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H4 Visa EAD 2021 News – Lawsuit Status, Biden Administration Actions

H4 EAD News Update :  The most recent update was when Join status report was filed in Lawsuit by DHS. See below sections for more details. 

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.

Latest H4 EAD News Updates, Summary :

Below are the most recent H4 EAD News on various fronts. 

Impact of Biden’s Win on H4 EAD program 

The original H4 EAD was created under Obama-Biden administration. So, Biden win is a positive thing for H4 EAD program. What we do not know is the Court situation.  On Jan 25th, 2021, OMB has withdrawn the H4 EAD Removal rule.  DHS has to defend their action now in court, in the past they said they plan to cancel it and had regulatory agenda item as well.   It will now boil down to the court arguments and how the facts are presented. We need to wait and see, how this whole thing works in court. 

H4 EAD Rule Removal – Rule-making Process  :

  • May 4th, 2021 : No new update since the withdrawn status. 
  • Jan 26th, 2021 :  Finally, on Reginfo.gov we have an update on the H4 EAD Rule removal. It status says withdrawn and the OIRA concluded the OMB Review ( EO 12866 Regulatory review ) on Jan 25th, 2021.
    • The withdraw status means that DHS does not plan to pursue the H4 EAD rule removal anymore. It is a big positive thing for H4 EAD holders. 
    • There are no additional details given regarding the rationale of OIRA to withdraw the rule. See below screenshots and check official  Reginfo.gov website H4 EAD Status 

H4 EAD Rule removal OMB - OIRA withdrawn status - Jan 2021RegInfo - H4 EAD Revoke Rule Withdrawn - Jan 2021 Update

  • Jan 2nd, 2021 : No new update on the rule making in the last few months since July 2020 until Jan 2, 2021.  It is still on hold with OMB for further review.
  • June 30th, 2020 :  Spring 2020 Regulatory agenda was announced with H4 EAD removal in that list.  This is not the first time that is happening, it has been there since Spring 2018 agenda, until this agenda. The dates has been moving. Now in this agenda, they have moved the date for publishing the rule for public comments to September 2020. See below screenshot  Nothing changed, still the status is with OMB and no changes on the same. We continue to wait. See
    • If any news article states, DHS Plans to remove by Sep 2020, that is wrong, it is only the NPRM ( Notice for Proposed Rulemaking ) date for public to give comments. 
    • You can check H4 EAD Predictions Timeline with projected dates, based on if they publish it by September 2020, when we can expect the rule to be removed.   
    • Read More at Spring 2020 Regulatory Agenda H4 EAD 
      H4 EAD Spring Regulatory Agenda
  • June 29th, 2020 :  No new update on the H4 EAD removal rule making yet. It is still stuck with OMB.  Trump Signed Proclamation banning Entry of H1B, H4 other visa holders without valid visa on day of proclamation. There is no direct mention of H4 EAD in the proclamation, but it is speculated that they banned H4 entry due the H4 EAD option for few and they can impact the job market.  It is instructed to DOL, DHS to look into work visa programs, so we need to see how this will impact H4 EAD.
  • Jun 14th 2020:  There are rumours that H4 EAD removal could be part of Trump Executive Order, so far we have no update on the Executive order.  There is no official new update in June yet on the rule removal of H4 EAD.  Nothing changed in May and April with the H4 EAD Rule removal.
    • USCIS updated in their court brief on May 4th saying that they plan to publish the H4 EAD revoke rule in Spring 2020 agenda and publish the rule for NPRM soon. As of now, it is still in same pending state. USCIS is really busy handling cases with various visa situations tied to COVID-19 related B2, H4 extensions, updates
  • March 30th, 2020 : Nothing happend in March with Rule making. to remove H4 EAD. There was nothing in Feb and Jan 2020.  It has been stuck with OMB. The original planned NPRM date for H4 EAD rule removal was in March 2020, but with the coronavirus situation, nothing moved. 
  • November 21st, 2019 :  H4 EAD rule removal continues to be part of the Fall 2019 Regulatory Agenda.  It is mentioned with a NPRM date of March 2020, which is in-line with the DHS info given as part of the lawsuit.  No changes are done to the H4 EAD rule yet. Being part of the regulatory agenda just means that it is still a priority for DHS, nothing more than that. Indian media and other media create hype and write lot of misleading information confusing everyone and creating panic, do not fall for that. Nothing has been done.  This rule has been on every regulatory agenda since Spring 2018, so nothing to panic…still long way to go.  You can check out the full details at : Fall 2019 Regulatory Agenda – H4 EAD, H1B, F1, USCIS changes  . Below is the date of march 2020 Fall 2019 Agenda item for H4 EAD rule removal
  • November 13th, 2019 : The Reginfo.gov website has a new update on the rule revoke, where Infosys has scheduled a meeting with OMB. This is part of the standard process to hear from stakeholders on the rule changes. See below and check Reginfo.gov H4 EAD rule revoke - meeting with Infosys - Nov-13-2019
  • November 8th, 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 
  • 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:

  • May 4th, 2021 : The reports as per the schedule from March 5th, continue to be filed by both the parties. Will be updated after we review the documents.  
  • March 5th, 2021 : A Joint status report was filed by DHS with the below dates for the future.  We will keep you posted with the updates. 

Joint Status Report H4 EAD Lawsuit March 2021

  • Feb 14th, 2021 : No new update in the lawsuit since October 2020 until February 14th, 2021. The case status is as it looks October 2020. There is no update on the status.
    • There were two updates in February 2021 related to attorney appearances in the case. They are just administrative processes related to representation in court. But, no real update on the case judgment or progress on the same. 
    • As DHS has withdrawn the H4 EAD rule removal from the rule making process in Jan 2021, they need to justify their action in action. In the past their stance was different. We need to wait and see how the court reacts to this.
    • We may some action now that DHS was withdrawn the rule making process to revoke H4 EAD. We may see Save Jobs USA file some motion on this.  February 2021 H4 EAD Lawsuit update
  • October 5th, 2020 :   There was a joint status report that was filed in the court indicating the status of the case. The status document tells the state of affairs with the case. No decision in it. As per the report, Save Jobs USA wants decision on this soon.  But, the intervenors want the case to delayed as the president election is upcoming. DHS says they are OIRA does not have time to work on H4 EAD case due to priorities with COVID-19 situation.
  • September 30th , 2020 : No real update in the court case. There are some minor changes in attorney’s representing the case. That details are updated to the court. You can see below. But, in terms of the lawsuit status, nothing has changed. There is no response on the injunction order. See below screenshot on the updates timeline in September. H4 EAD updates September 2020
  • September 15th, 2020 : No relevant update from the court in September in terms of the case, except minor change in attorney details. We continue to wait. Below are more details. 
    • There was one minor change in attorney details submitted to the court for the intervenors. See below history of the case. H4 EAD September update change in attorney
    • It is stuck in same status as before. No response on the injunction order to stop H4 EAD by district court. If it is not a priority, court will not process Injunction order. Based on it being on hold for so much times, it seems like not a priority for court for injunction order to stop H4 EAD. 
  • August 30, 2020 :  There was no update in August and July on the lawsuit. 
  • June 29th, 2020 : Below are the updates on the court case
    • Immigration Voice/ Intervenors filed Supreme Court’s DACA Judgment Document on June 23rd, 2020 to be considered by the court for their future decisions as they believe it is an important decision to consider. 
    • The reason they filed the document is that Save Jobs USA argued that DHS exceeded their authority and issued H4 EAD and they referenced DACA case in the past. Now, Immigration voice want to make it clear that from DACA decision from Supreme Court that they did not evaluate the work authorization granting authority of DHS in the decision of DACA. 
    • This is to not a positive or a negative factor in the case, but a neutral point and DHS authority is not evaluated by other court.  See below screenshots.  
    • So far, the court has not acted on the Injunction request to Block H4 EAD that was filed by SAVE Jobs, we continue to wait on that. H4 EAD June Update - Court Document Immigration Voice DACA
  • June 14th, 2020 : No new update yet from Court in June Yet. We are waiting since May 8th  on the response from court. See below screenshot.  We are waiting for Court to respond on the Injunction order request by Save Jobs. Latest h4 update case - May 2020 Court Docket
  • May 11th, 2020 : Save Jobs has filed response arguing against DHS and Immigration Voice, intervenors asking for injunction order to stop H4 EAD. Read Save Jobs USA response to DHS, Intervenors for Injunction Order 
  • May 7th, 2020:  DHS and Immigration Voice submitted their response to Save Jobs USA request for Preliminary injunction to stop new H4 EADs and Extensions, if the case is stayed ( activities are suspended ) by court. There is a lot of misleading information published by Media outlets telling DHS stance has changed and they have told that they will not revoke H4 EAD, this is not true. DHS Stance has not changed. They plan to revoke H4 EAD as per their plan and currently plan to publish the H4 EAD rule revoke item in their Spring 2020 Agenda item as per plan.  The context of DHS stating that H4 EAD does not cause irreparable damage was only for injunction consideration…Without context the meaning changes and many have twisted the truth.  Read Complete Summary of H4 EAD for March to May 2020 – DHS Response for full clarification
  • April 20th, 2020: There were a lot of updates on the court case side in the last 30 days. Unfortunately, we all were tied up with current pandemic situation and missed to post updates. Currently, court has given dates for all the parties to submit motions and case details. The deadlines are for Immigration Voice, it is April 20th, Response by Save Jobs due by May 4th. We will post full updates on this soon. Stay tuned. For now, below are the case action summary for your review directly from court. H4 EAD Court Updates April 2020
  • March 16th, 2020 : No new update in March yet. Either of the parties are yet to file the documents. Only the appointment of the new trial lawyer is done by DHS so far.  
  • Feb 24th, 2020 : The district court received the judgement order from the appeals court and also court informed that DHS appointed Trial lawyer Joshua S. Press as the new Counsel for Defendant. Neither parties have filed any documents yet.  See below screenshots of the latest update details from Feb last week. H4 EAD Case Update March 2020Update on H4 EAD Lawsuit from Feb 2020
  • Feb 11th, 2020 : The appeals court on February 7th issued a formal mandate on the previous judgment given in November 2019. Basically, a mandate is nothing but a formal order from appeals court telling that their process is over and the judgment is final from their side and it has to be taken up by the lower court. The Mandate document is filed after the re-hearing requests deadline is passed. As you know re-hearing requests were filed by DHS and Immigration voice, but they were denied by court. Hence, Appeals court ultimately issued the formal mandate/order to the District court to take the case further.  Now, the next steps will be from District court where the merits of the case would be looked at…. It is going to be a long process as well…We need to wait and see… Below is the screenshot of the formal mandate from the appeals court. H4 EAD Court Case February - Formal Mandate by Appeals Courtmandate issued in case - history of H4 ead
  • January 27th, 2020:  Court responded to the rehearing request by Immigration Voice on Friday, Jan 24th, 2020. It was denied by Judges and panels. There were two court orders that were released denying the re-hearing petition by Immigration voice & intervenors. See below.  Next step is for the case to go back to district court as the re-hearing request is denied.  Jan 2020 - H4 EAD Case Court Order Rehearing Denied Jan 2020 - H4 EAD Case Court Order Rehearing Denied - Second OrderJan 2020 Court Case H4 EAD - Updates Info
  • December 30th, 2019 :  We had updates on the lawsuit, where motion was filed by DHS for extension of date for rehearing, which was denied by court. Also, Immigration Voice also filed for rehearing challenging the judgment by appeals court.  Check out the complete details at  H4 EAD Lawsuit – Rehearing Requests, Court Order Summary .  Below are the various timeline of events filed with court. H4 EAD Lawsuit updates Summary - Dec 2019
  • November 8th, 2019 : Court gave Judgment today in favor or Save Jobs USA. The H4 EAD Case will be sent back to District court for next steps.  This win for Save Jobs does not mean that they got the case in their favor, all they got is a win in Appeals court for them to go back to District Court and contest the case again.  District court will review the case again in detail. So, it will be dragged further. See below and  Read H4 EAD Lawsuit – Court Judgement Summary  H4 EAD Lawsuit Court Judgment by Appeals Court
  • November 4th, 2019 :  No new update last week. The most recent update on the case that transcript of Oral Argument was entered on Oct 22nd. It does not really mean anything in terms of the decision. Just a process thing for the court.  See below. 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.  You can see below screenshot taken on Oct 28th, 2019, which says the update is from Oct 22nd, 2019. H4 EAD Update October 2019 - Transcript updated Court
  • 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. 

General H4 EAD News   :

  • May 4th, 2021 : No new general news on H4 EAD in last  year or in current year in last few months. Now with COVID situation, the biometrics appointments are delayed and ASCs are slowly opening. 
  • Dec 30th, 2019 : No general H4 EAD news in December yet. Nothing in November, October and September.  Below are some general updates from previous months.
    • H4 EAD Processing time Delays Lawsuits : Since June 2019, Immigration Law firms like RN Law firm in Houston, TX have been filing H4 EAD delays lawsuits every couple of weeks…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. You can check 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

Check full detailed updates in below timeline.  Scroll down bottom for latest H4 EAD news update. Join 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. 
  • November 4th, 2019 :  No update from the court on the judgement until today. 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. 
  • November 8th, 2019 : Court gave Judgment today in favor or Save Jobs USA. The H4 EAD Case will be sent back to District court for next steps. See below and  Read H4 EAD Lawsuit – Court Judgement Summary 
  • November 10th, 2019 : There is a minor update on the Reginfo.gov website that indicates that there is a stakeholder meeting scheduled with Infosys on the H4 EAD Rule revoke. Details are at Reginfo.gov
  • November 21st, 2019 : H4 EAD rule removal continues to be part of the Fall 2019 Regulatory Agenda,   read beginning of article for summary info.
  • December 30th, 2019 :  There were motions filed for rehearing in the case and court denied request by DHS. They are yet to respond to Immigration Voice’s request for retrial. See above in the beginning of article for more info.  We continue to wait on the rule making side.
  • January 27th, 2020:  There were two court orders that were released denying the re-hearing petition by Immigration voice & intervenors.  You can see above in the beginning of article for the screenshots of orders. Next step is for the case to go back to district court as the re-hearing request is denied. 
  • Feb 7th, 2020: On the court side, we had mandate / order issued by the appeals court on February 7th, directing that the judgement from last year November holds and the district court need to take up the case. See the beginning of article for screenshot and update. 
  • Feb 24th, 2020:  There was an update in the district court that they received the case from appeals court and DHS appointed new trial lawyer, see above for details.
  • Mar 17th, 2020: No update in March on the H4 EAD removal rulemaking side, we were waiting for  OMB for update. The court had some updates on the case, see above article. 
  • April 20th, 2020: We had many updates in April and March end in Court case, but nothing moved in rule removal. Check above page first for summary. 
  • May 7th, 2020: We had an update from court on Lawsuit and many documents were submitted by DHS, Immigration voice and Save Jobs. Check beginning of article for update and summary.  
  • June 29th, 2020: Immigration Voice filed DACA judgment document last week as a supporting document. Also, we wait for the court to respond on the injunction order request and the H4 EAD rule stands as it is in pending state. Check beginning of article for update and summary.  
  • September 23rd, 2020: No new updates in September yet. 
  • Jan 2021 : Check beginning of article for latest update. 
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What is the H4 EAD Removal Estimated Timeline, Predictions ?

Update : On Jan 25th, 2021, H4 EAD Removal Rule was withdrawn after Biden Administration took office. 

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 2021 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 2021 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 2021. 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. H4 EAD removal rule was withdrawn by DHS on Jan 26th, 2021. Unless courts take any action in future, everything will be normal. As of today, you can continue to file H4 EAD.

When was H4 EAD Removal Rule withdrawn by OMB ?

On Jan 25th, 2021, H4 EAD Removal Rule was withdrawn after Biden Administration took office. 

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

Yes, it H4 EAD rule is still valid. The H4 EAD rule revoke process was withdrawn on Jan 26th, 2021, after Biden administration took office.

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

No, very unlikely. The H4 EAD rule revoke was withdrawn on Jan 26th, 2021, after Biden administration took office.

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 Status ? Court ?

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, Spring 2019 and Fall Regulatory Agendas  indicating their intent to remove the rule and communicated the same to Court in the lawsuit hearings.

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 H4 EAD rule removal item was sent to OMB for review on Feb 20, 2019 and many meetings were held after that as well. Eventually, after a very long wait after Biden administration took office, the H4 EAD rule removal was withdrawn by them on Jan 25th, 2021.

On the lawsuit front, the judgment was given by appeals court that Save Jobs USA has standing in the case and it is now sent to District Court for further steps. The re-hearing requests in Appeals court were denied and the final order was sent to District court on Feb 7th, 2020. It is now being handled in the District Court. There is no update on it since October 2020. We continue to wait. Now that DHS stance has changed and they do not plan to revoke H4 EAD rule, they need to give justification in the Court.

As it stands today, you can apply for H4 EAD and work on the same, nothing is stopping you from that until Court rules any decision on this.

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


Other Articles


  1. My personal suggestion with personal exp.
    Try to comprise with position, package and location. You will crack the interview. If you are very rigid then it’s tough. Even rich celebrities sacrifice after marriage , try to be happy with what you get after such a long work gap.

    • Hello,

      First of all, I strongly believe none should generalize things such as: fake resumes, low income etc, these things have happened but doesn’t mean all are doing it. No system is perfect. I even know people who are citizens but fake resumes just to get a good job or coz some consultancies push them too, i know people who are citizens but still working on a low wage job because of some personal issues.
      As much as i am sad that H4Ead is coming to an end, i feel we all are responsible for that, things have happened in past that is damaging the present and future.
      Hatred won’t help any of us, i just hope and play this gets delayed as much as it can or atleast we should be allowed to work at least till the EADs are valid or they should give us some time may be like an year rather just ending things over night.
      Good luck to all of you.


  2. I guess one simple question, there are so many people who enter faking reservation quota, so many who illegal immigrants working in USA, so many get married only for work visa… so many doesn’t have computer degrees are working in IT industry in India and USA…

    May I know why there is immense hatred only for h4 ead in entire world?

    Many H1b people got visa by false means.

    H4 women only fault was they left there flourishing career their family for a man who wanted to work in US…

    Why you want to them to be in House arrest jail?
    Why you want them to be dependent on their husband all their young age, only in Middle age they wil get GC, all experience will be useless by then….

    Should I divorce my husband and go back to India with my kids???
    Kindly give me suggestion….I want to work till I am healthy……….only desire in my life

    • I feel we indians on h4ead is also partly responsible for this. I am on h4 EAD searching for job. I have 6 years of career gap due to h4. I updated my resume on many job portals. I was contacted by more than 200 desi consultants and every single consultant contacted me suggested me to change my resume to fill the career gap. But I am not ready to fake my resume, so I am still in market even after 6+ months of job search. Most of the companies are not considering h4 ead person for full time job. So only option left is consultancy firm. We should first stop faking in the IT field to gain some respect.

    • Most of the folks in the forum understand your pain. But people should realize that it is not the end of the world in not working. By all means , H4 EAD is not dead yet. I am sure things will turn around. Good Luck !

  3. If there are only ~30 – 40K who are affected by the H4 EAD revoke rule, then I do not understand why there is so much fuss about it.

    That is not even ~1K per state or per to say approx 300 per major city in each state considering there are only two major cities where most of the jobs exist.

    SAVE Jobs USA is petitioning this for over 3+ years and submitting thousands of paperwork, filing lawsuit to displace 300 immigrants per city.

    It all seems like a joke to me.

      • I have one. That’s why I am complaining about those ppl who are against H4 EAD. Be it citizens or other work visa holders (OPT, CPT, H-1B, etc).

        And, pertaining to the fake resumes issue, how is this has become a concern for those who claim to be on “Specialty Occupation”.

        Stop joking around and complaining about H4 EAD.
        Grow up !!

    • Hi SmartDesiDude,

      As of now the pool is less . Down the line in 5 years its going to be very large.
      Then H4 EADs will be tough fight for H1Bs and Citizens . All major employer will prefer H4EAD instead H1-B & Citizen. Eventually Most of the H4 EADs will come and give a try in I.T industry . They will need smaller package . So employers prefer H4EAD compare to H1-B.

      Its gonna be whole lot pain for H1-Bs in another 5 to 10 years if H4 EAD is not revoked now.

  4. I think there is new form released along with Biometrics and additional fees. H4EAD is almost anything but dead. Its a sad day for lot of us. I bought 3 homes and renting 2 homes hoping that EAD will continue , now I had to sell them off , since I filed for H1 extension and RFE on it. Lesson learned ! You folks learn from me too. Don’t buy homes , people around you can be bad influence.

    Greed is always out there waiting to get you !

    • you are such a looser. you are here to work , not to work as a realtors. if you want to work as a realtor then why coming here and discourage others, you are not fit for H1b jobs that’s why they denied. you can go back your home and upgrade your technology.

      • Today I considered myself enlightened. That’s the word I was searching for “Looser”. I have the right to buy any number of homes. My homes are in Pending for Sale. If I am able to sell them at the listed price. I would make good money.

      • You are correct sir. I am on H1B for a desi consulting company ( H1B dependent company ) and 2 vendors in between the client. I am a typical programmer with terrible english and middle aged indian guy and whose wife is on H4 ead with 2 kids and unmeasurable greed. But unlike many of you, I am not ashamed to be this. I do save every penny to keep buying low end homes and try to rent them out and hoping that I will make enough money to Telugu movie or become MLA. These are all the dreams I had now they are all burst with EAD removal. I still won’t give up.

  5. Please sign and share with your family and friends :-


    • Guys,
      i don’t see any movements on signed petition . don’t rely on that. most probably h4 ead will be stopped on or before July 2019 as per the current pace unless anyone filed any complaint against court decision. Its difficult to defend now on DHS decision. Most probable they will allow users EAD until its expires(less chance)

        • Desi Dude @ Well then just don’t discourage people though?
          hahaha not highly don’t worry haha.
          How is this extremely sexist and offensive comment still here and not deleted by the admin?
          bahaha love you see you incompetent folks writhing with agony as competition increase didn’t you promise your VO that you will leave after you
          complete your studies here?
          You probably have been a Frog in the well for the last 20 years.

      • I think there is new form released along with Biometrics and additional fees. H4EAD is almost anything but dead. Its a sad day for lot of us. I bought 3 homes and renting 2 homes hoping that EAD will continue , now I had to sell them off , since I filed for H1 extension and RFE on it. Lesson learned ! You folks learn from me too. Don’t buy homes , people around you can be bad influence.

        Greed is always out there waiting to get you !

  6. Most of the H4Eads , H1Bs and OPTs haven’t seen the earlier recessions ( dotcom and great recession ) with huge job losses and its impact. At this moment we are all talking about just the Status , but when any kind of recession hits in the next couple of years , the job losses will result in even more stringent rules from USCIS/DHS.

    In that cases , since H4 EADs are highly talented , the families would depend on them.

  7. Those on Students visa / OPT/ F1 . Remember you may need this H4EAD in future . People complaining about fake resume’s ? I want to ask them how people with fake resume crack the interview at first place.
    Those crying about Low wage income ? I guess they themselves are earning millions 😀 . Everyone should have right to work and you are no one to comment negative on that. Things you give out will come back to you one day .

    • starting 2015 till date ,around 90K ead got approved. but in 2018 only 6500 got extended till date as per data. there are many unused ead and other scenario here.I don’t know why there is so much talk about this.i think we should provide everyone here to work instead of complaining each other. this is good for everyone in future. the same boat for everyone here H1b,l2 ead , opt etc. always welcome to modify h4 ead rule to match with others. some pathetic and arrogant people like H1b against this . anyway if you think about negative , for sure your visa also got rejected soon . lets watch.

  8. First wave of H4 EAD’s got opportunities and as time progressed , it’s true that just like OPTs and H1Bs abused the system to obtain jobs . Lot of fake H4 EAds resumes popped up and eventually they dominated the job market. Consultancies loved them , they work cheap no processing fees. The fact is that they retained their jobs , which mean that lot of OPTs and H1Bs jobs are not speciality skilled ( like they claim highly !!!!!!!!!!!! skilled ). I support H4 eads , the way the administration should handle is that if H4 EAD can do certain job , then that should be removed from speciality occupation for H1B s and OPTs

    Jai H4EADs !!!!!!!!

    • How do you think so? There are people who were working on H1s and now working on H4 EAD? Do you think they faked their resume? Do not generalize as it would be a very minor population doing what you are saying.

  9. GUYS ON H1B AND OPT AGAINST H4 EAD: Think about your own future. You are going to get married(hopefully), and you will get green cards filed someday(hopefully too, lol). Under EB2, you will have to wait 30-35 years minimum before you get it, easy!
    So for short term benefits of H4 EAD removal, would you like to live in US rest of your lives where your spouse is going to bring home $0?
    Just think about it. Dont reply to my post. You wont get small by changing your mind, as long as you change it in good time, and then, you will keep feeling stupid rest of your lives.

    • What you said is correct. When H4 EAD came in to effect, everyone was out of joy. That was a real blessing . As a person working in IT field, after that what I observed was many indian women started coming to IT field. Many of them were from non IT related back ground( teachers, BA, BSc, nursing degree,medical related) and they felt and said computer related jobs(Database admin, junior development, QA, BA) are the easiest jobs to get. There were many training centers available for H4 EAD holders to get them trained and some of them have done proxy interviews too. With a fake experience of 1-2 or more than that, many H4 EAD holders misused the blessing they got. US citizens can also work in these IT fields for these same jobs with training. First of all most of them don’t like to cheat or fake resumes to get this job. May be their laziness too. That’s not the matter here. Even if you don’t have a doctor degree, but if you get trained in prescribing what medicine to give or how to handle patients you can survive if you don’t attend critical patients. Same thing here, with good training and help from colleagues, spouses, friends and training centers all are surviving. And people started turning against H4 EAD when they realized what’s going on. Now most of the IT jobs are in the hands of H4 EAD people, consulting companies prefer to avoid OPT’s or H1B’s considering the visa hastles and the fact that H4 EAD has no minimum wage restriction and above all majority of them are willing to work for what minimum rate they are getting.

      I strongly agree there are genuine candidates and I can understand the tension and stress they are going through. Instead of revoking H4 EAD I would really like to see some thing coming up to keep the EAD’s with restrictions, like if they are working in specialized education jobs, should prove that same as H1B and OPT does.

    • Time waste.. It’s decided and for sure no F1 and OPT will support this. Forget them.. not even H1 folks who ultimately would be beneficial in the future are not supporting H4 EAD with the impact H4 EAD has created. H4 EAD is balck magic of previous administration!!!

  10. I don’t think the signatures for not to revoke the H4 EAD does not have any sense. The petition needs 100,000 signatures but it got only 34,000 signatures so far.
    There are 2,00,000 approved H4 EAD with 55,000 adding every year as per the estimates. Overall there should be more than 500,000 EAD if the spouse of H1 with 140 waiting for green card. This clearly indicates either there is no interest in supporting H4 EAD or in the immigrant community both of them are on H1. Overall revoking H4 EAD seems to open up the job market especially many fulltime jobs as the employers were encouraged to recruit H4 EAD as there is no cost to company and there is no wage constraint, relevance of education or scrutiny for speciality occupation.

    • Don’t spread any fake news about h4 ead. there are people working hard for companies . This is your inferiority complex that you won’t get any other job .H4 ead available for guys waiting for green card for a decade now.

      • H4 ead being utilized by small number now due to H1b denial . many of them not using H4 ead and keep idle and back to home country. i believe they should modify rule like minimum hourly rate to support people waiting for GC. I think it’s unfair for H4 holder’s to wait for so long to get permanent residency,

        • What is fake?

          FirstPost says there are more than 100,000 and beides this there are many who took the EAD and never worked.


          From OMB:

          DHS anticipates that there would be two primary impacts that DHS can estimate and quantify: the cost-savings accruing to forgone future filings by certain H-4 dependent spouses, and labor turnover costs that employers of H-4 workers could incur when their employees’ EADs are terminated. Some U.S. workers would benefit from this proposed rule by having a better chance at obtaining jobs that some of the population of the H-4 workers currently hold, as the proposed rule would no longer allow H-4 workers to enter the labor market early.

    • If there are only ~40K who are affected by the H4 EAD revoke rule, then I do not understand why there is so much fuss about it.

      That is not even ~1K per state or per to say approx 300 per major city in each state considering there are only two major cities where most of the jobs exist.

      SAVE Jobs USA is petitioning this for over 3+ years and submitting thousands of paperwork, filing lawsuit to displace 300 immigrants per city.

      It all seems like a joke to me.

  11. No more fake H4 EAD taking H1 and entry level F1 jobs anymore!!!

    Just because H4 EAD have no processing fee, their Billings are less, they does not need the speciality occupation and doesn’t need relevance of education does not mean they can be hired for our jobs and rule over us.

    Pity as many of these well educated folks working in Walmart, Kroger etc and taking away the unskilled American jobs and pumping the hatred in the society.

    This is the time we bid good bye to H4 EAD. They never supported the OPT EAD when it is in jeopardy. Ever since H4 EAD is in market employers started to exploit the H1 and F1 folks. Who in the world can take a software job for 50,000 dollars per annum in California.

    Express your views and fight against H4 EAD. No need to support as they are just fellow Indian or Chinese and you will have the same privilege in future. Infact we have seen it’s questioning the existence for H1 and F1. Let’s bid a good farewell to H4 EAD in commenting period.

    • hahaha look at you incompetent people fearing for your jobs. If you are not highly-skilled then your H1 extension will be denied any way by Trump babai so don’t worry, H4 ead can stay or go but you are getting kicked out anyway. haha.

  12. I think it’s unfair for H4 holder’s to wait for so long to get permanent residency, does that mean its end of the world. Answer is NO there is always a choice.

    So there are two choices here.
    1) Figure out a way to stay

    1.1) Reach out to your local congressman and ask him to co sponsor the bill introduced in Jan 2019.
    1.2) Put your comments when OMB opens up for comment.
    1.3) If you have money to invest there are other options , you can be entrepreneur.
    1.4) Stop faking your resume so that you compete as who you are and locals should not develop hatred. This country is giving you a lot so don’t spoil this one, you have already done that to one if you remember. (your home country)

    2) Figure out a way to go
    2.1) Try a different country if you are talented any country will be happy to take you in.
    2.2) Try the home country over there also you can work and earn good living.

    Take your life in your hands instead of whining about it over a forum.

    • Talking about righteousness and fair chances then 1st step will be to close all f***** desi consulting companies.
      and all their employees.
      These fekus are the one who spoiled the market.

      • True !!

        I believe the people they employ are not even eligible to work with companies in India. I don’t even understand how they cleared their masters.

        Some of the candidates are really good with few years of experience in India , then get their masters or directly come on H1

        • That is so true. Desi Body shops and visa hoggers like TCS, WIPRO are the real problem here. People who work for those companies are not even comparable to legit companies like Amazon, Microsoft etc.

  13. Hello,
    Recent changes to h4 (i539) requires biometrics. My question is

    If one applies for h1+h4+ead together in premium(assuming premium is there). Obviously with biometrics requirement one will not get the decision in 15 days. In this case H1 could be approved in 15 days. When processing h4 comes, biometrics request would be issue. Once biometrics is submitted, how much time do we anticpate that USCIS will take to process h4 & ead?

  14. Opt and H1 folks whose spouse is not on H4 EAD.. Isn’t this our chance to express our views against H4 EAD flexibility. Are not we hit with the low billing rates ever since H4 EAD are in market? Are our chances of getting job or changing jobs getting slim with H4 EAD. Did you ever heard a H4 EAD getting a speciality occupation RFE ?
    Aren’t the employers exploiting the H4 EAD as they can be paid low?

    This is the time to express our views. Do not let the inexperienced rule over you.. Do not miss your chance to comment in the commenting period. I see a petition supporting H4 EAD getting as few as 30,000 signatures despite the weekend. This itself is a proof that there is a silent wave against H4 EAD in majority of F1 OPT and H1 folks. Do not sign it if you don’t want to or even if you sign it please do express your views on the minimum wage level, relevance of experience. Do not let H4 EAD take over your jobs just because there are ton of rules on H1 and F1 OPT and there are no rules. Especially, H4 EAD has no speciality occupation, relevance of education, no minimum wage level and they have the flexibility to change employers and leave their job anytime which is why employers choose them over you. Also we see how many fake resumes float in market as there was no scrutiny over them.

    Let them keep their H4 EAD but not without any restrircitons. We have see how horrible it is to switch jobs for H1. We were one in hundreds and rarely would we get a chance to covert the calls to interview despite having experience just because the notice period, wage level and uncertainty in the petition processing being a hurdle while our peers enjoy a three year flexibility on their EAD.

    The rich gets richer and the poor gets poorer.. That’s very true in H4 EAD as many of them despite having good educational background work in irrelevant fields. Many working in Walmart, Kroger etc taking away the poor and unskilled American jobs giving a chance for increasing hatred toward the Indian and Chinese community and impacting our H1 approval chances. See the stats of H1 approval going low ever since the H4 EAD is in market.

    • True.. In my previous company we have scrum and there are 4 H4 EAD Aunties on contract who seems to have no experience at all. They used to whisper and tell the status to themselves in our scrum meeting. They go to lunch together and boast about their husband’s success, their kids stories all the time. I’m frustrated but could not utter a word with their husband’s working next to our team.

      When I tried to switch jobs our Desi vendors were asking for H4 EAD.. It took a while before I could change my job. Most of the desi vendors were negotiating on billing. I can’t work for peanuts like H4 EAD’s. I have a family to support.

      Surprisingly, I was getting whatsapp messages to support and sign the petition and I know what is going to happen if H4 EAD is not revoked. In future, my wife may not work but I am okay even she doesn’t rather than me working with H4 EAD’s and take the blame while these Aunties chit chat on how to make curries, what to wear for Diwali and where to meet for kitty party. Enough is enough and time has come to say good bye to these H4 EAD aunties.

    • The initial issue with H4-EAD was that they are consuming low level american jobs, but now you are saying that they should not be allowed to do special occupations jobs as well.

      Tell me whats wrong if a H4-EAD person is doing special occupation job like a software engineer?

      So, you don’t want H1B holder’s spouse to work in software industry and instead hire a new person from india/china with same skills so that when he comes to US he/she bring 4 family members along with him/her and create more problem for non-skilled jobs (once they get GC)?

      Here is my strong opinion on H4-EAD
      Let H4-EAD to work only in specialty occupations so that no new immigrants come to US that will minimize the burden on other jobs for which Americans are already available to do the job.

    • bahaha love you see you incompetent folks writhing with agony as competition increase with the influx of people on H4 EAD. If you are on H1b and are ‘highly-skilled’ then what do you have to fear? If you are on OPT, didn’t you promise your VO that you will leave after you complete your studies here?

    • What does highly skilled mean?
      Doing BDS in India and keeping fake experience of 10 years in US.
      Is this what highly skilled mean.

      Why are you so afraid when I say the H4 EAD has to go through the same scrutiny as H1 petition needs to be!!!

      That itself is an answer that at least 80 percent of H4 EAD are not eligible in the first place.

      Why does a highly skilled need to take a Walmart job or be afraid to go through the scrutiny of wage level, speciality occupation and relevance of education!!

      Either H4 EAD or H1 or F1 are all immigrants. H4 EAD should be brought under the same umbrella as H1.

      What is the difference between a spouse of H1 with 140 and without 140. Any desi consultant can drop in a perm petition and in less than 18 months one can have 140. It’s not a trump card to play against other H1 and F1 folks.

      Fairness is not just to the Americans or buy American hire American. The removal of H4 EAD or streamlining it defenitely bring fairness to the F1 and H1 folks.

      Sarcasm is not an answer and it ends in regret when the actual implementation happens.

      Let Truml give some parental love to those kids!!

    • Fix your English before blaming H4 EADs for taking your job or making it difficult for you to get a job. Excuses are only for losers who blame everybody and everything but themselves for their failure in life. Full disclosure, I am an H1B and I have full confidence on my abilities and skills.If you know what you are doing , you should not be worried about your fellow H1, H4 EAD or TN counter part.

    • Technically, they did not file any lawsuit, but they got yes from court to submit their brief as a third party. Their due date for submitting the brief is in next month, check above latest update for dates.

  15. This is petition for not revoking H4EAD to white house. Sign it and save it.

    *Keep the H4 EAD, please sign the petition, we need 100k Signatures by March 24, 2019, to get a response from the White House PLEASE SHARE*

    • Guys its 2 step process, to sign petition.
      1. Click sign petition.
      2. You will get a confirmation email, please click the link in email.

  16. Better to abolish H4 EAD. Opens up the job market. Good for the economy.
    These h4 EAD are used by folks where their spouse is working (so, its considered double income). There are many folks who dont even have a decent job. I support H4 EAD removal.

  17. Thanks for the clear, latest and detailed illustration of the events unfolding regarding this issue. It is unfortunate that most news media pages are filled with incomplete information, creating panic. I just wanted to take a minute to appreciate the kind of data driven page this is, with legal references backing the information posted.

    I implore you people at redbus2us.com to create a similar page for the ever changing world of EB5 visas as well. We are considering it as a backup option, and I am appalled to see that the first 4-5 google pages just show companies that want you to invest with them – there is hardly information about the process or the changing laws or anything authentic in there. All you see is a huge pitch by hundreds of these companies, and it is difficult to dig in to find the actual information about the visa itself. It would be great if you could have a one stop page for EB5, the way you have for H4EAD. Thanks!

    • Thank you Dipti for the kind words ! Yes, media is all about hype and big headlines to panic people without clear references. Sure, we will explore that option.

  18. Im currently on H4EAD, working full time. This really concerns me since filling for H1 by my company isn’t an option and this really is putting me in immense stress as i fear loosing my job over the status. Any insider news on how soon this may take effect? My current EAD is until 2020.

    • Priya,
      Don’t worry about it too much as it still has a long way to go… Plan for backups like H1B or a cap exempt H1B, so that you have other options…It can be hard, but that’s life. Anyone saying they have insider news are just speculating…

    • I m in exact same situation. I’m a fulltime employee with world’s one of the largest bank in nyc , h1 transfer is not an option for me though they may transfer after 6 months or so …which i m not sure about.

      • Yes contacted and got the Citizenship ,he was throwing citizenship out of his whitehouse window and i catched it ..You can also go for it. Good luck.

        And what you are not a Desi dude ,great to know Sneha is a typical American name 😀 😀 😀

    • It depends on the final rule content and I hope they will have certain policies being put in place and it can be like within 30-90 days,all H4EAD’s will be automatically be sent a H4 visas…I guess.

  19. H4 EAD news update February 21, 2019:

    Finally, DHS has submitted the revoke rules to OMB and marked it as ‘Economically Significant‘ which means that OMB will wrap up comments period within 30 days.

    • 02/21/2019: H-4 EAD Removal Proposed Rule Submitted to the OMB 02/20/2019

      After a long delay, the USCIS eventually initiated the rule-making process to remove H-4 EAD. This has been more or less pressured by the ongoing litigation challenging H-4 EAD program in that the court has been delayed the decision contingent upon the USCIS volutary removal of the H-4 EAD program by rule-making instead of litigation.
      Since the rule-making process has just started, it will take some months before the USCIS can finalize the rule-making process. However, readers should keep in mind that this proposed rule designated as “Economically Significant” which means that the OMB review and approval can be completed in less than 30 days or less than 30 days, not 90 days. Once it is approved, the proposed rule will be published in the federal register with comment period of either 30 days or 60 days depending on decision of the level of economic significant. Once all the comments are reviewed and considered, the USCIS will drraft either interim final rule or final and submit it to the OMB again for its review and decision. The period of OMB review will agan be determined by the extent of economic significant. Once OMB approves it, the USCIS will publish the final rule in the federal register to implement the final rule, meaning removal of H-4 EAD program for H-4 section of the rule.
      We predict that the USCIS will receive “massive” comments from pro and con stakeholders. The amount of comments will in one way or another the rule-making process and immigration stakeholders should submit their comments timely once the proposed rule is published.
      We are not sure whether the federal court will delay its proceeding and decision, but one good signal which lately came out was that the federal court grant a motion of USCIS to submit brief until March 2019, permitting delays. Probably, yesterday’s action of the USCIS to submit the proposed rule to the OMB may have considered the pressure from the court not allowing further “abeyance” of rule-making process before the court reaches its decision in the pending H-4 EAD removal lawsuit.

  20. Just got the note that the revocation rule was published to the OMB with a Priority of “Economically Significant”. I guess that means very soon they should start the Comment period correct?

    • Here is what was published today on “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization “.


      • Yeah that’s the one I’m referring to. I guess once the review is done, the Comment period will open up. SO FAR the federal register does not have any entry on it for this for the next 30 days atleast

  21. I was just reading up on HR 1044. Whats your opinion? You guys think it will be passed?
    Also, whats the insider word on h4 ead? Has anyone heard anything? From the attorneys or anyone for that matter?
    Really tensed what to do if h4 ead goes away.

    • Similar bills like HR 1044 have been introduced in the past, we need to see how it goes, too early to say. Well, insider news 🙂 at least not aware of anything or any attorneys talking about it. Everyone are in waiting mode. The removal process is not straightforward, it will take a long time…plan for your back up options.

  22. 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.?

  23. 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.

    • ^ 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!

      • I lived in Canada years ago – my husband had the temporary work permit. I was not allowed to work, not allowed to go to a school/college/university. More importantly, I had no (provincial) health insurance.

        I came to the US many years ago. Again, my husband had a work permit, I did not. After a long wait for a Green Card I found that no business hires someone who has not worked for 10 years.
        Not being allowed/able to work meant not only no income but also no Social Security rights. When I turned 65 I had a “right” to Medicare, as a self payer. That I had no income did not matter.

        If Americans have a problem with foreign workers they should address that issue. In fact, they should have addressed it years ago. Punishing a number of women is not the solution to that problem.

        Had I known how much the US/Canada hates immigrants, especially those who come work-related, I would have made different decisions. But the US toutes itself as a country “made great by immigrants” and Canada “loves diversity”.

  24. 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?


    • 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.

      • Hi Kumar,

        I’m currently on H4 and planning to apply for H1B with out COS. Once when if H1B gets approved, what is the procedure to get into H1B status ? Is there any way I could achieve this without leaving USA ? Thanks !

        • There is no need to leave US, that’s the whole point of Change of Status (COS). If your COS is approved, you are in H1B from the day you have specified on the COS.

          • Thank you for your reply. So, COS is just a form that I need to file when I decide to get into H1B status ? (Assuming that initially H1B was filed without COS)

            https://www.uscis.gov/i-539 (Is this the correct form ?)

          • Yes, that’s the form. You should work with your H1B attorney and submit required documents as well for supporting information. The form is getting revised, make sure you use the latest one.

  25. 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.

    • 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.

    • 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!

      • @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.

        • @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?


      • 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.

        • 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.

  26. 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.

  27. 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..

    • 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.

      • 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.

        • 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.

          • 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.

  28. 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.

    • 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.

    • 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

    • Where do you come up with such fake statistics. you should probably join fox news. The last i head they need more sensational mindless fake news just like this .. Awesome job dude .. please go buy a “Dunce” cap while you are at it .. see you at fox soon .. best of luck for your interview.

  29. 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.

  30. 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.

    • Sam,
      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.

  31. 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.

    • 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.

      • Not all H4 visa holders work in IT. Or in another job.
        Many of us want(ed) to start a small business or to volunteer. We need(ed) an EAD for that.

        With an EAD one can apply for a job. That’s all.
        Just like L-2’s, spousal E-1/E-2’s, G-4 visa holders.

        If you think there is abuse going on with H-1B, L-1, etc. you should approach your Congress-person to address this.
        Punishing a number of wives will not remedy this issue.

        Furthermore do you think the ONE MILLION people permanently allowed in every year will not look for work and accept jobs ?

      • H4’s are not qualified ??? Right .. why do you think they offer any competition to super intelligent flock here in the US?

    • 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.

      • @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.

  32. 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.

    • 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.

    • Hi,

      ~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.

      • Senthil,
        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 🙂

  33. 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.

    • 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.

    • 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!

  34. Hi,
    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.

    • 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.

    • 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.

  35. 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?

  36. 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?

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



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