H4 EAD Rule Removal and Lawsuit Updates - Latest News

H4 Visa EAD 2019 News – Lawsuit Status, Trump Administration Actions

In H4 Visa by SaurabhUpdated : 2884 Comments

H4 EAD News Update Today : Oct 15th, 2019 (11:30 AM EST).  No new update since the court oral argument last month. We are waiting for the court judgment. 

We have divided topics and summarised the latest updates on the top for easy review. If you need to additional details, check history, background, predictions and detail updates, scroll down and review timeline for all updates, opinions, FAQs.

Most recent H4 EAD News Updates, Summary 

Below is the most recent H4 EAD News on various fronts

  • General H4 EAD News   :

    • Oct 15th, 2019 : No general H4 EAD news in October Yet. There were no general H4 updates in September. Below are some general updates from previous months.  
    • H4 EAD Processing time Delays Lawsuits : As of early August 2019, there were multiple H4 EAD delays lawsuits filed by many individuals stating that H4 EAD adjudication delays with New H4 Biometrics Process is causing hardships for them due to the USCIS delays. Most of them using firm RN Law Group.  The very first filed on June 6th, 2019. You can check out the Summary of H4 EAD Processing Delays Lawsuit.
    • H4 EAD Protection act Bill re-introduced : Rep Eshoo re-introduced H4 EAD protection act bill in House in May, and it is in sub-committee for review as of June 2019. All details at H4 EAD Employee Protection act Reintroduced 2019.   
  •  
  • H4 EAD Rule Removal – Rule-making Process  :

    • October 15th, 2019 : No new update in H4 EAD rule removal yet in October, it is still in the same state as before, pending with USCIS. There was nothing in September as well.
      •  Previous update, include a document tied to the May 1st meeting was posted on the OMB meetings page for the rule.  All it tells is that H4 removal will impact many and should not be removed. It is by few advocacy groups. See below.  They have the H4 rule in pending state for a very long time, they only cleared H1B Registration Fee rule few weeks back in August.
    • H4 EAD Rule Removal Status – OMB : On June 20th, H4 EAD rule removal hit 90 + 30 days, which is general timeline, but nothing came out. One key thing is that, if the head of the rulemaking agency wants, the review period can be extended indefinitely and there is no timeline. See below screenshot. Check EO 12866 FAQs.   Check below timeline for more history. EO 12866 OMB Rule Review - How long can they take
    • ( Unofficial – June  20,2019 ) There was a tweet by one of the attorney’s attending AILA Annual conference saying that the economic analysis was wrong and Govt is trying to fix that and there is no estimated time on the same. You can check tweet 
  • H4 EAD Lawsuit in Court:

    • October 15th, 2019 :  No New update yet on the court decision. We are waiting for the Court opinion/ Judgment.  There is no SLA as such, we need to wait, can be few weeks or couple of months. 
    • September 27th, 2019 :  Court had oral argument on time. It lasted about 45 min or so. We have compiled the entire key points of the argument. Read H4 EAD Lawsuit – Oral Argument Summary, Next steps. 
    • September 25th, 2019 :  Court has given the final schedule and timing for each of the parties int he Oral argument. Each of the parties get 15 minutes. DHS 15 min and Save Jobs 15 minutes to present their argument. This will be the first oral argument of the day. They changed the order, if you see previous update, it was the second one. See below from court website. Court Argument Time and Date - Save Jobs USA - DHS
    • September 20th, 2019 :  DHS and Save Jobs submitted two documents.
      • Initially, DHS Submitted a document that references a case called “Humane Society II”, where the current Appeals court rejected the case as lacking standing. DHS basically looked at previous cases and picked up something that the current Appeals court dismissed and referenced the same so that the oral argument would be in their favor.  See below screenshot. DHS Argument Sep 20 - Court Update - Standing Document
      • Save Jobs submitted response to the DHS claim indicating they did share clearly the injury details in the past and does not find any relation with the Humane Society case, also DHS did not mention about this case details in the past and are inventing these now…See below screenshot.
      • We need to see how the court will consider the new case details that DHS is comparing to and how Save Jobs has responded to the same. Save Jobs Sep 2019 Document - Standing Info
    • September 18th, 2019 : Court issued an order in the evening  that the oral argument would go on as planned before on Sep 27th, 2019. No changes to the plan. They say that the argument will be limited to issue of standing. Basically, what they are trying to say is that they will look at Save Jobs USA’s key argument point, why they came to US appeals court, as district court said Save Jobs lacks standing,  rather than current H4 EAD rule revocation in progress.  You can read the actual Save Jobs Argument brief summary submitted in Jan 2019. See below the Standing Point from Summary Judgement of District Court from 2016 and current court order :Save Jobs - Case Standing Info for Oral Argument on Sep 27H4 EAD Oral Argument to be conducted Sep 27-2019 Court order
    • September 16th, 2019 : DHS, Save Jobs USA and Immigration Voice submitted documents to court for the recent order issued by Court on Sep 11th.  Below is the summary
      • DHS says, it is still working on the rule and going through the regulatory process. Their earliest planned date to publish is Spring 2020 and they say the oral argument should be removed.  See below. DHS Response to Court Order in Sep 2019
      • Immigration Voice says, the oral argument must be removed as well as it will be waste of court time and resources as the case is not ripe for oral argument and also that Save Jobs could not demonstrate potential harm due to the H4 holders working, so no point in oral argument now.  See below. Intervenor - ImmigrationVoice Response to Court Order in September - 2019
      • Save Jobs USA says, The oral argument should proceed as planned as DHS gave multiple assurances that H4 Rule would be removed, but nothing really happend. They wasted 2 years of time, they were granted multiple chances to remove the rule, but no concrete action was taken. There has been years of delay and taking this off the oral argument will hurt the American workers. Also, they are questioning the DHS authority, if they could issue the rule or not, so should proceed. Save Jobs also believes that even if they proceed with H4 EAD rule removal, there are many, trying to challenge that in lawsuit, so it has a difficult path, so oral argument should be held now.  See below. Save Jobs Response to Court Order - Sept 2019
      • You can check the actual court documents on our H4 EAD Lawsuit Court Documents Page 
    • Updates Before Sep 16th, 2019 : You can scroll down below for previous updates in order by dates before. 

Check full detailed updates in below timeline.  Scroll down bottom for latest H4 EAD news update. Join WhatsApp Group 7 (Full: Group 6Group 5 , Group 4Group 3Group 1, Group 2 ), Telegram, Facebook and Community Forum to discuss, ask, share.

This article covers below aspects:

  • Background to H4 EAD Rule
  • What’s H4 EAD Lawsuit filed in court ?
  • H4 EAD and Trump Administration actions history timeline by date from 2017 to today, Latest News, Lawsuit updates
  • H4 EAD Revocation common FAQs – validity, can you apply, future applications, etc.
  • H4 EAD Rule Revocation Impact Analysis and current state Summary
  • User Comments – Heated discussions

You may check out our short video on  Entire H4 EAD History from 2015 to 2018.

Background of H4 visa EAD Rule :

For many years, since the H4 visa program inception, H-4 holders have not been provided with any work authorization. This changed on May 26, 2015 when USCIS passed the Employment Authorization for Certain H-4 Dependent Spouses rule. The H4 visa dependent spouses were eligible for work authorization EAD provided the H-1B spouse satisfies one of the below two:

  • Have an approved I-140, which is the immigration petition for foreign citizens to get Green Card or Permanent Residency in USA.
  • Have H1B visa status extended beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending.

Soon after the H4 Visa EAD Rule was enacted, two things happened:
1. Thousands of H-4 spouses applied for H4 visa EAD  ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home.
2. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. More details on H4 EAD Lawsuit.

What’s the H4 EAD Lawsuit ?

‘Save Jobs USA’ (an organization comprised of IT workers who claim they lost their jobs to H-1B workers) filed its lawsuit against Department of Homeland Security (DHS) on April 23, 2015 before the rule was about to go live. The lawsuit was initially dismissed by a Federal district court in September 2016 (check references below ) as “Save Jobs USA” could not defend their lawsuit that H4 EAD holders will impact them. The plaintiffs, who is ‘Save Jobs USA’, filed an appeal to the United States Court of Appeal for the DC Circuit. The plaintiffs, claim two things:
1. The new rule has no protections for US workers and increases the pool of workers looking for jobs
2. DHS never had the authority to grant EADs to H-4 visa holders.

H4 EAD & Trump Administration Timeline, Latest News :  

Since President Trump’s administration took office, there has been lot of speculation and rumors about what will happen to H-4 visa EAD rule. Below is the timeline of what has happened since President Trump took oath:

  • February 2, 2017 : The Trump administration requested ( filed a motion) a 60 day abeyance  (state of temporary inactivity ) to consider the issue and submit their brief ( response to consider the case).
  •  April 3, 2017 : The administration asked ( filed a new motion) for additional 180 day abeyance(state of temporary inactivity ) before they can provide their opinion. The Trump administration will update court every 60 days on the issue and update court before elapse of 180 days.
  • June 23, 2017 : The appeals court granted a stay on Jun 23rd, 2017 and asked both the parties, SAVE Jobs USA and DHS to file further motions on how they would like to proceed with the case by Sep 27, 2017.
  • September 20, 2017 :  SAVE Jobs USA has filed its motion stating that DHS has not taken any action and no publication of rule has been done in Federal register related to the H4 EAD rule and they requested for oral argument to conclude the case. They continue to tell that the delay would hurt american workers and new litigation would begin again.
  • September 27, 2017 :  DHS ( Trump administration)  filed a motion and requested the appeals court to hold the current H4 EAD case again in abeyance( which basically means hold on temporarily in suspension ), until December 31,2017.  The whole reason DHS have asked for this extension is to ensure that DHS and administration align their entire approach to implement Trump Executive Order 13788 on Buy American Hire American  and consider how to handle the H4 EAD rule as part of  overall view. For source, you will need PACER Login to view the entire document on court’s website.  Below is a screenshot of the actual info. H4-EAD-Lawsuit--Update-Extended-till-Dec-31-2017
  • November  17, 2017 :  There was a new request to extend the deadline, but court has denied the extension and has asked to continue and proceed and file their motions by January 2nd, 2018.  See belowH4 EAD News Update - 2017 November for January 2-2018
  • November 21st, 2017 (Unofficial – News) : A News article on Breitbart news says that there is a regulation drafted by DHS and is on the table to end the H4 visa EAD program.  Until we see this published, it is still a rumor. You can read the News on Breitbart.com  . There are so many speculations all over the place, please take every news with a pinch of salt.
  • December 14th, 2017 ( Official ) : DHS has published an agenda item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” today in the Fall 2017 Regulatory agenda. Basically all it says is that they intend to amend the original rule published for H4 EAD Rule in 2015  and potentially remove it as per the Buy American, Hire American EO by Trump Administration . It states that the DHS Secretary has authority to do as per INA regulations. Not many details published except that it is part of the agenda and they plan to remove it. We have no details on what happens to current H4 EAD holder working.  As of today, basically nothing changes as it is in proposed rule state.  We can expect progress or update on this in February 2018.   Below is a screenshot on what you see on regulations.gov  You can check the actual official info at Reginfo.govH4 EAD Work Rule Amendment 2017 Fall Agenda
  • December 22nd, 2017 ( Official ) : Both DHS and SAVE Jobs have filed respective motions, one to hold the case in abeyance (hold), other fo oral argument and not hold the case in abeyance. Below is quick summary.  
    • DHS Motion Summary : DHS has filed a motion to hold the lawsuit in abeyance ( basically on hold/suspension ) as they are in regulatory process of implementing the “Removal of  the H4 EAD” and they plan for Notice for proposed rule making ( NPRM) in February 2018. They say that having an oral argument now is of no use, when the H4 EAD rule is going to removed with regulation. As they are in process of removing, they are asking more time and will inform court in July, 2018 on the progress. You can check the document link in Official Documents section below.
    • SAVE Jobs Motion Summary : SAVE Jobs argues that in the first place DHS never had the authority to implement the H4 EAD rule without an act in Congress. They say that the regulatory process will take years, as the previous H4 EAD rule making took over 2 years from publication in regulatory agenda, and it will impact many of the Americans. Also, this process will lead to more lawsuits around the DHS rule to remove H4 EAD. The best path is to have oral argument and have a judgment.You can check the document link in Official Documents section below.
    • Current Status : Court is yet to review and give a decision on the motions filed by both. We will keep you posted.
    • Official Documents : You can read both the documents at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
  • January 5th, 2018 ( Official ) : Many are waiting still for the update as we are past Jan 2nd, 2018 ,which was when we are supposed to hear something from the Court. As of now, there is no update on the case. We have checked court case updates, nothing has been published. Just to give you a perspective, the court has responded at least over 1.5 month after the motions were filed. As you can see below the actual court updates from the case on Court’s website, I have highlighted the one in RED, where court responded to the Motion filed. Now, if the same trend continues from court, we may not hear back anything end of January or February. Of course, just guessing here based on history. We will keep you posted, once there is an update. As nothing has happened, it can be assumed that Court has given DHS until July 2018 to hear the update. Again, we need official court response, will let you all know, once updated by court.
  • February 21st, 2018 ( Official ) : After a very long wait, finally today there is an update on the case by court.  They have ordered the case to be held in Abeyance ( basically hold) and denied the plea of oral argument by SAVE Jobs. As you can see below, they mention that, the reason for their decision is that they see the plan of rule-making  by DHS to propose rule to remove H4 EAD in February 2018.  DHS is asked is report status on the H4 EAD rule within 90 days from the order day, which is today Feb 21st, 2018 and also every 90 days after that.  Basically, DHS has to file an update with Court by May 22, 2018 on the H4 EAD rule-making.  Now, as far as the rule-making from DHS, nothing has been sent to OMB yet for review. So, we need to still wait.
    • Official Documents : Read Official Docs at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
    • Next Steps : DHS to update Court regarding H4 EAD rule making by May 22, 2018.
    • H4 EAD Removal Rule Making Status : No rule is sent to OMB for review yet. Need to wait.
      H4 EAD Update February 2018 - Case to be Held in Abeyance
    • February 28th, 2018 ( Official ): DHS filed a status report with the DC Circuit Court stating that upon review by USCIS, they believe that draft of the regulation need to be revised further and they need some more time until June 2018.hey anticipate that it will be June 2018, when they can submit the proposed regulation to Office of Management and Budget for review and clearance  in time for publication.  The court document says that the decision to remove H4 EAD using regulation does not change, but they need more time. See below the document with sections highlighted.
      • Official Documents :Read Official Docs at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
      • Next Steps : DHS to update court regarding H4 EAD removal regulation rule making process  in next 90 Days, maybe end of May 2018.
      • H4 EAD Removal Rule Making Status : Regulation will be revised further and send to OMB by June 2018. Need to wait.H4 EAD Update Lawsuit March 2018 News
    • March 26th, 2018 ( Official ): Few of the Members of Congress wrote to USCIS Secretary requesting to reconsider and not revoke the H4 EAD rule.  But, USCIS responded saying just that, they are working towards the president’s goal of Buy American and Hire American and everyone will get a chance to submit comments during the rule comments period to submit feedback.  See below. You can check the actual Request Letter and Respond from USCIS H4 EAD USCIS Updated Secretary April 2018
    • April 4th, 2018 ( Official ): USCIS Director wrote to Senate outlining various H1B and H4 changes in a letter and plans of USCIS. It also talks about their intention to remove H4 EAD and the regulation in planning. Below is the screenshot of the exact info. It clearly tells that they plan to remove it with regulation and public will get a chance to provide feedback during comment and notice period. Check original document of USCIS Letter sent to Senate Judiciary committee H4 EAD April 2018 News Update
    • May 10th, 2018 ( Official ) : H4 EAD Rule removal is now part of Spring 2018 agenda and the timeline has been updated to June 2018 for rule proposal and comment period. The current rule published in RegInfo.gov does not have much changes, except there is no need justification in the current rule proposal. See below the comparison. The green highlighted one is not there is Spring 2018 rule info. Check the actual rule info at Reginfo.gov Spring 2018 H4 Removal RuleSpring 2018 Regulatory Agenda H4 Visa EAD Rule Removal
  • May 16th, 2018 : A group of 130 members of congress lead by Rep. Pramila Jayapal and Rep. Mia Love,  signed a letter to the DHS asking Trump administration to reconsider its plans to remove H4 EAD rule  for certain spouses of H1B. You can read actual : Singed Letter H4 EAD 
  • May 23rd, 2018 ( Official ) :  Despite all the letters, etc. nothing has changed from DHS/ USCIS in their stance towards the rule removal. Yesterday,   DHS filed an update with the court indicating their stance and the progress with H4 EAD removal rule. It is a simple update and tells that the H4 EAD rule removal is in final clearance and will be sent to OMB for review and their plans remain unchanged for publication of NPRM for H4 EAD Removal   Below is  the most important piece of info clipped from the court document. You can check full  Official H4 EAD Court Documents H4 EAD Rule News Update May 2018 Latest Court Update
  • August 20th,  2018 ( Official ) :  USCIS updated court on their latest status indicating that final DHS Clearance review is ongoing  and its intention/ stance on the issue remains unchanged. See below screenshot from the exact ruling. In general, the OMB review process takes anywhere from a month or more, so we may expect the ruling around in late September 2018.  You can check the full document at   Official H4 EAD Court Documents USCIS H4 EAD update court - August 2018
  • September 11th,  2018 ( Official ): SAVE Jobs USA has filed a motion in court asking the court to conduct briefing and oral argument very soon. It is pretty lengthy 11 page document submitted by SAVE Jobs USA that highlights the delays and says nothing has moved in the last year and half and if it goes at this pace, it will take years for this case to be closed and they say “Justice Delayed is Justice Denied”.   Also, they say that there could be another litigation as well, if the H4 EAD is removed, so they are asking for oral hearing to clarify one simple question if DHS had the authority to give H4 EAD without Congress approval.  The key info is highlighted below in screenshots.  If you are interested in reading the actual filed Motion Document, you can check it out at  Official H4 EAD Court Documents H4 EAD News Update September 2018 - Save Jobs USA Motion to reopen caseConclusion of the H4 EAD Litigation September 2018 Update Court
  • September 21st,  2018 ( Official ): In response to SAVE Jobs motion filed earlier this month, DHS submitted in court their response requesting to hold the case as it is as they are making swift progress. DHS’s senior leadership has reviewed and proposed some changes and they plan to submit the rule to OMB within 3 months. DHS argues in the response document to all the concerns raised by SAVE Jobs USA in their motion regarding more jobs lost, future litigation, etc. The overall message DHS says is that, it is in best interest of everyone to hold the case hearing on hold until the process is completed as it would waste court’s and everyone’s time as their intent has not changed and they are making swift progress.     The key info is highlighted below in screenshots.  You also read the actual response document at by DHS at Official H4 EAD Court Documents H4 EAD News Update September 22 filed by DHS supporting the NPRM
  • October 16th,  2018 ( Official ): Senators Harris and Gillibrand wrote a letter to USCIS on Sept 26th,2018 regarding H4 EAD removal to reconsider as it will create extreme hardship for many families.  USCIS responded officially to their letter stating that their priorities are to implement President Trump’s Buy American Hire American policies and safeguard US workers, stating that there will be comment period for everyone to provide feedback. You can check Official  Letter from USCIS for Senator Harris 
  • October 17th,  2018 ( Official ): Fall 2018 Regulatory agenda was published and it included H4 EAD rule removal as one of the agenda item. DHS is looking to propose NPRM for H4 EAD rule removal in November 2018 as per the update. We are just waiting for the rule to be published. Check more details of Fall 2018 Regulatory Agenda – H1B, H4 Impact Summary 
  • November 16th,  2018 (Official) :  A new bill called “H4 Employment Protection Act” was introduced in House by Reps. Eshoo and Lofgren. The whole idea of the bill is to stop Trump Administration from Revoking / Removing the H4 EAD Bill. It talks about hardships and benefits. Still very early stages, not much to predict. You can read Summary of the H4 Employment Protection Act, Status, Impact 
  • November 16th,  2018 (Official) :  Also, semiannual regulatory agenda with H4 EAD rule removal info was published today in Federal Register. It is under sequence number 299. The NPRM is not yet published. 
  • Nov 17th to Dec 16th,  2018 ( Unofficial)  :  No updates from Nov 16th to Dec 16th. There was a status report due to Court on Nov 19th, but nothing was sent to court. We are expecting that DHS would very likely publish the rule for OMB review by December 21st, 2018. The reason is that they have mentioned that to the court on September 21st that they would file it to OMB within 3 months and that day would be Dec 21st. Check DHS court documents  and above updated from September 21st screenshot of official court. 
  • Dec 17th, 2018( Official) :  US Court of appeals issued  two Per Curiam Orders ( basically issued by court and not a specific judge)  stating few things : 
    • To remove the court case of H4 EAD Lawsuit from abeyance ( basically on hold or dormant status)
    • Denied the motion filed to expedite the case ( take decision quicker)
    • Granted a motion for leave to intervene ( meaning a third party other than the two parties fighting in the case to join the case past deadline ) for ImmigrationVoice team to join the case and let them put in their argument in oral hearing. Check out ImmigrationVoice FB Page
    • Ordered all the parties to file a new opening briefs( a written argument on what went wrong with case and facts) and also the new party joined the case to file the same. See dates in below screenshot.
    • Below is the screenshot. Also, we have dates now setup for the replacement brief. You can check out full court documents from today at H4 EAD Lawsuit Court Documents History 
    • It is going to be interesting as we have lot of things going on in parallel with DHS and court case in progress.
    • Next Action Steps in the H4 EAD Lawsuit : By Jan 16, 2019 Save Jobs USA has to file a new Replacement Opening Brief ( written documentation supporting their lawsuit ) and after that by Feb 16th, 2019 DHS has to file their Brief (supporting documentation for the lawsuit defence ). Immigration Voice will need to file their Brief ( supporting information and facts) regarding the lawsuit by Feb 22nd, 2019. Based on all of these Brief’s submitted, SAVE Jobs USA has to reply by March 15, 2019.
    • You may watch our short 3 min H4 EAD Court Order YouTube Video explaining what the court orders mean.

H4 EAD December 2018 Update with January 2019 New Orders and ImmigrationVoice

Court Dates for H4 EAD January 2019 Updates Submission including Immigration Voice

  • Jan 15th,  2019(UnOfficial ) :  No new updates on H4 EAD until today in this new Year 2019.  Tomorrow is when court should get the replacement brief from SAVE Jobs USA.  Also, Trump did a random tweet without any details saying that H1B will be given path to citizenship. With partial Government shutdown, there will be delays for the H4 EAD removal process… Also, We still continue to wait for the proposed rule to be sent to OMB to be reviewed for NPRM. We were expecting it to be published around last week of December 2018, but now with the new court orders and US Govt Shutdown, things have changed and we have to wait and see what happens .  
  • Jan 16th,  2019( Official ) : SAVE Jobs USA Filed its replacement Opening brief today. It is a pretty lengthly 77 page document with an appendix of 116 pages. The replacement brief filed by Save Jobs USA emphasises on the previous points such as DHS lacking authority to give H4 EADs in first place and how H4 EADs are hurting the SAV Jobs USA members. Check out Summary of H4 EAD Lawsuit Replacement Brief with Argument Points, Facts 
  • Jan 18th,  2019( Official ) : DHS filed a motion today to put a stay on the deadlines as there is no funding due to Govt. Shutdown and they request to put the case in abeyance and put hold on the deadlines to submit response.  Court reviewed it and denied the motion to hold the case in Abeyance or put stay on the deadlines. See below.  You can check all court documents at H4 EAD Lawsuit Court Documents History 
  • Jan 23rd, 2019 ( Official ) : DHS filed another consent motion requesting to enlarge the deadlines by 30 days, they have raised Govt Shutdown issues and the situation that many cannot work even on voluntary basis. After further review, Court has given consent for the same. Below is the screenshot. TO read actual documents, check out H4 EAD Lawsuit Court Documents History H4 EAD Court Decision to Move Deadlines to March 2019 Update
  • Feb 20th,  2019( Official ) : DHS Submitted the H4 EAD Rule removal to OMB ( Office of Management and Budget) for review today ( see below). It is marked as economically significant. If you look at the general 9 Step Federal Rule Making Process, we are in step number four.  OMB Office can take anywhere from few days to 90 days. Now, with all the lawsuit and this going on, it is not very positive news for H4 EAD holders.  Based on today’s update of OMB, we have revised the H4 EAD removal Predictions, check out H4 EAD Rule Removal Predictions for updated timelines.   The actual H4 EAD removal rule is not published yet and still in proposed rule stage. Still all eligible H4 holders can apply for EAD.  Watch the short video below as well. Check the official OMB Pending Review of Rule on Reginfo.govH4 EAD Rule Sent to for OMB to Review - February 2019
  • March 12th, 2019(Official ) : On the lawsuit side, DHS has requested Court to extend their date by 14 days due to pre-planned court hearing travels, leave. They have asked the new date to be April 1st. Court is yet to respond to the request. See below for the official info on the documents submitted.  On the rule making side, nothing has changed and the rule info is submitted to OMB ( Office of Management and Budget) and they are reviewing the same.  If court approves, we may not hear anything until April. We need to wait and see, if court will give the extension…Stay tuned for updates.DHS request court to enlarge deadlines by 15 days from March to April 1-2019 Info
  • March 14th, 2019(Official ) : Court reviewed DHS request and approved it with an order to extend the date to submit brief to April 1st, see below the revised dates. This order gives DHS more time for OMB  review of the initial proposed rule.You can check H4 EAD Lawsuit Court Documents History  for actual documents.  No new update on the rule-making side, we are still waiting for OMB update on the rule review…DHS is just buying more time to have the rule review complete from OMB, so that they can have a strong brief in the court on their intent to revoke the H4 EAD rule..Stay tuned for updates.   H4 EAD DHS Brief Due on April 1st 2019 Info
  • April 1st, 2019(Unofficial ) : No new updates today as of 8:30 PM EST. Today was the deadline for brief from DHS,  but nothing came out today as of 8:30 PM EST.…Usually the updates happen in the business hours, we have not seen anything today. Maybe we see something tomorrow. Also, we are still waiting for review and updated from OMB, we were expecting something there, nothing moved there as well. On the other hand, H1B 2020 Season Starts Today and USCIS Launched H1B Employer Data Hub today.  Also, if you are on H4, recently USCIS introduced New Form I-539, with Biometrics that will impact H4 EAD processing times.  You can check out our short video in summary for March 2019 updates, you can watch it below. It is a 2 min video. Also, if you are filing 
  • April 2nd, 2019(Official ) : Late last night ( see below) DHS filed their brief with the court, where they argue that Save Jobs could not establish their argument that it will harm SAVE Jobs Members. It is a 49 page document, we have summarized it. Check out Summary of DHS Argument and Appellee’s brief submitted with court. We have put up a short video on Youtube, you can check it below. Court Brief Submitted by DHS in April 2019
  • Also, there is another update on Skilled Immigrants America Facebook group stating the background work done by a group of H4 holders advocating to fight against the removal of H4 EAD rule and lawsuit. They have met with OMB and submitted lot of data and report on the current situation of H4 holders . The group believes that it helped shape up DHS brief to indicate that Save Jobs does not have standing in the case. Check it at : Skilled Immigrants America Facebook group 
  • April 8th, 2019(Official ) :  We had two Intervenor briefs submitted yesterday. One by Immigration voice only and Second one by Immigration voice and other non-profit trade organizations.  Both of them support H4 EAD and support all the actions of DHS.
    • First Brief by Immigration Voice and Non-Profit Trade Orgs : The first brief is 38 page document and talks about the merits of H4 EAD program to US businesses and highlight the impact and how it will affect families, etc. and support H4 EAD. Key points include 
      • Contributions to US Economy, Taxes, etc
      • Damage done to irrevocable life decisions of H4 Holders
      • How EAD will not impact american jobs
      • DHS had power to create H4 EAD rule based on 1324a.
      • Congress did not prevent H4 EAD as they did not had any intent on the same.
      • Send it back to district court, if has different stand on the case.
      • For Full details read Summary of Intervenor’s Brief by Immigration Voice and Team.
      • You can check out the video summary of this brief below.
    • Second Brief by Immigration Voice Only : The second brief is 54 pages and talks about the case supporting DHS brief and the overall case addressing the Save Jobs points raised in their brief.. Key Points include 
      • DHS argued it correctly in their brief
      • Immigration voice has standing as Intervenor due to court order and the potential injury to H4 Holders
      • 50 years History of how INA has given authority for DHS to create rules like H4 EAD.
      • If different stand, send it back to the district court.
      • For full details read Summary of Immigration Voice Only – Intervenor Brief 
      • You can check out the video summary of this brief below.
    •  From Rule-making side,  no update from OMB on the H4 EAD rule removal yet, it still pending review.  
      H4 EAD Court Case Update April 9-2019

Video Summary on First Brief with Immigration Voice and Others :

Video Summary on Second Brief with Immigration Voice Only :

  • April 25th, 2019(Official ) :  We have a scheduled date now for the OMB review meetings ( EO 12866 Meetings ) for the H4 EAD removal rule.  It is scheduled for May 1st, 2019 for 3 pm.  It is updated on the Reginfo.gov website. See below.  On the lawsuit side from the court, no new updates, it is same state since April 8th.   We are expecting something to be filed by Save Jobs USA on April 29th, 2019.  
    OMB Review Meetings H4 EAD
  • April 29th, 2019(Official ) :  Save Jobs USA filed their Appellant’s reply brief earlier today. It is a 37 page document. In short below is the summary from the reply brief
    • Save Jobs USA argues on their fundamental points that H4 EAD hurts their members. They put in counter arguments for DHS and intervenor’s arguments on DHS authority, post complaint date evidence.
    • Save Jobs USA says that there is no point in sending this back to old court, as the key points were discussed.
    • Also, they say that fundamental rule of H4 EAD was to help H1B holders and it is in the H4 Rule creation charter, now DHS is contradicting its own points, etc. Some of these arguments are logical
    • Save Jobs make many references to the cases, only court can validate all such proofs.
    • For full details read the article Summary of the Appellant’s Brief filed by Save Jobs USA 
    • You can watch the video summary as well below
  •   On the rule removal side, the next meeting is scheduled for 1st of May.  Stay tuned for updates. Appellant Reply Brief April 29-2019 Info

  • May 4th, 2019(UnOfficial ) :  No new update today. One of the fellow (who represents Save Jobs USA in the H4 EAD Court Case) from Center for Immigration studies published that OMB may not directly approve H4 EAD rule removal as it is in current state based on his analysis of parallel with DACA as it could end up in legal battle. So, it can take time and DHS will take a deep dive and he believes that Court would ultimately decide such things. Check article .  No update on the OMB review meeting.  The purpose of the OMB Review meeting, also called as EO 12866 review meeting, is to review the current rule proposed by DHS to assess the holistic purpose, costs, benefits. The exact statement : “Executive Order 12866 requires an analysis of the costs and benefits of rules and, to the extent permitted by law, action only on the basis of a reasoned determination that the benefits justify the costs.”
  • May 8th, 2019(Official ) : OMB Meetings list page is fully updated with data from previous meetings that were conducted in March. They were attended by many groups. See below screenshots. There were few meetings held on 3/26/2019.  The meeting at 1:30 was attended by IRLI, which is a American Employees Rights Organization, unlike at 1:00 PM the meeting was attended by many Indians and USCIS officials.  Most of these meetings are OMB review meetings to assess the impact of the rule as part of due diligence.  These meetings can be requested to work with OMB to convey the feedback. Overall, one weird thing is that one of them says Final Rule Stage, it is very confusing as the rule is still in proposed rule stage and you cannot be in final rule stage…I am guessing it could be a typo…Because, as you can see all rules have to go through 9 Rule Making Steps and H4 EAD Removal rule is not there yet…We are still few days away from reaching the 90 days mark for OMB deadline.  
  • Also, the overall status of the rule on Federal Register has not changed and it still says Pending Review. Only new info added is the meetings data. You can check all of this at Reginfo.gov H4 EAD rule
  • If you know anyone who attended or you are one of them who attended meeting, may you can share details with the community in comments or in WhatsApp groups listed below or Facebook. 
  • No New update on the Lawsuit side, it is same as before..
    H4 EAD Rule Removal OMB Review Meetigns Info May 2019IRLI OMB Meetings - H4 EAD RemvoalSelf Meetings OMB H4 EAD Removal
  • May 20th, 2019(Official & Unofficial ) : OMB Meetings list page had typos of the final rule, now it is updated to reflect “Proposed Rule Stage”, but one typo still exists for the May 1st meeting. it still says Scheduled. Also, we hit the 90 day mark today for OMB review, technically, we should have heard something today, but they can extend by another 30 days until June 20th, need to wait and see. No update from the court side on the Lawsuit, we are waiting for court’s next steps.H4 EAD OMB Review Meetings updated to Proposed Rule - May 20th
  • May 22nd, 2019(Official ) : The H4 EAD rule removal is part of the Spring 2019 Regulatory Agenda. It was part of Spring 2018 Agenda as well.  Technically NO new status update or new development.  Appearing on the regulatory agenda means that, it is still a priority for the current administration and nothing else. See below screenshot and at Reginfo.gov. There are rumors by few websites telling that the rule will be published soon by Govt., which is pure speculation and NOT true.   There is no update from the Court Side on the lawsuit.H4 EAD Rule Removal in Spring 2019 Agenda - May Update
  • May 27th,  2019(Un-Official ) : There is a lot of wrong information/ Fake News reported by many mainstream Indian News Papers online saying that US Govt begins removing H4 EAD… This is false information, nothing new….It is unfortunately trending on Google News as well and many users would see all of these articles in their Google Suggest in browser (see below screenshot). The only thing that happened in the last few days is that H4 EAD rule removal was part of the Spring 2019 Regulatory Agenda, that’s about it.  There is one section in that, where it says NPRM Date as May 2019, which is just an approximate date that USCIS gives when they publish a regulatory agenda item. It used to be June 2018, when they published in Spring 2018 agena. Just scroll up to see May 10th, 2018 update…Again, it is pure speculation and that date does not mean anything… Anyways, please do not panic and be mislead.  Also, on the lawsuit side, there is no new update from court today as well as of now.  Fake News H4 EAD Removal May 2019
  • May 29th,  2019(Un-Official ) : No new updates as of today morning both from the court side regarding lawsuit or on the H4 EAD rule removal side. There is again continuation of the false news spread by many news agencies based on the mainstream media wrong info from previous days, it is trending on Google, do not worry, it is all the same info on Unified agenda of Spring 2019, nothing new other than that. See below the trending info on Google news Fals H4 EAD news by media in may 2019
  • May 30th,  2019(Official ) :  Rep Eshoo re-introduced H4 EAD protection act bill yesterday in House. It has a long way to go…We have covered all details at H4 EAD Employee Protection act Reintroduced 2019.  Besides that there is nothing new. No updates from the court or on the OMB side from the H4 Rule removal.
  • June 6th,  2019(official ) :  We have a new lawsuit for H4 EAD delays in processing
    • H4 EAD Processing time Delays Lawsuit : A lawsuit was filed on June 6th, 2019 by few individuals stating that H4 EAD adjudication delays with New H4 Biometrics Process is causing hardships for them due to the USCIS delays. You can Read  Lawsuit document here .
    • On the other hand, for general US visa application, US state department is asking Social Media accounts info on DS-160, DS-260 forms now.
  • June 20th,  2019( Unofficial ) :   There was a tweet by one of the attorney’s attending AILA Annual conference saying that the economic analysis was wrong and Govt is trying to fix that and there is no estimated time on the same. You can check tweet , see below. Nothing on the lawsuit side. If you are waiting on H4 Approvals, we have couple of users, who reported H4 Extensions Approvals after Biometrics. H4EAD Update OMB June
  • June 21th,  2019( Official ) :  We had an update from the court on the on the lawsuit. They published an order with date for the oral argument set to be September 27, 2019 at 9:30 AM.  It also says that the argument panel will be revealed 30 days before the date of the argument.  It also, says the court order does not change.  See below.
    • What happens during Oral Argument : On the day of the Oral argument, each of the parties present to the judge with the time allocated to them. Unlike in trial court, during oral argument in appellate level, judges can be active participants and ask questions to the parties. The panel would have read the briefs and free to ask.  You can read Wiki Page of Oral Argument in US.
    • You can check official court documents H4 EAD for actual court order document. 
      Oral argument h4 EAD removal lawsuit update
      Oral Argument Scheduled H4 EAD Court Case 2019
  • June 24th,  2019( Unofficial ) :  Many asked, if OMB can extend the review deadline past the 120 days as they hit the deadline on June 20th.  The reality is that, if the agency head wants to extend it, they can do it for as long as they want. That’s the guidance, see below screenshot. For official info check EO 12866 FAQs on Reginfo.gov.EO 12866 OMB Rule Review - How long can they take
  • July 1st,  2019( Official ) : Save Jobs USA re-filed their Opening and Reply Briefs with concerns raised by the court on the abbreviations. There were three documents that they filed ( see below). One is the letter, second and third are the actual documents. There are no major changes done, we have verified the documents, they are primarily abbreviations and referral info for some of the documentation for proofs.  You can check out the actual court documents filed today at page  H4 EAD Lawsuit Official Court DocumentsNew Corrected Court Brief by Save Jobs USA - July 2018 Update
  • July 5th,  2019( Official ) :  Immigration Voice re-filed their Intervenor Brief with court today to fix the acronym related issues in the brief. They filed only two documents, one that says that they are submitting a letter and second one is the corrected Intervenor Brief document. The document length has not changed we have verified all 53 pages and they look more or less the same, they fixed acronyms such as DHS, AC 21, etc with actual words, and some references info.  There were no argument points changed in the document.  You can check out the latest court documents filed at page  H4 EAD Lawsuit Official Court Documents. No update on the H4 EAD rule removal, it is still stuck with OMB. See below. 
    Immigration Voice Corrected Intervenor Brief Filed - July 5-2019
  • August 30th,  2019( UnOfficial ) :  There were no updates in August yet, both court case and the H4 EAD Rule removal with OMB were in same state as in previous month. Also, since June until end of August, many H4 EAD Processing Delays Lawsuits were filed by many individuals using RN Law-group and they claim that it is working and they are getting faster adjudications. 
  • September 3rd, 2019 : The court website has confirmed the judges names, location and time for the oral argument for H4 EAD Lawsuit. See below.  No updates on the H4 EAD rule removal yet.Oral Argument Date September 27 - H4 EAD Case Judges Info
  • September 5th, 2019 : The court issued an order to USCIS/ DHS to give an update by 4 pm on September 10th, 2019 to them on the H4 EAD Rule removal status as it was mentioned in court documents previously that NPRM would be done for H4 EAD rule removal.  See below the court document screenshot. H4 EAD Rule Removal - September 2019 Update - Court OrderAlso, there was a document tied to the May 1st meeting with OMB was posted on the OMB meetings page for the rule.  All it tells is that H4 removal will impact many and should not be removed. It is by few advocacy groups. See below. 
  • September 10th, 2019 : DHS Updated Court today that H4 EAD rule removal is submitted to OMB / OIRA for review as per executive order 12866 and it is pending with them. They mentioned that they attended meetings along with OMB and got feedback on the impact and things to consider. See below the actual document screenshot and highlighted text. Nothing is new here. We need to wait and see how the court will react to this. The reality is that DHS has their defence that they are following due process and trying their best to revoke the H4 EAD Rule. Court Update on H4 EAD Rule Removal September 2019
  • September 11th, 2019 : The Court after reviewing the respond submitted by DHS has second thoughts and would like to confirm, why the oral argument has to happen now on Sep 27th, 2019. The reason is that they can see that DHS is doing its regulatory process for H4 EAD Rule Removal and there is no good outcome out of the oral argument except DHS saying that they are trying to get through the regulatory process and has to follow process. The Court believes that their time would be wasted, unless there is strong justification to have the oral argument on on Sep 27th, 2019. They have given deadline till  Sep 16th, 4 PM to submit response by both the parties in the case. 
    H4 Court Oral Argument Date Postpone Order Info Sep 2019
  • September 16th, 2019 : All the three parties posted their court response today. We have summarized the details on top of the page. Please review details there.
  • September 18th, 2019 : Court issued an order in the evening  that the oral argument would go on as planned before on Sep 27th, 2019. Read the details and screenshot in beginning of the article for summary and screenshot. 
  • September 20th, 2019 :  DHS and Save Jobs submitted two documents, see above in the beginning of page for details on the update. 
  • September 25th, 2019 :  Court gave the order of cases and timing for the oral argument on their calendar, see above in the beginning of page for details on the update. 
  • September 27th, 2019 :  Court had oral argument on time. It lasted about 45 min or so. We have compiled the entire key points of the argument. Read H4 EAD Lawsuit – Oral Argument Summary, Next steps. 
  • October 15th, 2019 :  No update from the court on the judgement. As there is no SLA, it can take few weeks to few months…No new update on the rulemaking as well for H4 EAD rule removal. 
  • Join WhatsApp Group 7 (Full: Group 6Group 5 , Group 4Group 3Group 1, Group 2 ), Telegram, Facebook and Community Forum to discuss, ask, share.

What is the H4 EAD Removal Estimated Timeline, Predictions ?

Every proposed rule has to go through Standard 9 Rule Making Steps in US to become law, in our context H4 EAD removal also has to go through the same steps. We have outlined the entire rule making process and mapped it to current H4 EAD rule removal progress. Also, based on data and varying speed, we have done predictions on when we can estimate the rule to be removed. Read article H4 EAD Rule Removal Estimated timeline Predictions for all details. In short, looking at all current situations, we predict that, it may take an estimated amount of 10 months or more for H4 EAD to be removed. With current political climate and new H4 Employee (EAD) Protection Act Bill in House, things can change anytime and slow down quite a bit, stay tuned

Common H4 EAD Rule Removal FAQs 

Can you still apply for H4 EAD ? Can you work on H4 EAD, when this revoke rule process is going on ?

Yes, you can continue to apply for H4 EAD and work on H4 EAD. Still the rule is in very early stages and until the rule completes comments, review and it becomes final, you can apply for H4 EAD and work on the same. Read Step by Step guide to Apply for H4 EAD , Biometrics needed ?

Will your existing H4 EAD be valid after USCIS/ DHS implements the H4 EAD Rule revoke or removal ?  What happens to my EAD ?

Well, it is hard to tell what USCIS will do once they implement the final rule to remove the H4 EAD. They will publish the guidance on the impact and what happens to existing H4 EADs and their validity, we need to wait and see. Having said that, in the past for DACA and other similar rules, DHS let the existing EADs be valid until they expire, which technically let them work until their full validity. So, we can speculate similar aspects for H4 EAD and may expect that H4 EADs will also be allowed to work until they expire or until the end of the validity period.

Should I apply for Change of Status from H4 EAD to H1B to continue my work ?

Well, it does not hurt to apply for H1B, if your employer is willing to sponsor H1B for you in the upcoming H1B Visa 2020 Season.  It gives you an extra backup option to work, if something happens to H4 EAD and USCIS does not let H4 EADs work until the expiry date after rule is removed. You should consider applying for H1B visa petition with Consular processing, instead of change of status from H4 to H1B, as it will give you an option to work on H4 EAD, until it expires and switch to H1B only, if needed after expiration.  If you get picked in H1B visa lottery  and have approved H1B, then you can apply for Change of Status to H1B and work as needed. Discuss with your employer and see, if this can be done.

Can any of the groups file a Lawsuit against DHS regarding H4 EAD Rule Removal ?

Well, it all depends on what comes out of the rule-making process. Putting up a lawsuit is something many groups may be considering and all of them are waiting for the outcome of the current process. As you know there is already we have H4 Employment Protection Act, Status, Impact in house supporting H4 EAD to exist…Overall, we can speculate lawsuit, but it is too early to say…

Can I apply for H4 EAD in 2019 with all the Rule Removal process and the New Bills to Stop H4 EAD in progress ?

Absolutely Yes, until the official rule is published, you are eligible to file for H4 EAD in 2019. We have a long way to go and nothing changes until it is final and USCIS publishes the official rule that it is removed. Check out Step by Step guide to Apply for H4 EAD , Biometrics needed ?

Can I apply for H4 EAD with the Rule Removal in Process ?

Yes, you can. Until USCIS publishes the final rule and decision on the future of EAD, you can continue to file H4 EAD normally.

Is H4 EAD Rule still valid with the H4 EAD rule revoke in Process ?

Yes, it H4 EAD rule is still valid. It is not revoked yet. The H4 EAD rule revoke is not done, it has a long way to go.

Will my H4 EAD be cancelled immediately after H4 EAD rule is revoked ?

We do not know that yet. USCIS has not given any guidance yet. Even the proposed rule is not yet published for comments yet, so long way to go…It will be speculative, if anyone says something at this point.

Why No update on H4 EAD Rule Revoke for long time ?

Well, it is stuck with OMB for a very long time…it seems OMB is not happy with the way the proposed rule was sent by DHS, so until they review and approve, it will not be out for public comments. Apparently, the economic analysis was not done right as per some insider information.

Should I plan for backup options with H4 EAD Rule Revoke in Process ?

It does not hurt to have a backup option. But, at this point H4 EAD is still valid and you can continue to use. No need to take any drastic decision, but just plan for back up options, if something goes wrong.

Summary :  H4 EAD Rule Revoke by Trump Administration – Impact Analysis ? Can they revoke ? Estimated time ?

It all started with a lawsuit by ‘Save Jobs USA’, that questioned the authority of DHS to grant EADs for H4. After Trump administration took office, they took charge of the lawsuit, took time, delayed the process and finally aligned to remove H4 EAD rule in line with Executive Order of Trump Buy American, Hire American. They made an item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” , as part of Spring 2018, Fall 2018 and Spring 2019 Regulatory Agendas  indicating their intent to remove the rule and communicated the same to Court as well and requesting more time not to go for oral hearing.

Many attempts were made in the meantime by Members of Congress, Many other groups including CEOs of companies, writing letters to USCIS to re-consider and not remove H4 EAD and the hardships it will create to many, but all of them were politely replied saying their intent is to align with Trump’s Executive order priorities and public will get chance to put in their comments during rule removal process.  USCIS has been delaying this as they know they have to be very thorough to submit to OMB and then to public. The last official update is that H4 EAD rule removal was sent to OMB for review on Feb 20, 2019 and many meetings were held until May 1st. By June 20th, OMB has exceeded their 90 Days + 30 days limit. It is stuck with them and as per disc they have exceeded. The reality is that, if the agency head wants to extend it, they can do it for as long as they want.

Also, we had a new bill in House introduced in Jan 2019 to protect H4 EAD holders, but it has been dormant for a while now. With Democrats, having the majority in house, this also can play a part.

On the lawsuit front, we had the oral argument on September 27, 2019 at 9:30 AM and we are waiting for the court judgement. During oral argument, Judges leaned on to the injury part for looking at standing in case and they picked up 3 affidavits from H1B holders submitted by Save Jobs USA as one of the key evidence. We need to see on the court judgment on how they will treat that. They look at the briefs and evidence as well, besides the points in oral argument. Also, DHS said that they plan to have H4 EAD rule removal for NPRM in Spring 2020 in one of their previous updates.

If this H4 EAD rule removal is implemented, it will have a significant impact to many of the thousands of H4 holders working and they need to plan for backup options like H1B.  As it stands today, you can apply for H4 EAD and work on the same, nothing is stopping you from that until the rule is final and USCIS mentions that you cannot work.  As far as our estimate based on 9 steps of rulemaking process, check our  predictions for the H4 EAD rule removal timeline

What are your thoughts ? What do you think of timeline for OMB to review the rule ?

Reference :

   

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Comments ( 2,884 )

  1. H4-EAD

    What!!! From the intentions of the judges, it seems thy are more inclined that DHS to revoke this rule. Probably this time EAD is screwed for real. If court directs to remove the rule will DHS be compelled to act or any other lawsuit can prevent it? what happened to the intervention by the ImmigrationVoice team?
    What say Kumar?

    1. Kalyan

      I think the court is going to make a decision on Save Jobs USA’s key argument point, why they came to US appeals court, as district court said Save Jobs lacks standing, rather than current H4 EAD rule revocation in progress.

  2. DHSupdate

    From latest updates, DHS has told court that earliest possible date that H4 EAD revoke may be published is Spring 2020, which is probably sometime in March 2020.

    On Sep 18 update, why are they open for oral argument on Sep 27, 2019 ? after oral argument , can court order DHS to revoke sooner then march 2020 or something in favor of H4 EAD ?

    In March 2020 , they just propose revoke rule or H4 EAD will be stopped in march 2020 ? what will be the expected timeline after march 2020 ?

  3. KK

    I have H4 EAD approved and valid till 2022. If H4EAD has been removed with Rule making process then my current H4 EAD still valid till 2022 or will it revoked immediately?

    1. administrator
      Kumar

      It has a long way to go…to early to speculate…Based on past other similar situations, it may not be revoked immediately, again this is pure speculation.

  4. USER

    Hi,

    According to the Sep 11 update, even court is in favour of DHS ? and H4 EAD will be removed ? if this happens will all the existing EADs will be revoked ? and if the removal is confirmed , what is the approx. timeline of h4’s to stop work ?

    1. rohith

      What makes you think that court is in favor of DHS? The issue is complicated
      1) Save jobs USA is against H4 EAD
      2) the current DHS & Administration is against H4 EAD
      3) But in the court, DHS is pitching in for H4 EAD because, they don’t want courts to undermine their authority on whether to grant the EADs or not (any kind of employment authorizations). So, if court rules in favor of Savejobs, then DHS must go through congress every time to change anything related to Authorizations. This will be a severe set back to DHS. So they are fighting Save jobs petition, even though they stand on the same side
      4) The court is just asking the DHS to give an update on the rule making process. So once that is done, the case can move forward. But this doesn’t mean court is agreeing to the revoke process. They don’t want to rule in favor of savejobs yet and instead wait for DHS to do their thing first
      5) If the arguments are strong, court can even overrule DHS, re-instating H4 EAD. Similar thing happened with DACA. So lets be hopeful

    2. administrator
      Kumar

      Well, court is not favorable for anything…they are just making sure, their time is not wasted in court. Most of these questions are subject to their own opinion, very hard to guess…

  5. Krishna

    Need Adivise-I have filed for H4 Visa and H4 EAD extension for my wife at the start of April this year. Around same time, her company filed for H1B and her H1B got picked and approved. And Both H4 and H1 are filed as COS i guess, not sure how extensions work.

    H4 and H4 EAD case statuses are pending on decision. As her H1B has been approved, we are planning to withdraw our H4 application because we are afraid that, if H4 is approved after October 1st her status may move from H1 to H4. Could you please suggest us on how to go about with this, is withdrawing H4 application a good move ? or do you want us to change H1B to consular processing?

    1. administrator
      Kumar

      If the intention is to work on H4, then you should exit and re-enter on H4 with stamping to avoid COS to automatically kick-in. I am not sure, if your current status will allow you to be in status until October 1st. Either case, the best thing to do is to make a decision on what status you want to be in and then exit and re-enter to avoid all confusions.

  6. vdb

    I’m not generalizing. I know there are lot’s of brilliant people from Andra pradesh. Just venting my anger/frustration . I had to face really embarrassing situation because of some fraudulent activities by Telugu speaking people. Apologies if it hurt anyone. I’m out of this place.

  7. New rule

    Hi My friend wife ( H4 EAD) got laid off recently and getting unemployment insurance and doing certification course with the help of TAA , TRA something.i am not clear.
    This new rule will impact them right?

      1. Newrule

        https://wap.business-standard.com/article-amp/international/bad-news-for-us-visa-seekers-new-rules-could-disqualify-half-of-applicants-119081300109_1.html

    1. Telugu_speaking_dude_potentially_most_hated_person

      H4 EAD getting paid via unemployment insurance , its not clear how you are claiming insurance. But yes this can potentially fal under Public Charge, if that’s what you are asking.

  8. SK

    Hi,

    Can I travel without issues when my H4 and H4 EAD extension is pending ? I don’t have a visa stamp from my previous H4 visa (it was a COS from F1 to H4). I am hoping to travel to India in December and get a stamp for my old H4 itself which is valid till April 2020.

    Thanks!

  9. vdb

    Obama was so stupid to sign H4 EAD. Enabled fraudulent activities by people with no self respect, especially Telugu speaking people from India. Instead he should have increased H1B significantly so that smart people come here and stay here.

      1. VDB

        To be honest, I just don’t like people from Telugu speaking area. Majority of them have no self respect. They just focused on to come to USA by by hook or by crook and stay here. Problem is, other Indians treated with same brush because of their bad behavior.

        1. Gantih

          What a hypocrite!!

          You are painting all telugu people with the same brush but you are upset that all other Indians are treated the same. Remember people like Satya Nadela is also telugu. I agree that most fraud cases in h1 turn out to be ppl from andhra. But there are thousands of people who have setup their life in the US through hard work and talent. Please don’t generalize which is what people like Trump do. Using a few cases and painting a whole community as bad is Racism, plain and simple.

        2. J

          Your racism is painted all over the posts.. There is absolutely no difference between you and the tiki torch holding redneck who shouts “Jews will not replace us”.
          Let that sink in for a moment before u continue to paint an entire community with a broad stroke of the brush…

    1. PK

      It’s always good to judge people with considerable respect. Please don’t make any comments on people and their characteristics. If you are a smarter guy, do what you can do. Throwing some random thought is not a good idea. There are ineligible candidates from all nations and from all visa categories including H1B. It’s better to watch your words and classifications.

  10. Harshitha

    Hi Kumar,

    I have valid h4 and h4 ead until Nov 8. We are going to apply for extension in premium this week. We are going to apply h4 and ead along with h1. Now I have emergency to travel India ll be back by sep 10th close to 3 weeks.. Will my h4 and ead application will be abandon?? How the things will be?

    1. Chanseok

      This is what I know with a reasonable certainty.

      – Your H1B extension will most likely be approved fast as usual and as expected (within 15 calendar days) because otherwise they should refund the Premium Processing fee. I got my H1B extension fast in May.
      – Even if you do not travel, most likely your H4 extension will not be approved before Nov 8. In my case, USCIS confirmed receiving my spouse’s H4 extension on May 3 (along with my H1B extension), it is still pending as of now. (Biometrics taken on May 20.) My attorney firm told me that “according to USCIS, the cycle processing time for the I-539 is between 3.5 to 5.5 month”. We know that USCIS no longer processes I-539 in premium processing (which does not violate the terms, if you haven’t known).
      – You cannot work until you have a physical H4 EAD in your hands even though you get an approval letter. Factor that in your timeline.
      – I think (someone should confirm this) that your H4 extension (hence H4 EAD too) will become invalidated once you leave the US before approval.
      – Even though the application is abandoned, you can still decide to travel should you have to, although this has some drawback. As long as your spouse is maintaining H1B, any dependents may come to the US eventually. However, you will have to apply for the visa afresh in your home country while staying there. And of course, you will have to apply for H4 EAD afresh, which may add several months to your timeline.

      1. administrator
        Kumar

        @Chanseok, Few users reported that their extensions were not abandoned. In general COS petitions are abandoned for sure, but Extensions not fully certain…Based on some users feedback, they continue to be adjudicated, but the trick is the I-94 number that it comes with…if you are already in US…

        1. Chanseok

          Ah, you may be right. It was basically my speculation that extension applications will be abandoned, based on my previous knowledge with COS.

        2. Chanseok

          Yeah, I think you are right. I dug up my old email communications with my attorney firm. When they first contacted me to prepare and initiate my H1B extension, they were very cautious about travel restrictions from the beginning and requested that I inform any upcoming travel plans, explaining that I must be physically present in the US to file the extension application. I actually had an upcoming travel planned around that time in late May, so I sent email to ask if I would be able to travel. They responded with

          “Concerning your travel question, because you are extending your H-1B status, you only have to remain in the United States for us to file the EOS petition and after we receive the receipt (maybe a week wait time), you are free to travel internationally after that time. We will be filing your EOS petition before May.”

          Anyways, in the end, the extension was approved just before my travel.

          The same will probably apply for H4 extension. However, now they schedule the biometrics appointment, so that is another dynamic to the situation. Perhaps it is safer to travel after completing biometrics, but I am not sure. At least it will be a great headache if it is scheduled for the date when you are away. To reschedule, my attorney said I need to write a free-form letter (a sample was given) and mail it to USCIS, and that never seemed a good idea. Not to mention it will significantly delay the whole process.

          1. administrator
            Kumar

            Yeah, the trick is the I-94 number that you get with extension after you exit and re-enter US…There will be I-94 mismatch, that may cause issues at DMV for SAVE verification…

    2. administrator
      Kumar

      Well, it may or may not. Some users reported that it continued to be processed as they traveled after Biometrics. As there are significant delays in H4 processing now with biometrics. The better thing to do is apply for H1B only and then go for H4 dropbox in India and then arrive in US and then apply for H4 EAD alone. This way you eliminate the h4 processing delays. Read H4 Biometrics Experiences article to get an idea on delays.

  11. H4 EAD

    Kumar or senior members please advice,
    I send an application to stop processing my H4 EAD application and the application was received in USCIS Vermont center on July 16th but the online status is still showing the same old info “On April 29, 2019, we received your Form I-765, Application for Employment Authorization, Receipt Number EAC…”It’s been 3 weeks but no online status update and I have not received any letter from USCIS as well in mail as well.
    How many days it takes to get online status update. Are we suppose to get any letter in mail?

    1. administrator
      Kumar

      The withdrawal requests can take time, maybe few weeks or sometimes few months…Also, you may or may not see the online status updated as well. Try to contact USCIS after few weeks to get more info, if you do not get any acknowledgment.

  12. Hai

    Initial status on my H4 EAD was “New Card Is Being Produced” but the next day it is Changed as “Case Was Approved”. My H4 status is displaying as “Response To USCIS’ Request For Evidence Was Received”. Could you please help me.

    1. administrator
      Kumar

      The online statuses cannot be really trusted as they tend to be very in consistent. I suggest you wait for the physical document from USCIS and then take care of the same.

  13. Sankar

    Hi kumar,
    I applied H4 ead on jul 11 th at Vermont service center.today on the portal it was showing rejected as u didnt sign the form and will recieve the supporting docs in mail.So my question is how long will it take to reach my docs and would i need to pay the fee again and if I resend will that affect my processing time for the application?
    Thanks in anticipation

    1. H4eadg

      Hi,How long it wil take to get h4ead documents after it got rejected.Its been 10 days still we didnt find any mail from uscis?
      Please comment if u have ever experienced.
      Thanks

  14. VDB

    I know at least 5 cases of H4 EAD – all of them are in testing and came from same contracting company. Not written a single line of code in their life time. They were being trained at job. I suspected hiring director (Indian) and contracting company had some kind of arrangement. Instead of hiring/training Americans , Indian managers misuse H4 EAD either for cheap labor or helping their own community . This practice is worst in Telegu community. Disgusting.

    1. Ram

      yes. That’s true. First thing – they should consider Americans for Business analyst and testing job. These job can be done for anyone with some knowledge for English and business. My strong recommendation remove business analyst job and give credits to Americans. At Least give 80% americans and 20% other countries for these jobs. I support H4 ead is for very strong multiple skill set and technical jobs.

      1. Desi Dude

        How about you open your own business and enforce those rules instead of talking like you own this country.
        Good companies are looking to hire the best talent, if hiring works simply on nepotism like you’re suggesting then something is really wrong with the company in question.

    2. bk

      “you know 5 cases” means nothing. Life is much bigger than bubble you live in. Using selective data to validate your own biases shows your own intellectual capability.

      1. vdb

        You are one of those who supports fraud. Honesty and self respect is more important in life than getting H4 EAD.
        Don’t worry about my intellectual capability. I’m stupid and dumb.

  15. HR

    I submitted Form-765 (EAD application) for extension of my H4 EAD on JAN 2019.
    Received an RFE after 5 (long) months in MAY 2019, asking me to prove “your spouse is maintaining a valid H1B nonimmigrant status” (basically, requesting a copy of Form-797 approval notice for Form I-129)

    My question: Is there a way to challenge this RFE and the needless delay it causes?

    My argument:

    1. Form-765 (EAD Application) has a section where they ask for Receipt number of H1B spouse’s most recent Form-797 for Form I-129. (so, they already know whether my spouse has as approved form I-129)

    2. As supporting evidence for my Form-765 (EAD Application), I’ve submitted current copy of my Form I-797 approval notice for Form I-539. (I can’t have an approved I-539 unless there’s a corresponding approved I-129…. correct?)

    3. Apart from a copy of Form-797 approval notice for Form I-140, USCIS website does not list any other document pertaining to H1B spouse, for supporting an H4-EAD application.

    Given all these points, do you believe an RFE makes sense in this case? Can I do anything about it, apart from waiting?
    I’d really appreciate any feedback….

    1. administrator
      Kumar

      I am not sure what you mean by challenge…in general, USCIS has right to ask and give RFE.. as it is RFE, you just need to submit the documents like Paystubs, employment letters, etc, so that status is maintained…Submit the required documents and then it should be fine…

  16. VDB

    One simple commonsense question to all who are scrambling for H4 EAD.
    Did you know that you could not work when you came here on H4 ? If you knew why did you come here ?

    1. Chanseok

      I think you don’t what H4 is. You just come to the US, because you want to be with your H1B spouse. Then it happens to be that the visa type given to you is H4. You have a child, then they will be H4 too. It is not a choice or something. Whether H4 can work or not does not matter at all. It is not that you enter as H4 with an intent to work.

    2. Veena

      H4 EAD is literally an evil thing. It’s giving an opportunity to people to fake the resumes and try in IT field in junior roles with no related degree or experience. What kind of fraud is this?

      H4 EAD people are fooling americans like anything, very good in acting as if they were working in IT for years and coming with great experience. Very bug cheaters and liars. H4 EAD must go or should be given to genuine people. Not sure what’s going on with that. Recently met a lady who joined as a full time in my company on H4 EAD as a developer in selenium automation with API testing skill. She has done some other non IT course from India and started working in US with H4 EAD. This is just one case. But it’s really making people to do fake things. Laws should be made strict or else this whole country will be spoiled by those who has the guts to do fake if they get a chance,

      1. Argos

        You can argue that for every type of visa. If some of them are mis using, it doesn’t mean everybody has to suffer. Don’t you think people with H1, L1 etc who came here through IT contracting companies traveled onsite because of some nepotism and favoritism? Also, there are genuinely talented people in those companies who couldn’t travel here for the same reason?
        I agree on the fact that if somebody forging their resume, somebody without the necessary skill set has to be scrutinized. But targeting one particular group of people and demanding their right to work should be taken off is not a valid argument. Your argument can be extended to broader level and people might say, Indians who came here are not actually talented, they are just trained workers who came here for low wage and taking american jobs. So, do you want to ban all Indians coming here?
        Everybody should have a “Right to work”, we shouldn’t take that from them.

    3. H4EAD is a boon to Indian Spouses

      We can’t get rid of racism from our own people and we are here waiting for another country not to show racism. What a disgrace !!!
      I will not generalize and speak for myself. I am a VLSI design engineer and my husband got an opportunity to come to the USA. I was not thrilled to come as I was working in India. My kid in 2008 was 2 yr old and had no option other than coming as I did not want to stay alone in India. Only after coming here I realized all the processes and hardships in getting a visa. I tried rightfully in the lottery 3 times and did not get visa. My health and 2nd child did not allow me to continue my studies. H4ead like a blessing gave me a job and am working hard from 4 yrs and restarted my career. I even started my Master’s to grow in my career. “If you knew why did you come here ?” – Because I have a family who has every right to stay together. You don’t have to help everyone around you have some heart and so-called respect which you write in your post to others too

      1. Americans first, Indians later

        Many Americans are working in lower wage jobs when they can easily do high paying less-technical works like Business Analysts, manual QA jobs. It’s so obvious that many H4EAD Indians got relatively easier but high paying jobs because of Indian monopoly in many IT firms. There are laws for H1B and H4EAD, but that cannot control unfair practices by us Indians.

        Almost 50% of H1B employees are not all high skilled, because of them the really high skilled H1B Indians are impacted.

        If you are really skilled Indian and can’t work in the US, you should live in India with your spouse.

        Stop getting greedy!!

  17. Prab

    Is there an expected movement on this before HR1044 movement if you are aware only? ALso, I am not sure if this one appropriately fits here but need to know what would be the next steps for HR1044 to become the rule or any expected timelines around it too?
    Thanks!!

    1. Sam

      please use the online form to reach out to your senators. It is very easy to use – https://www.senate.gov/general/contact_information/senators_cfm.cfm.

    2. administrator
      Kumar

      Both are very independent…One is in Congress, other is with a Government agency…we should not tie both together…

  18. Rithesh thakker

    You need 51 votes to pass the senate. Currently, 49 dems-51 gops in senate.
    With this info, What are the chances of hr 1044 passing the senate? All we need is probably 4-5 republicans to vote yes in case we dont get 100 on dems.

    1. Sam

      please use the online form to reach out to your senators. It is very easy to use – https://www.senate.gov/general/contact_information/senators_cfm.cfm

    2. Saurabh

      It’s not that easy in senate. Not all democratic senators are supporting S386 yet. Moreover, it needs a veto proof majority (at least 60 votes) to pass in the senate as senator Rand Paul has placed a hold on it.

  19. Dev kiran

    Hello when is H4 Ead going to be abolished?

    Its would be good if US gov comes with a strategy of issuing H1 for only 3 to 6 years only and later on sendin the old stock back and issuing H1 to new people .
    What are your viewa

    1. Sumit Kapoor

      For your kind information US govt has introduced one more visa H2-B to bring in more people from India…..

      You may use burnol now to apply where its burning ….

  20. Dipti

    Going slightly off topic, but still relevant to H4 EAD holders – what may be the repercussions of the recent bill passed that removes Country Cap for Green Cards? the news outlets say it’s going to benefit indians a lot, can you please point out the direct impact of this to the H1B workers waiting for GCs? I’m guessing the priority date may get closer, but by how much? a couple of weeks/months or years?? Thanks in advance!

    1. administrator
      Kumar

      Well, in a way if that bill HR1044 makes it through, many of the H4 EAD holders with their spouses approved I-140 would have faster path to get green card, so they will not have to rely on the H4 EAD, if they get green card…Well, it is hard to give that numbers, as need to do some analysis.

  21. Shinoy

    We have filed the H1, H4 & H4-EAD extension under premium processing on 25th April 2019. We received the H1 approval on 7th May 2019. Meanwhile we went outside USA and got the H4 VISA stamped. The H4 & H4-EAD cases are still showing the status as “My case is received”. Would anyone recommend cancelling the H4 I539 extension application and submit the latest H4 VISA stamp along with i94 with the withdrawal petition to fast track the H4-EAD processing? Or Shall i leave the H4 I539 case as it is? What would you recommend?

    1. administrator
      Kumar

      Well, one of the user just left it like that. You may try that option as well, but I am not sure, how fast they process the withdraw letters. Discuss with your attorney on the implications and timelines before you submit anything.

    2. mii

      Hi,

      I am on F1 STEM OPT. My h1B didn’t get picked in the last attempt too. My OPT is valid till Feb 2020. I am planning to apply for H4 EAD. Is it adviable to change status ASAP or should I wait until Feb 2020 and then change. i am worried If i get my h4 status immediately. I can work for the reamoning time until h4 ead is approved. Also, worried if they might revoke h4 ead before feb 2020. 🙁 Any suggestions?

      1. administrator
        Kumar

        You can file for H4 COS with future date. Look at typical processing time based on the center you plan to file and go for it accordingly. Well, H4 EAD removal is not in your control, so just plan with things you have control in…

        1. miii

          My OPT is expiring Feb 2020. I am planning to apply for H4 and H4 EAD concurrently with the start date of Feb 2020. Are they being processed concurrently? As in getting it before Feb 2020 so that there is no break in my employment? I hear that the new bio metrics process doesn’t allow parallel processing of H4 and H4 EADs. Not sure how right it is.
          Thanks in advance for your answer.

  22. Vaishali

    Hi Kumar,

    I would like to know the current processing time for H4 EAD after new
    Bio metric requirement. In general, I am aware that processing time has got increased but i would like to get some idea about current processing status. Has that improved? Its been 4 months since I have been working as i got EAD only for a year based on current extension. My H4 EAD is expiring in Jan 2020 and I fear that i will loose my job if its not approved on time as It will take another 2 months to file for extension. A lot is at stake for timely approval of EAD.

    1. administrator
      Kumar

      Well, you can see few of the users experiences on the processing times in H4 Biometrics experiences article of approved ones. All you can do is file it as soon as you are eligible for H1B extension and hope it goes through. Hopefully some of this will change with lawsuits, and other process streamlining.

  23. Anu

    Hi Team,

    I am with Company A and am planning to do H1b transfer to Company B.

    My kid was in my husband’s H4 dependent visa till now, last month he maxed out. Now my kid’s I539 and my husband’s I539(he changed from h1b to h4) is pending, around 1 month back they had their biometric appointment. So now if I do my H1b transfer what steps we should be doing for H4. Since both H4 cases are still pending with USCIS .

    Can you please advise.

    1. administrator
      Kumar

      Anu,
      When you apply for H1B transfer along with H4 petition of your spouse and kid, submit a withdraw letter for the old ones and attach the required old pending petitions receipt notices, so that they can ignore them and process your current ones. Please discuss with your H1B transfer attorney to make sure you are doing it right.

  24. Devi

    Hi Kumar,
    My husband has approved I140 from current employer (crossed 180 days already). I have my H4EAD until May 2021. My husband is thinking of changing his employer . While transferring H1B, we are planning to transfer H4 as well. Can we apply for H4 EAD as well along with this transfer,this will help me to get 1 more year in EAD if H1B is approved for 3 years?

    Thanks

  25. Reethi

    Hi Kumar,

    We have H1 and H4/H4-EAD extension pending. My biometric appointment for H4 was on Friday. and wanted to apply for H4-EAD extension asap after that. In the hurry we used a wrong address for the H4-EAD ext application. Our H1/H4 receipt was starting with WAC and hence we should’ve sent to California processing center, but instead we sentour EAD-ext application to the Dallas processing center.

    Now I feel like we are in soup. Do you know what is the solution for this now? Is it going to be okay or should we refile to the correct center. If we resent to the correct center, what will happen to the current one.
    please let us know what you think. Your advice is greatly appreciated.

    1. administrator
      Kumar

      Well, it may lead to processing delays. Usually they try to forward to the right address…sometimes, they may return it back…Not sure, how they will handle it. Please call the customer service and ask them for guidance.

      1. Reethi

        Thanks Kumar for reply. We called the customer care and got a chance to talk to their ‘higher agent’. He said, it doesn’t matter which address and wrong address is fine. But I am still not very convinced about it as they specifically gave two addresses and gave directions to choose the address etc.

        1. administrator
          Kumar

          Well, it will just delay ( Hopefully and not return) . They gave two for a reason, but mistakes happen I guess.

  26. H4 Visa EAD

    H4 ead renewal waiting
    I think this guy never heard the word H4 visa 😀

    https://youtu.be/iqKdEhx-dD4

    After spending 6yrs on h4 visa I got the job and then boom biometrics ….job gone…. I am 29 so my hubby doesn’t want to have kids so early….no job no kid few months it’s snowing and few months it’s raining and rest left is 90 deg F. Wow what a life !!

  27. Priya

    Save Jobs USA case challenging the #H4EAD program is scheduled for oral argument on September 27th at 9:30am — What does this mean and what happens?

    1. administrator
      Kumar

      It means the parties will get a chance to present their case, the justice panel will listen to their arguments, ask questions and then court opinion comes out.

          1. administrator
            Kumar

            It will be pure guess….hard to say…I would say probably not based on DACA things…but again, pure speculation from my side too…

  28. SaiKrishna

    Hi Kumar,

    I am going to change my job location soon but my employer remains the same. I was told that I need to refile PERM and subsequently i140 because of location change. But my spouse is working on H4-EAD currently and in 8 months, it’s up for renewal along with my H1. But can we apply for H4EAD based on my already approved i140 or do we have to wait to refile PERM and then get i140 approved for my new location?

      1. Sindhu

        Hi Kumar,

        My husband has I-140 approved from his current employer. If he changes job, can I apply for H4 extension and EAD using his old i140 ? Or do we need to wait until the new company also files for a new perm ?

        Thanks in advance,
        Sindhu

        1. administrator
          Kumar

          You can use the old approved I-140. Assuming it was not withdrawn by old employer before 180 days from the approval date.

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