H4 EAD Rule Latest News - Trump Administration Revoke and Lawsuit Status

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

In Immigration| Visas by SaurabhUpdated : 2474 Comments

H4 EAD News Update Today, Feb 11th, 2019 – No new update on lawsuit or rule removal as of today. Recently, DHS filed motion to hold the case in abeyance due to Govt Shutdown, but court denied it.Check  full detailed update in below timeline. Scroll down bottom for latest H4 EAD news update.You may check out our new short video on  Entire H4 EAD History from 2015 to 2018.  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, Latest News
  • 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

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 
  • Feb 11th,  2019( UnOfficial ) : No new update as of today since Jan 18th. No rule is published. The only update is US Govt Shutdown has ended and we may see some progress on this…There is pressure on DHS now to respond to the replacement brief submitted by Save Jobs USA as their motion has been denied and also Govt shutdown is no longer an excuse.

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 one year 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.

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.

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 Regulatory Agenda and continued the same in Fall 2018 Regulatory agenda 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 to court  is that they will send the H4 EAD rule removal  to OMB for review by Dec 21st, 2018. On the other hand, we have now new bill in House to protect H4 EAD holders. With Democrats, having the majority in house, this also can play a part.

Overall, as of now, H4 EAD rule is still set to be on track to be removed by DHS. We can anticipate to have it sent to OMB for review by end of December 2018 and then very likely for comments in January 2019.  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 rule making process, we predict the H4 EAD rule removal timeline for October 2019

Update : A new twist to the court case happened on Dec 17th, 2018, when Court issued an order to remove case from abeyance (dormant state) and gave dates for submitting new opening brief ( supporting documentation and info for their lawsuit) to SAVE Jobs and given dates for the same from Jan to March 2019. ImmigrationVoice team also got the request accepted to intervene and present their facts and findings in the lawsuit.  On Jan 16th Save Jobs USA filed their replacement brief putting strong argument stating that DHS exceeded their authority and H4 EAD has to be removed. With all of these going on, the H4 EAD removal will be further dragged and we can expect more delays as USCIS/DHS will now act with caution. We just need to wait and see what happens.

What are your thoughts ? What do you think of new H4 EAD protection Act ?

Reference :

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Comments ( 2,474 )

  1. Meera

    Hi, Can I apply for H4EAD for my kids (ages 10 & 14) ? Also if they get EAD, is it possible to get SSN for them? Any restrictions based on age or Visa type etc.?

      1. Desi Dude

        Tiago is right, I totally forgot that only certain H4 dependent spouses are eligible for this benefit. Sorry, your kids don’t qualify.

  2. JD S

    I wanted to point out that in most countries including Canada and UK (see links below), spouses of even legal temporary workers are issued open work permits which allows them to work without restrictions. Here in the US, the spouses of “just H1B” visa holder (without i-140) have no authority or right to work, remain jobless and economically dependent vulnerable to abuse, discrimination, financial burden in the society for several years. Only after H1B visa holder has an approved i-140 after 3-6 years of employment, the spouse is allowed to even obtain an EAD. Now they want to take the EAD away and these spouses will have to wait 15-20 years or even longer for their spouse’s green card before they can even think about earning money for their family.
    UK – https://www.1stcontact.com/visas/uk-visas/partner-visas
    Canada – http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

    Not permitting a legal temporary residents to work goes against the international human rights law – ‘right to work’ which is enshrined in the Universal Declaration of Human Rights. We fully support stricter H1B rules but after being granted H1B on the basis of specialty occupation, there MUST be protection against unemployment for the legal temporary workers and their spouses.

    Save job USA’s fight is against misuse of H1B visas, and has already yielded fruit with stricter H1B regulations. There are mechanisms in place to protect US worker’s interests with LCA petition, and these rules should be made stricter if needed. Eliminating spouses of legal non-immigrants and legal immigrants (waiting for decades in line for green cards) from workforce will increase discrimination, financial stress and rates of unemployment in this country.

    1. Desi Dude

      ^ This!

      Finally someone who is looking at facts and not biased from the added competition or plain old jealousy. You Sir, are one of the few sane people here. Thank you!

  3. AnushaP

    Hello Kumar,

    I am currently working on H4-EAD (valid until 2020). However, I had filed for H1-B in consular processing and got picked in lottery last year and expires in 2020. I haven’t yet converted my visa status by traveling out of US. I am waiting for a proper judgement on H4-EAD before letting go of it. Is that a good idea or do you recommend me converting to H1-B ASAP?

    What happens if I don’t end up changing to H1-B and it expires? Can I still file for H1-B later and be cap-exempt or will I be subject to lottery again?


    1. administrator

      Working on H4 gives you more options. If I were you, I would wait and work on H4 as long as I can and do COS to H1B only when I cannot work on H4.
      If you do not use it and expires, you can still use it to file for a new petition as cap exempt.

  4. Truth

    I was laughing so hard after reading these comments when people are saying that they are making more than 200 K on H4 EAD in their first job. That’s a blunt lie.
    I repeat no company is going to give that salary especially on H4 EAD and when it is your first job in USA.

    I don’t have anything against any visa holders either it’s H1B , H4 , Student OPT or L1. But please be real. And if you are earning more than 200K a year you should not be worried for any visa things because you are so qualified that any country will be willing to take you.

    1. [email protected]

      That’s so true I did my masters from USA and than I already had 4 years experience in AI but still I have not received that fat paycheck.

      Luckily my employer submitted my profile for H1B, but I am also thinking to move to either my native country or another country…

      Can anyone explain Canadian immigration process?

      My employer would be happy to move me to Canada too but I have heard getting PR is better option than staying here in US.

    2. Desi Dude

      You probably have been a Frog in the well for the last 20 years.

      There was ONE person who said that and they had over 10 years of experience in Finance. The thing is – you probably could never even dream of getting that 200k paying job but it doesn’t mean that nobody else is making that kind of money. My friend working in ML is already making 200k+ and he only has 7 years of experience. Go Google it uncle, you have so much to learn lol. Oh and did you know that you can Google for things on your ‘smartphone’ these days? Shocking but true!

      1. But

        @Desi Dude: Get your fact correct. Person earning more than 200K in their first job in USA with H4 EAD not possible. And even in finance mostly they don’t pay you that much even if you are director or VP.
        I am not denying the fact that a person can’t earn more than 200K but on H4 EAD and as a first job in USA not possible.

        Citizens and green card holders are not paid that much. And I work in one of the top tech companies where most of the people can only dream of working. And in many companies they are not even considering H4 EAD.

        I respect your feelings about Smart phone.

        My employer is famous for worldwide smartphone manufacturing and cutting edge technology.

        1. Desi dude

          @But(t): How are you so sure that no one is making 200k on H4 EAD on their first job? What kind of data do you have access to? Do you mind sharing with us your source of information?

          On the other hand it’s pretty safe to assume that you have never worked for a ‘top tech company’ where most people ‘can only dream’ to work at. I’m guessing you are a Hyderabad consultant or someone on OPT who feels threatened from every bit of news from USCIS.

          Accurate-aaa? Job-aaa? How giving 200k ra?


      2. H4EADSupporter

        Salaries are not based on your immigration status’s. H1, H4-EAD is irrelevant, you are qualified you can make that money. You bad mouthing H4-EAD only proofs you incompentencies. If you are threaten by in your words “fake experience” people then there is nothing more to say about who you are.

        1. Desi Dude

          Well said. These guys know that they won’t survive in a competitive environment with their 15 year old skills so they’re obviously threatened by new talent in the market. I mean look at his bewilderment from hearing that someone is making 200k haha and he wants us to believe that he works at a ‘top’ company where one could only ‘dream’ of working at. What a loser.

  5. An

    Most of the comments are so negative here. Honestly You guys deserve much better. With this broken immigration law its much better to move to your home country or try for other countries such as Canada , New Zealand , Australia or Singapore. I know many people who are qualified but have been torn out of these delays.
    Please don’t waste your golden years and take a decision where you can live freely and where people will know your worth.
    PS: Many people have already migrated to Canada.

    1. administrator

      Yes, we had replacement brief filed by Save Jobs USA and DHS filed motion to hold case in Abeyance due to Govt Shutdown, but denied by Court. Above page is updated with more details.

  6. Matt vengalapudi

    How is dems taking the house going to help removal of h4-ead? At this rate, it might just stay for a long time.. nothing we can do against it now..

    1. Amita Kumar

      I agree, H4-ead should be removed. Lot many useless guys sitting in witch companies just for billing, they don’t have any skills. It might take long but it should be removed.

      1. R

        There are many qualified, well educated and experienced spouses working on H4 EAD. I have confidence in US judiciary and congress. This rule will continue to exist and overcome all baseless hurdles created by insecure organizations and people.

        1. Amita

          For 10% of qualified and well educated people , 90% people can’t be employed .
          Go and see some Desi witch company where they pay $50-55K pa to these well educated H-4 candidates and collect 80$ per hour from client and get work from other country. I am against it as it is getting misused.

          1. AKC

            But, the rule must stay for the sake of those 10%, no? If the only reason they are on H4 EAD is because of H1b lottery and with no other alternative? I just started out in an investment bank and make 220K/pa working on H4 EAD , so what do you suggest people like me should do? I can as well say H1b should be removed because 95% of those who get in H1b lottery have less important skills than me, so are a useless bunch.

  7. Dennis

    Good Job H4 EAD holders. You guys proved even DHS can’t do anything against what Indians do with spoiling the systems. 5 out of 10 H4 EAD working in IT are not educationally qualified to work in IT jobs or have relevant prior experience, With the H4 EAD rule, they created fake resumes and now they are all experienced and competing with real candidates, citizens and H1B’s. In India the same thing happens, exploting the systems that are created for a good cause and finally spoil it. Same with H4 EAD. That was a blessing to many but majority of them landed up in IT jobs with H4 EAD. Only after H4 EAD got implemented, this much hatred started against H1B people too. H4 EAD’s should be scrutnized more than H1B’s as they are the real fakers.

    1. Desi Dude

      Instead of breaking your bangles here how about you complain to DHS of this ‘rampant’ fraud. You said 5 out of 10 H4 visa holders are working with fake resumes so you must know at least 45000 such people right? Go ahead and contact every news outlet with your data. We’ll be waiting.

    2. Aryaputra

      Its only indians that visit this page. You obviously are an Indian. And are showing exact same attitude. You dont need h4 ead, but it’s doing good for many others. You are one of those typical, who want the best for themselves. Nothing wrong with it. What’s wrong is you want best for yourself, and the worst for others. That wrong my friend. I would, but not my nature. So not gonna write anything bad for you. Just get the message

  8. Sam W

    H. R. 392 is dead in water at least for a foreseeable time.

    Congrats to all anti H1/H4 EADs. Great effort.

    Sorry we can’t change laws to let Indians dominate immigration for next few decades.

  9. Sam

    Hi Kumar,
    Have a very basic question, what do you mean by Consular processing ? Different from COS? Seen you have mentioned few times in your comments.
    My wife is on h4 ead and looking for backup options via h1b route.

    1. administrator

      COS means Change of Status, meaning when you apply for H1B you indicate in the application, if you want your status to be automatically from current visa status like H4 or F1 changed to H1B when your H1B is approved at the start date of H1B. Unlike, when you file a petition with Consular Processing, only you get H1B petition approval, but your visa status will not change in US. You will need to visit a US consulate to get visa stamped and then when you re-enter your status will change to H1B.

  10. H4 EAD job searcher

    I see so many people write ill of H4 EAD. Who ever is saying they are misusing I certainly don’t believe. With my personal experience it is very tough to clear IT interviews. Even if you have degrees, experience or even if you were engaged is some IT work on H4 visa. And minimum package offered after a work gap is 80k and above and that too in places like Texas where there is no state tax.
    Whatever I read above H4 EAD was completely false. Giving Skype interviews around 1-2 hrs and written test with video recording around 1 hr to 5 hrs written IT test.
    Even though I am ready for relocation and completely fine with any IT role and package then also clearing interviews is really tough.
    In 2 months after H4 EAD approval I got 100 calls relevant to my exp. submitted my resume to more than 100 job profile. Gave 20 interviews minimum. But they even ask me write code by screen sharing and on editor not on any IDE.
    Seriously don’t understand why people speak they are untalented, no degree , false exp. work on less pay. Everything turned out false.
    Stop insulting spreading rumors about it.

    1. Sam W

      IT job market is going down nowadays as the world economic. With H4 EADs entering to IT job market, US citizens / new graduates are facing a tougher competition.

      Under ‘American First’, H4 EAD must be removed.

    2. Kamlesh

      You must be joking. lot of H1b guys get only 70k even with wealth of experience because they get stuck in these locational and other restrictions. But you act like 80k is too low. It will only infuriate those candidates more. You know h4ead can become a permanent employee in many companies but a way more qualified h1b candidate cannot become. You basically depend on your spouse. Somehow your visa is more powerful than your spouse. There is no real logic. That is why this h4 ead needs to be removed. In the long run it is good for everyone.

      1. Desi Dude

        @Kamlesh: H1b guys making only 70k from CTS/TCS/Infy/Desi consultancies are the real problem here and your claim that people with a ‘wealth’ of experience only make such a lowly amount is just laughable. Do you have any idea how much the FAANG companies pay? You lot moved here from India and now suddenly you have ‘locational’ constraints? Just pack your bags and move back. Leave the H1b visas for the people who are well qualified and deserving. GO BACK and take your WITCH company ‘wealth’ of outdated skills with you.

  11. Hoper

    Hello Kumar,

    My H1B petition is picked in the FY 2019 lottery. There is no progress of the case and its still in the status Received. The petition is filed with change of status.

    My spouse’s i-140 was recently approved. Since the H4-EAD normal processing takes a year, should I apply for my EAD or wait for any updates from my H1B petition ?

    Any answers will be most helpful.

    1. administrator

      Well, H4 EAD gives you more options. Applying for H4 EAD should not hurt. If your H1B gets approved, then you move to H1B..if worst case, some issues with H1B and it drags, you would have H4 EAD and can work…Discuss with your attorney on the best options.

    2. Senthil


      ~I’m a bit baffled when I see questions like this posted on websites like this one and worse Quora. Please, remember, one mistake can disqualify you. Do you want the feedback of some random person on the internet? ( I am sure the person who runs this website is highly qualified. No offence to him/her)

      Can you not pick up the phone and call a lawyer. Most lawyers offer an hour free consultation. There are even Legal Websites where you can ask a lawyer a question like the one you have posted free of cost.

      In this draconian climate, I would think people would use common sense and err on the side of caution. Apparently not.

      1. administrator

        Agree. I wish, everyone would talk to their attorney, who is available for free for them…that’s the best thing to do…but, this is reality 🙂

  12. VV

    Hi Kuma,

    Both DACA and TPS were continued because of lawsuits when the Trump admin tried to end the programs.

    Assuming there would expect lawsuits for H4 EAD, what to expect out of that? Any delays? Can federal judge or similar entities interfere in that and stop trump or USCIS?

    Would like to know your thoughts on this if possible, many thanks.

    1. administrator

      It all depends on how it is justifiable in a court based on business loss, hardships, etc… It is too early to speculate, but depending on the outcome of the final rule, lawsuits may be filed.

    2. Senthil

      I do not think a lawsuit, in this case, would hold. DACA, Refugees, Asylum etc. seem legitimate cases where you can argue hardship and violation of human rights or violation of international treaty, law or US Constitution.

      If you pleas economic hardship then you are bolstering the case against H1B Visa and limiting its scope. The assumption is that H1B is used to fill high demand, low supply high-tech jobs, which in turn is reflected in the salary of the H1B employee.

      Also, it is hard to make a case to the judge that being a bored housewife or your loss of identity or being dependent on your spouse for financial support is a violation of your human rights! Neither can you claim discrimination or violation of rule of law? In fact, the immigration law which puts a cap of the number of Green Cards issued per year was being followed consistently.

      The mood has turned against tech giants. They are the ones who have been strongly supporting the H4EAD bill. So anything that seems to benefit those companies will be seen with scepticism.

      Finally, I have been against executive action precisely for this reason. It creates a lot of uncertainty.

      I am not trying to put a damper on your hopes. It could very well be that a judge puts a stop. But be ready.

      Also, every time you talk about H4EAD talk about the Greencard backlog since that is the underlying issue for handing out H4EAD. In fact, that is something that is entirely missing from all the conversations regarding H4EAD in US media.

      Americans don’t understand legal immigration and bureaucracy surrounding it. It is up to you to push for an agenda that is in your best interest.

      Good luck!

  13. Mario D'Souza

    Should I apply for h1B this year , I have H4 EAD till NOV 2021. If EAD is removed , will I be able to work till my EAD expires?

    Thanks a lot Kumar for all the help you are providing through this post.

    1. Desi Dude

      You don’t apply for your H1b, your employer does. With that being said, if you can find an employer willing to file an H1b petition on your behalf – you should go for it since there is a lot of uncertainty around the H4 EAD.

      No one really knows what will happen to existing EADs at this point in time, so it’s pointless asking for advice on it.

    2. administrator

      Still too early to speculate how they will handle the H4 EADs that are given. Well, you may apply for H1B, nothing is stopping you from giving it a shot, if your employer is willing to take that and proceed as risk mitigation thing. You may apply it as consular processing, just to avoid COS and use it only if needed.

  14. Rajesh

    What does one mean by “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. “?

    Has this anything got to do with new bill?

  15. Priti

    My H4EAD is expiring in June 2019. I understand that I can apply for extension 6 months before EAD expires. Is USCIS still accepting EAD renewals?

  16. Talha

    H4EAD has been proposed into Federal Register on November 16, 2018. Hopefully, it will available for public comments soon


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