, and earlier guidance allowed travel while pending
Law firm Reddy Neumann Brown says it is seeing Requests for Evidence on initial H-4 EAD applications. USCIS records show some applicants left the US after filing and did not return, so H-4 status is not shown and work authorization cannot be approved. The firm gives one example: an applicant filed in July 2025 and departed two weeks later, and USCIS took over fifteen months to issue the notice. The firm says earlier USCIS H-4 EAD guidance said applicants could travel while applications were pending.
What employers should do
- Advise H-4 EAD applicants to consult counsel before traveling while an application is pending
- Track and respond promptly to any RFE on an H-4 EAD application
Policy details
- Jurisdiction
- Federal
- Status
- Enforcement action
- Effective date
- —
- Official source
- Official source pending
Original report: Reddy Neumann Brown PC ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.