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H4 Visa EAD 2023 News – Lawsuit Dismissed by Court, H4 EAD is here to stay!

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  On Jan 25th, 2021, OMB has withdrawn the H4 EAD Removal rule.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  :

  • Jul 2023 : As of July 2023, no new update since the withdrawn status.  H4 EAD Continues to stay.
  • May 4th, 2021 : No new update since the withdrawn status.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 It status says withdrawn and the OIRA concluded the OMB Review ( EO 12866 Regulatory review ) on Jan 25th, 2021.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 
  • 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:

  • March 28, 2023 : After many back-and-forth motions, eventually on March 28th, 2023, the court dismissed the lawsuit and granted judgment in favor of DHS. Basically, it means that DHS had the authority to create H4 EAD and it is here to stay. Check full court ruling at Lawsuit Judgment Document
H4 EAD Court Lawsuit by Save Jobs USA - Summary Judgement 2023
H4 EAD Court Lawsuit by Save Jobs USA – Summary Judgement 2023
  • 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. 
  • 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 2020 Update 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 Court mandate 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 Order Jan 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 27 H4 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 case Conclusion 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.
  • 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.  
  • 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 2019 IRLI OMB Meetings - H4 EAD Remvoal Self 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 Order Also, 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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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 ?

Can I apply for H4 EAD in 2023 ?

Absolutely Yes, the lawsuit was dismissed and Biden administration withdrew the removal regulation from their list. You can also 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. Court dismissed the case too. 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.

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 in March 2023 that DHS had the authority to grant H4 EAD and the case was dismissed.

As it stands today, you can apply for H4 EAD and work on the same and everything is settled.

What are your thoughts ? What do you think of the court decision?


Other Articles


  1. Hi Kumar – I am unable to find employers who will sponsor my visa in my field of study. I am on OPT currently. My husband’s H1b will be sent in for amendment next week and and we have an option of filling for H4 and H4 EAD with it in premium processing. Is it a good idea to go for H4 EAD with so much uncertainty at this time? Also, could you throw some light on the estimated wait times for H4EAD (with H1 premium processing)? At least a window of time frame? Could it be months/years? Would really appreciate your inputs!

    • I believe, you should apply for H4 EAD, if you are eligible. Just gives you another option to work. The current situation is unknown and we have still a long way to go for H4 EAD rule removal. Now coming to processing times, they are really long now with the new biometrics process and we do not have any proper data regarding the same.

      • Hello Kumar,
        If H1B is applied in premium processing. isn’t it a good idea to go for H4 stamping in india? that will instantly update your i94 and can apply for H4 EAD rightaway right. Atleast they will be saving the H4 processing time delays. Please let me know, what you think?

  2. Hi,

    I am on H4 ead valid till Mar 2020. My husband wants to move companies before the extensions for H1 and H4 which we can apply in September with the present company .

    If he moves, can we file for H1b transfer and H4 extension and H4 ead at the same time ? (It will be close to 8 months before the expiry of my current H4 ead). I want to know if my EAD card will be processed or if i have to wait for the 180 day period.


    • Yes, you can filed it. With transfer, it does not matter, how soon you need to apply. You can do that anytime and file all of them together. No, it will be processed normally, no need to wait.

  3. Hi,

    I have applied for my h1b extension on feb01 and received a RFE for H1 and H4 on march 9 and we have submitted h4 RFE response for Brith certificate and for H1b RFE we have submmited the response with upgrading to premium and H1 is approved but H4 is still showing RFE response received, when we upgrade to preimum even h4 will be updated? anythoughts,

    • Usually, H1B and H4 were approved together when they were filed in premium in the past. But, since the biometrics process was introduced for H4 forms, we have not seen them adjudicated together…so, it could be the reason…Check with your attorney and ask them to follow-up with USCIS. Maybe they can process it faster as yours was filed before the new process.

  4. Hi !
    My husband’s i140 got approved last month. But his H1B expires (it will be 6 years) on jan 2020. With it my h4 as well. So in your opinion, when would be a good time to file for my EAD (fresh application). Should i apply for my EAD straight away or would it be better to file H1b extrension, H4 extension and EAD application all together in the coming months? Any input would be much appreciated. Thank You!

    • Frankly, at this point we have no data on how long it will take for H4 approval. It is hard to say anything…One of the approaches could be to apply early and get H1B approved in premium, get H4 stamping outside using the H1B approval, then apply for H4 EAD. It just takes out the Biometrics from the equation that delays the whole process.

  5. Less than 1% population is Indians in US. Out of that less than 0.5% H4 EAD.
    Seriously don’t understand how they are responsible for taking everybody’s job?
    I am a EAD person most of the time I end up teaching ABCD of computer science to so called US citizens coming from Refugee or Asylum status to US.

    I end up completing there work 9 to 5pm in office as they don”t have any technical degree or any exp. in software egg. and after 5pm my work .

    All due to new rule of hiring more US citizens over H1b.

  6. Hi Kumar,

    My H4 filed on March 8th got approved today but i don’t see any status update from my H4 EAD which was filed together. Is it expected to be approved together? Thank You.

    • Well, I am not sure…USCIS, may just adjudicate the people who filed lawsuit and maybe say, they will fix the process soon…they may even say, new process is taking time due to some issues with process, etc. and get excuses for delays…Very hard to guess…

  7. Hi Kumar,
    I have an approved H1 and my wife has a H4-EAD, both valid till mid-2021. My wife’s employer applied for her H1 this year, but we got intimation that she was not picked in the lottery.
    If I change jobs now, do we also have to reapply for H4-EAD ? and is there a chance that it could be denied/delayed ?

    • No need to re-apply for H4 EAD, she can use the existing valid EAD until the expiry date as long as the primary spouse is on H1B and maintaining status. Well, the delays are very clear as you know with the biometrics process.

      • Well you may not be entirely right. We had a similar situation, and the hiring company’s legal team told us the following:
        1. The husband’s H1B will be “transferred”( I don’t remember the legal term) to the new company.
        2. You would lose the current I140 and the new company will apply again immediately. But it may take like 6-10 months to get it. During this time, the wife’s EAD would be invalid.
        3. After receiving the new i140, you would have to apply a new EAD for your wife.
        4. Your GC priority date would not change, that would be preserved. Only the i140 will have to be applied again by the new company.
        5. Even if the hiring company applies your i140 immediately, you’re looking at a potential 12-14 months of unemployment for your wife. Practically this may be more because the hiring company may take a couple of weeks for onboarding you and applying the i140.

        • Dipti,
          If the I-140 was approved for over 180 days and was not withdrawn by that employer before 180 days, you can use that and there is no automatic revocation, even if employer withdraws after 180 days. Read the Official Federal Register Rule . The rule is you need an approved I-140, not from the same employer that you are transferring to… Also, it is address by USCIS in their official FAQs, read USCIS H4 FAQs – Q.5

  8. Hello Kumar, we have filed for H1b and H4 extension together. H1 extension is approved today however H4 is still pending. Do you know if it is possible to file my H4-EAD extension while H4-ext is still pending? I was planning to do that, but confused as they are asking for i94 and H4 status proof. My i94 and H4 is expiring in few months. So if I apply now, will they give EAD based on the validity of my i94/H4??

    • Yes, you can file for your H4 EAD while your H4 application is pending.
      They might ask you about your Receipt of Notice number to be provided on your Form I-765.

  9. Hi Kumar,

    I just read this article, does it mean OMB sent rule back to DHS?


    • No, that is pure speculation done by them. There is no official guidance given by OMB or DHS. In that article, they refer to Path2USA, who is speculating that it was sent back from OMB, which is not official…

  10. Can one apply for H4 to F1 COS while H4 extension+EAD is pending? If I get one approved, can I retract the other application?

  11. Hi,

    My husbands H1 was approved. If I apply for H4 extension and first-time application for EAD both together, will they process both simultaneously? Please let me know. Thanks! S

  12. We applied for H4EAD on Feb 1 2019. I see a few application from Jan 25th were approved and now no updates since few days. Do you think processing of H4EAD will be stopped at this point ? Or only after entire rule making is done ? Wife has been having sleep less nights worrying.

    • No, it will NOT be stopped immediately, it has a long way to go…we will only know, if the rulemaking is complete…Dont worry too much about it.

  13. Hi Kumar, heard somone has resigned(as below), any comments about this news? Do you think it’s relevant to the EAD thing?


    • Well, I do not think so…there are far bigger issues at the US borders and asylum applications that could have triggered it…

  14. https://www.mercurynews.com/2019/05/22/h-1b-visa-government-says-work-ban-for-h-4-spouses-coming-this-month/amp/

    Hi Kumar,, is it true???

  15. Kumar,

    Do you know if I (anyone in my situation) could apply an H4 (extension of visa) without the help of an attorney? If the answer is yes, could I also apply for the H4 EAD all by myself, independent of an immigration attorney? If both the answers are yes could you please outline the steps and websites to visit? Thank you!

  16. it sucks to see some h4’s come in with very low pay and have manipulated the whole us job market. Especially QA and BA jobs, it should have never been allowed. All H1B’s whose wife is working should also be sent back to India.

    • Wow !! That’s classic example of Misogyny!! Anyways I have seen not all H1Bs deserve H1b but they are still here .If a person truly deserves the job be it man or woman , H1b or H4EAD they should be given an opportunity

      • It is not just about ‘deserving’ or ‘capability”…even in India, with in one state, we do have policies based on “local’ and “non-local” categories for each universities/regions. Getting jobs/admissions in some colleges is very tough based on the “region”. so why are we fighting here on some ‘rules’ ?

    • Woh.. we found good for nothing man . Not deserve to be any part of the world. How arrogance this guy. If h4 ead working low pay , this is not his/her problem. this is some stupid consultancy recruiting these types of low wages. Lets stop all desi consultancies. No ead guys will say will work for low wages. Company should formulaize wages.

    • I am a H4EAD holder and my salary is very low ($150k) in GA, atleast as per your logic all H4 are incompetent. Such a moron you are, may god save America from fools like you.

      • Lol!Why do Indians lie so much about their salaries?

        Even Standford Engineers who work for Google don’t make the kind of money youre claiming to be making. If that was your salary you would have no issue getting n H1B or green card visas for immigrants with extraordinary talent.

        Its pathetic.

        • If you work on Microsoft Dynamics Functional or Technical then the hourly rate is 125$/Hr or more…So don’t think that in IT the salary is less then 150K/Yr…If it is 125/Hr then the annual salary can be crossing 250K @2000 Hrs/Year….

        • Typical frog in the well.

          You clearly have idea how much talented people make here because you are a low skilled IT ‘worker’ working under a shady consultancy in NJ. Go look at Glassdoor data and have your brains blown up, that is, if you have one.

        • @Lakshmi Patel, what’s more pathetic is thinking others do not have any skills/talent to earn the aforementioned figure. You do not have the skills and work for a lowly salary doesn’t mean others are the same. BTW know the rules of GC for extraordinary talent. I know people who are senior developers and consultants who make more than $150K/annum.

        • did u go to standford ? I wonder patel ji, I think you do petty business I guess. this kinda business desi mentality loosing our ground, wake up and see how hard working desi making money not just petty business mentalities.

        • I was offered 175K (with bonuses included) for my first SDE job in FANG recently. I am changing fields and do not have a professional CS degree either. The offer really depends on how well you do in the interview and if you have multiple offers. These numbers are realistic man.

    • The whole point of an H4 EAD is to give work authorization to citizens in waiting. H4 visa is never given based on qualifications. What is the point of judging H4 by their work profile? Unless you judge all PRs and citizens by their work profile.

      H1B’s criteria should have been stricter so that H1 is not as easy to get for “non-exceptional” candidates but that is a separate topic.

      Point of H4 EAD is to let people stuck in an endless queue live a normal life like L2s, PRs or citizens.

  17. Hi,

    According to John Miano, the h4 ead rule will be removed and the last OMB update says it as a final rule, and its going to be 90 days period for OMB to provide official update, by all these scenarios can we think H4 ead will be removed ?
    What happens to the existing applications that are pending for renewal , I applied for H4 and H4 EAD extension , what are the chances of getting it approved before the rule removal?


    • No, it is biased Opinion as John Miano is the one representing the case of Save Jobs USA vs DHS in court case. Take the opinion with a pinch of salt. Also, I believe, the info in OMB meeting was a typo. You cannot really have final rule without going through the NPRM process. Check 9 Steps of Federal Rulemaking , you cannot jump few steps as this requires NPRM.

  18. CTS refused to take my interview just because I had a work gap go two years.
    I have a degree and 8 yrs exp. in India.

    So Kindly doesn’t spread rumours.

    TCS,WIPRO,Infy, etc etc so many companies after taking 2-3 rounds never contacted me.

    Even I was ready to change location and no package issues.
    Then also.

    They only hire H4 EAD if you are equivalent to H1B employees and H1B transfer issues are there and location constraint .
    Many H1b getting offer letters don’t join.

    • CTS is badly using H4 EAD. i know many couples working in the same projects. They just forwarding his/her resume to client and no interview being done prior. This is badly affecting other H1B guys. large healthcare organization ruled by all CTS indians , many couples being appointed without further process. They may be CTS employee while in India with a huge (more thans 6 years) break. and still they appointing like CTS employees. Still they joining as senior guys.

      • It can vary by processing center. Check the EAD processing times for your location on USCIS website to see, if it is beyond their general guidance.

  19. The article on center for immigration is neither here nor there. It doesn’t impact the OMB review, or the court case. It is an individual’s opinion, and looks like he wants the EAD revoked.

  20. I am sure lot of people who are on H4 and filed for H1B will have this question.

    For the people whose H1B petition is selected this year –
    1. is it safe to assume that H4 EAD won’t go away until October 1st?
    2. Since H1B is effective from October 1st, what will happen if H4 EAD goes away before October 1st?
    3. For change of status cases, what happens if H4 EAD goes away after October 1st and no H1B stamping is done?

    • 1. Most probably H4 EAD won’t go away by then
      2. This question is confusing. There is no relation between new H1B’s starting from October 1st and H4 EAD. H4 EAD is for people whose I-140 is approved. Usually by the time companies file for I-140, that H1B applicant is already in his/her 3-6yrs of H1B so H4 EAD and new H1B’s starting from Oct 1st has no relation.
      3. If H4 EAD goes away, H4 applicant will still have valid H4 visa regardless of stamping is done or not

      • @Rahul I think you didn’t understand my question. Let me clarify a little bit.

        My questions are specific to the people who are currently working on H4 EAD and are selected in H1B lottery FY2020.

        2. For COS, on October 1st the status will automatically change from H4 EAD to H1B. What will happen if H4 EAD goes away before October 1st?
        3. For COS, what happens if H4 EAD is removed after October 1st and people haven’t got their H1B stamping done? or what happens if H1B approval is not received until H4 EAD is removed?

        • 2. Very unlikely, but if it happens, it only impacts EAD not their H4 status, they will still be in H4 status and COS will happen on October first.
          3. If it was filed as COS, there is no need for stamping, if you stay within US. That’s the whole point of COS. Nothing will happen, as long as the H1B spouse is employed and has status, H4 status will exist for the individual. If something happens to EAD, it will only impact working on EAD and not the H4 status.

  21. I think we can still apply/renew H4 EAD , they will be stopped after final decision is made.

    I am positive that existing EADs will be valid till they expire, because they don’t want a lawsuit based on this reason.

    • Yes, until the final ruling comes out and USCIS gives guidance that you cannot use H4 EAD anymore, you can continue to apply. All the rule making, lawsuit are not there yet and they have a long way to go.

      • Comments Policy :
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        This forum is not about fighting. Please follow the rule and dont write any hatred comments. Life is ecological cycle. If one get benefit then other is loosing something. Constantly we have to strive for better to yourself. I believe, if you are not getting job is not because some H-4 holder have EAD. Look in to yourself and try to be best. One day you or your spouse may be on H-4 EAD and you will demanding same. Equation does not have to be changed based on personal criteria. There are certain rules which needs to be follow and there are some ethics which we oblized to do it.

  22. At what step will they stop allowing H4 EAD renewals? Does it have to be after final OMB review is completed? Step 8?

    Or as soon as OMB initial review (Step 4) is complete, which will be May 20? Also, by May 20 we should know if they are at least allowing existing H4 EAD to be valid until they expire, correct?

  23. Hi there,

    I am currently working on H4 EAD,passionate on studying Masters, if company willing to pay for education reimbursement /sponsorship.
    Weather H4EAD can work and study simultaneously if their company agrees?
    Do they need to change their visa from H4EAD to F1?

      • Thanks Sam. Can h4 ead can work on full time job and study in parallel?
        If already working on full time job,they no need to worry for OPT/CPT status right.
        Because I am confused about OPT/CPT status do they need to change their H4 EAD status to F1 visa?
        or can they directly study with H4 ead visa status.

        • Yes, if you have H4 EAD, you can work full time and study in parallel, you do not need to worry about them. The OPT, CPT are more for F1 students and not really important for you as you already have H4 EAD. To clarify, your status is H4 and EAD is just a benefit that you got because you qualify for it based on your spouse’s H1B eligibility.

  24. @Srinath: I accept the correction. Thanks for that. But I don’t accept the sarcasm. You could have just said what was right in a better way. I have seen people with first language as English making mistakes like I did. It’s easy to be sarcastic but it is very hard to be polite. It is basic manners especially towards someone you don’t know. I don’t blame you if that is how you were raised.

  25. Hi, I am in situation where my spouse EAD (H4 EAD) and my H1B validity if different.Spouse H4 & H4 EAD is valid till SEP 2019, and my H1B is valid till Aug 2021 , In this scenario can I apply H4 & H4 EAD together ? and how long does it take ? and can my spouse work when h4ead is under pending renewal ?for suppose , If I have to do H1B amendment can I also file H4 extension/H4 EAD extension? please suggest.

    Thanks in advance!

    • Current processing time for H4 extension is too long( more than 1 year) and no premium processing available for individual H4 extension.you can apply h4 and h4 ead together. Spouse H4 ead may approve soon depends on your H1b Validity ( but its all your luck , sometimes they approve only after H4 extension). .you cannot work anything under pending review. you cannot file H1b amendment and H4 extension. I suggest better to go outside country and go for H4 extension approval and apply H4 ead here. looks like a long process.

      • Thanks rv!
        My spouse’s employer filed H1B petition, I dont think its good Idea to travel now, right ? and if H4 EAD is approved and H4 extension is pending , Is It possible to continue work ?
        Thanks again

    • In what context are you talking about ? In general for visa stamping, minors under age of 14 do not require finger printing.

  26. definitely H4 ead being utilized by CTS without considering other visa like H1b . At Least they should consider American’s and H1b candidate before proceeding to conclusion. One of my friend’s spouse being appointed without any client interview , as her husband working in the same company and pushed for her resume for job. This is unfair .Companies like CTS and TCS should be very clear about their process, I am not against H4 ead , but being mis used these days without any proper BG check and interviews. Let’s give H4 ead job to genuine candidate . Otherwise this will go for ever . I would suggest companies to come forward with more stringent checks for H4 eads . Jai H4 ead !!!

  27. @Ravi Oh really, thats your problem. So you want to pull down a fellow Indian, so that you can climb up the ladder. FYI H4 EADs are not issued to all spouses of H1B, but only for those whose spouses have approved i-485. If not for Green card backlogs, he/ she would have been a permanent resident already and free to work anywhere. So, by your logic you should cry on all the Green card holders like
    1) Like ppl who marry US citizens
    2) Family based immigration
    3) All other nationals whose received their Greencards based on employment immigration,

    And also, every year about 1 million Green cards are issued. Among them only 140,000 are employment based. So effectively 860,000 less qualified non us -citizens are entering job market every year. By contrast only 85,000 new H1Bs are issued every year, some of those spouses would already have their own H1Bs. so maximum around 30% of them apply for H4 EAD. So at maximum it would be 25,000 new H4 EADs issued per year.

    So to sum it up, assuming all the H4 Eads are issued to less qualified people, still it is mere 25,000 as against 860,000 non employment based green cards issued every year. Not even 3 % (even if account some children in GCs, the percentage would go upto max 6%) and you keep crying on them. If you account for L2 EADs etc.. the percentage would be even less. Shame on you dude, just shame on you.

    H4 EADs are issued so that ,their families wouldn’t suffer due to extensive green card backlog. Imagine a family of four being supported by just one income source for years and years. It is more important that this H4 EADs are issued to less qualified ppl, so that they can easily find some clerical jobs and support their families.

    Note: Yes ppl still feel its better to stay in USA with one income source rather than being in India. But that doesn’t mean you can treat ppl like shit and make their life miserable.

  28. This is so bad I think. Did DHS do a thorough research on the EAD cases? Where the EAD approved candidates work? I came across few people who was considering working in IT without appropriate education and knowledge. Is this acceptable? Does this not affect others competing? I am seeking sponsorship and I was rejected a few times saying that I do not have EAD. This is wrong. I do not have evidence that companies are hiring EADs just not to spend for H1B visa. There has to be thorough research on this particularly in Silicon Valley. H4 EAD should be stopped immediately.

    • To begin with, you must change your name to “thinkpuresh*t”.. Just coz you came across a few people that doesn’t mean all are wrong. Fake resume business was started by H1s.. if you don’t know that just don’t put anything on this website. use to frustration for something productive.

      • @Ansh you are right, even before the existence of EADs H1’s especially people who did masters here in the US who had expiring OPTs and had aspirations of chasing the American dream settled with consultants who faked their resume and got through the job interviews and somehow managed to survive. The irony that I have seen is that people who were non-immigrants and are naturalized citizens now are the ones mostly against this. It is a shame on them that they want everything good to them, but want others to suffer. It is a sorry state of affairs that they forget the path that they came to be where they are now.

  29. To whomsoever it may concern. I bet those guys who want H4 EAD gone are just insecure people who fear for their job and competition in the market. The other part these guys should understand is at some point they will feel the need for their spouse to be working. Not all will be blessed with having a H1 or GC applied partner in their life to go along with the H1/GC applied for self. The next thing as per a survey 35.3 percent of H-4 EAD holders have bachelor’s degrees and 50.9 percent hold master’s degrees. Just do the calculation it’s mere 12 percent who do not have a degree. So, get over it and if you do not support it, do not think of negative things to happen for them. Karma will bite back in no time and you wouldn’t even be able to blink and digest.

    • I do agree with what you wrote, i dont know why there is so much hatred. I personally know about 12 people whom I work with and they all are on EADs. All have at least graduate degrees from reputed education institutions. Also, I really don’t see any competition between H1 an H4s, both are very different. Sometimes I just think a few narrow minded H1 holders are jealous that H4EAD holders can work any where they fir in, as compared to H1 holders who have to find a tech job with sponsorship. Nobody is trying to understand that H4EADs were not served on a silver platter, everyone has sacrificed one or another thing to be where they are.
      Thank you !!

    • Hello Desi Firangi,

      I do not know what work you do. It is not the competition that I fear. H4 EADs without proper education and knowledge would not stand a chance if the competition is fair. How to make sure that the competition is fair? Companies might prefer H4 EAD since they dont have to spend on visas. As you said, Karma will bite you as well for supporting wrong side and the H4 EADs who put fake in their resumes. Put hard work to get things not by easy means. People like you are spoiling the work environments.

      • thinkpuretech, wow, you are really quite an intellect. I have seen more fake resumes on GC and H1 than on H4EAD. I am on an interview panel and I have been a part of about 40 interviews in past 11 months, so trust me when i say that.
        Please understand that fake resumes have nothing to do with H4EADs, it started with H1 and now just spread out. and a far companies trying to save money and avoid sponsorship, this you have to take it up with companies. You can’t put that on H4EADs, it’s coz of USCIS taking more and more time to process H1s, and the reason for that is all H1 holders is going thru scrutiny because many are client based working as contractors with fake skill set and low wages.

        • I interviewed 20 people last month all with H1 and selected 2 as at least 15 of them had fake resumes.
          I agree H4 EAD holders are also putting fake experience and trying to ruin specially manual QA market. But they are getting jobs where their skills are enough to work and hence probably not a speciality occupation. They probably do not need a degree holder or a H1B holder. Now you might argue why that job is not given to an american. Simple,because the employer/client does deem it fit for an American who which same education level will be much less productive than the EAD holder. Thet will take 2 months vacation in a year and throw in tantrums for putting any extra effort.

      • @thinkpuretech I assume that you did masters here and I can safely presume that you are one among the core that I am going to say in the next sentences. I have been on interview panels for the past 7 years for recruiting “skilled” people. Let me tell you this when I was first invited to the panel and handed a set of resumes I was surprised to see that everyone had experience in all the areas, all tools and had 7-12 years of experience. I said WoW to myself. Then when I finally interviewed the first candidate I found the reality to be the opposite and that continued with the other candidates too. I did not even select one from the first set of resumes that were given to me. As far as my experience goes atleast 60% of the guys who do masters here in the US be it in whichever field they start faking their resumes through consultants and join IT.
        So Bottom Line, if you are that talented as you think, you shouldn’t even bother the existence of the so called H4EADs.

    • @Desi Firangi
      Are you on H4 EAD?
      Try converting to H1 and F1 status. You will come to know the real fact. Its very difficult to get a job. H4 ead people works for cheap wages. All H4 ead’s will get job from their husband companies with out having any interview. This is so pathetic. Companies like TCS/Cognizant/WIPRO they hire h4 ead because they don’t have to sponsor any visa. I knew so many people having H4 ead , got job very easily with out having any basic knowledge.

  30. I really want to support H4 EAD. My husband is currently working on H4 EAD. He isnt a programmer, cart puller , billing at any stores and not doing anything that is irrelevant to his education. He did not fake his resume or his interview. He did MBA(India) in Marketing, has sales experience in India and currently working as a Marketing Executive in a good company. Why should he loose his EAD? Is it because an American or people with other work authorizations can get a job. Are really immigrants taking away jobs from here? Did anyone really realize how many jobs are out there in the market ? I really don’t understand when people say H4 EAD holders fake resumes /fake interviews etc. Are employers really so dumb to recruit such people? Then this isn’t a problem with the H4 EAD holders, this is a problem with the recruiters. I am not talking in favor of H4 EAD because my husband need it. It has to be fair. How will it be fair for my husband to loose EAD? So it is being said that H4 EAD holders are mainly programmers, working in superstores, etc. Are these the only jobs in US and are they very competitive?

      • All Skilled H4 EAD holders are not just impacting American jobs. They are actually impacting Indian guys who wants to come here on H1B and take job.

          • Yes. i know same boat for other folks like L2 ead, OPT. my company itself l2 ead lady working for job under 55K as analyst programmer. It should be applicable for everyone . i support H4 ead , l2 ead etc. lets stop this separation. its very less people for h4 ead compared l2 ead or other,

        • @Ravi Oh really, thats your problem. So you want to pull down a fellow Indian, so that you can climb up the ladder. FYI H4 EADs are not issued to all spouses of H1B, but only for those whose spouses have approved i-485. If not for Green card backlogs, he/ she would have been a permanent resident already and free to work anywhere. So, by your logic you should cry on all the Green card holders like
          1) Like ppl who marry US citizens
          2) Family based immigration
          3) All other nationals whose received their Greencards based on employment immigration,

          And also, every year about 1 million Green cards are issued. Among them only 140,000 are employment based. So effectively 860,000 less qualified non us -citizens are entering job market every year. By contrast only 85,000 new H1Bs are issued every year, some of those spouses would already have their own H1Bs. so maximum around 30% of them apply for H4 EAD. So at maximum it would be 25,000 new H4 EADs issued per year.

          So to sum it up, assuming all the H4 Eads are issued to less qualified people, still it is mere 25,000 as against 860,000 non employment based green cards issued every year. Not even 3 % (even if account some children in GCs, the percentage would go upto max 6%) and you keep crying on them. If you account for L2 EADs etc.. the percentage would be even less. Shame on you dude, just shame on you.

          H4 EADs are issued so that ,their families wouldn’t suffer due to extensive green card backlog. Imagine a family of four being supported by just one income source for years and years. It is more important that this H4 EADs are issued to less qualified ppl, so that they can easily find some clerical jobs and support their families.

          Note: Yes ppl still feel its better to stay in USA with one income source rather than being in India. But that doesn’t mean you can treat ppl like shit and make their life miserable.

          • Dear Rohit…I was on H1 initially but never tried for a GC. But when I moved on to L1, I got it processed.. So I don’t have to cry on H1 quota..

            Not sure if you are aware..In India for most of the state govt jobs, the retirement age use to be 60 years..and then they reduced 58 years….The folks at the age of 58, who were assuming that they still have 2 more years to work, they had to retire in the same year….it was a govt decision to support..my close families got impacted…we couldn’t fight/do any thing in our own country..

            we being immigrants, who can’t fight against corruption/cheap politics in our own country, talking about Logic in another country doesn’t make any sense my dear Rohit..

        • Dear Ravi, try to understand the basic concept, if N number of families can supply 2N workforce then why the US would want 2N families here to supply 2N workforce.

          its not charity that everyone (indian) should get a chance to come to the USA., its just demand and supply.

          • Dear Teja….if you are talking about 2N work force…then why H4 EAD should be given to only for the Green card queue spouses ? why not for all H4 dependents ? like L2 EAD….

            you can do the 2N math now

      • Ravi, your statement is laughable. One comment says if he is MBA why should he be in dependent visa why can’t he apply for H1, the next one says because he is in EAD he is taking away jobs of H1 from Indian guys who want to come here. Now let me put this back to you. Why don’t you go back to India either when your project is complete or your 6 years tenure on H1 is over. That is going to give opportunities to the Indians who want to come to the US. No?

        • Hi Desi Firangi,

          If you are competitive and good experience and very “talented” , why can’t apply H1-B ????. Now H4 EADs are less in number but going forward ( down the line in 5 years ) its going to be very bigger pool. Its going to affect every one. Compare to H4 EAD L2 candidates are very less in numbers.

          “Talented” H4 EADS why can’t you guys at least try apply for H1-Bs??

          I can say , H4 EAD is very shotcut to get the jobs compare to H1-Bs.

          • @SaveJobs Why don’t you study hard and try to be a better performer at workplace who will outwit the EAD holders.

            Let me explain you the immigration system. You need a person to work in your home for washing utensils from October, will you sponsor a person for that role in April with no assurance that the candidate will be selected in lottery and with no certainty whether you will still be using ceramic utensils starting October or you will change to paper plates ?

            This is the reason H1B sponsorship is not so easy even though the applicant might be highly educated. But its damn easy for someone from Somalia with no education to come here and work as labour and get GC in few months. First think of mending the broken immigration system.

          • @SaveJobs sorry to be a party pooper, I am a naturalized citizen. That doesn’t mean that I should not bat for other non-immigrants unlike few who want to pull others down and go up no matter what and want everything good to happen to them whereas pray for others to suffer. That’s mean and shameful.

      • @Ravi: My husband’s current company is willing to do H1B for him but they claim that the possibility of it being approved is less given the nature of his job (marketing) and his lack of degree in US. Their company have done quite a few H1B in the past years for similar profiles and those petitions have been queried a lot. Marketing is not an area where it is easy to find a sponsor.

        • SPAL is right. MBA / Marketing is not considered as a speciality skill or related to STEM for H1B . So stop whining and get a life.

          Jai H4 EADs !

        • Looks like there are 2 Ravi’s responding…

          Yes. You are correct. Your Husband has very less chance of getting H1B approved. So mostly the jobs in that skill sets should be taken by Citizens. Thats what Savejobs is fighting for. It is very clear in your husbands case that H4 EADs are impacting local jobs…clear ?????

    • Usually the story is never about genuine candidates. The story always centers around fake resumes. I support H4 EADs , because fake H1s are being cornered. In fact USCIS should use the H4 EADs to eliminate some positions from H1B category.

      • @Bull_reddy: well said. There are so many people who are working on tourist visas and eventually end up staying here illegally too. There are so many illegal immigrants working for cash who also end up taking away American jobs. This is what needs attention not H4 EADs. There are so many areas of immigration that are being misused. Why are H4 EADs cornered? Instead of removing H4 EADs , it could rather state that it should be used in par with the educational experience or they can come up something to keep a check on where they work. I know this is easier said than done. This would benefit who are being fair to the system. Overall, I believe everyone should get their fair share. Students are getting a better share of the H1b visa quota. They are being put into the lottery twice and have more chances. It is not possible to give away H1B to only students because they have masters (fyi – I have a masters too from here) .There are specialized occupations that need skills and experience. Students if not selected in the quota can try to get a job at non-profit organizations that are non-exempt.

    • waiting on H4 EAD removal, it saves thousands of students strugle and thos who are completed masters they will easily get jobs and settle down here. becuse of H4 EAD guys there is no jobs for graduates. and they are working for very less salary when comparatively H1’S and other work visa’S. even i struggled a lot but now i’m in safe when comparatively with those who are pursuing CPT,OPT. most of them going to hate my commet but this is the truth. students speding lot of money on styudies and end of the day there is no jobs for them. people like H4 EADS they simply married H1 GUYS and come here Applying for the jobs for $20, $30.

      • First thing who came to Master’s here are to study and go back, isn’t it the same you said while obtaining your F1 Visa ?
        So why are you still here and dreaming about settling down here, liar

      • Go back after competing your masters degree . H4 ead is applicable for people waiting for green card . This is not applicable for all h1b dependents .

        • @Ravi…..

          Better be careful with your words bloody, that is only my opinion, who the hell are you to pray on me , here only the people know about H4 Category how you guys are thinking and where are you up too 🙂 and your way of throwing post on public. ultimately you will be the gone case.
          any how thanks for your blessings….

          • Chinna – you started complaining about h4 ead man, if you don’t have any confidence on you don’t come here anymore with any post .

      • Excuse me! I did my Master’s too here and have been here 10+ years contributing to the organization and also to the healthcare system. Moreover these EADs are given only to those who are in the GC path not for all H4s. I have given so much as H1B holder and I deserve to take back something which I think is EAD.

      • Chinna . here it’s all about backdoor system . nothing is going to change unless employer stick with genuine candidate. Employer and consultancies should take care of good candidate and perfect screening. nothing will matter about EADs here. Even L2 ead, F1 and OPT will work for low wages . Otherwise they will stop approving H1b extension visa after 6 years. They already struggled 6 years sitting home right. I agree with low wages , but this is something administration should take care.

      • @chinna – When you say you guys done Masters with good quality degree. You should be going for speciality occupation jobs man not Quality Testing , Programmer Analyst , Business Analyst. Most H4 EADs go for these kind of jobs. Which means Master’s graduates are not skilled and jobs they seek are not Speicality occupation. So these guys should be thrown back to the country they come from.

        Jai H4EAD, Jai Jai H4 EAD

      • Chinna, did you do your master’s in the US? I have seen tons of guys who did master in one field and end up in IT just by faking their resumes through consultants. Now, I wouldn’t want to prejudice that you are one among them. With the current job market, I don’t believe H4 EAD’s are taking away other’s jobs. Most of the H4 EAD’s are not pushovers, they are either equal or sometimes even better than their spouses when it comes to education and work experience.

      • @chinna
        So you realise now that the value of your US masters is shit outside USA.

        You came to USA in a fraudulent way stating in visa interview that your intention of going to USA is to gain knowledge and travel back. Now you want to be employed in USA and blaming h4EADs. Such a blatant liar.

  31. What about Life Science Technicians working in the institutions? I have passed 2 levels of interview and I am the topper in the interviews based on rank system. I got hired. As I am doing this job for about couple of years, everyone is saying that I am the best fit.
    Sad that my institution does not sponsor H1B Visa for my position. I am so worried about losing the EAD because these days jobs are competitive and it is very come hard to find a job that fits for you.
    I am supporting H4 EAD and I would request everybody to support H4 EAD. Because there are so many people like me who wants to work for good and serving other people.

    • I’m in same boat dear. Unfortunately, its almost impossible to find H1b sponsors in this domain. without a PhD and Post doc. Only masters degree even is not enough, H4 EAD is my only hope.

      • Wait till April 1st . proposed rule review will be published then. chances are high that ead will be allowed till expiry. don’t expect anything other than that unless a file suit against them(less chance) . looks no one supporting h4 ead petition due to very less EAD people now. almost 60% lost ead due to H1b denial and most of them back to home country. around 1L ead published all together and now believe less than 40K will be used. i don’t know why big fuzz on this for small count, i support EAD ! but i know many husband trying to get spouse job without any interview with client with same company with the same projects. lets stop this first. this is affecting really talented people. company should stop accepting people like this . mostly CTS , IBM TCS etc,

      • Hi Reethu,

        No good news yet but i believe at least we should be allowed to work till visa expiry. In the mean time i would say try for other countries too Canada, Australia etc. GC queue is very long here too.

        • I am sure you will be allowed to work until ead expiry. Even DACA participants got a chance to submit their last renewal with in two months of publishing new rule.

          Everyone should get united and file a litigation against removing the EAD.

  32. After the 2 years existence of H4 EAD, we see them everywhere taking the poor American jobs. Even if we ignore those jobs and talk about highly skilled jobs.. markets are flooding with fake H4 resumes. No relevance of education, no experience, no skill set.. Can’t communicate properly.. Poor work ethics boasting about their spouses.. working for low billing rates.. hurting the opportunities for H1 and F1.. I believe this is the strong reason the Desi community itself has not voted in white house petitions even after one month.. They got only 63,500 so far which is not even close to the count ofone year H1 quota..

    There are 500,000 Indians in all categories of Green card backlog.. So not even the green card backlog community is encouraging H4 EAD. It’s clearly evident. It is also said the same H4 group has not supported while collecting the signatures for OPT 2 year rule proposed by Obama, The F1 student community has struggled till the end to gather the momentum. Looks like they has their revenge now.

    Are these the Highly skilled jobs that H4 EAD are taking?
    Walmart, Kroger, COSTCO, Macy’s, JCPenny, Meijer, Sams, K Mart in-store jobs
    Labeling and package handling at Amazon
    Servers and clerks in restaurant chains and Desi hospitals
    Uber and Lyft drivers
    Working at Day care centers
    Data Entry and Medical transcription jobs
    Testing jobs with billing as low as 20$/hr

    Time to say good bye to H4 EAD.

    • So you are afraid of these fake H4 with relevance of education, no experience, no skill set.. Can’t communicate properly.. Poor work ethics boasting about their spouses.. working for low billing rates?

      On one hand there are these fake H4 and on other hand you (highly educated and highly skilled, passed out of a very good college with MS degree) and still you are afraid of them then its your fault not system.

      anyway I support for H4EAD for highly skilled jobs the reason I mentioned just below this comment.

      • Its not quite that simple. Companies would prefer in a lot of cases to not hire older and hence more experienced workers for a lot of reasons. Its a lot easier to blame someone in case of problems if its a beginner, and they offer very low salaries and they can also blame the budget. Its almost like “if a person knows all this stuff – they also know better than to work here” so cluelessness is rewarded ,and occasionally blamed.

    • If you are highly skilled then why are you worried about the following jobs? This is not your issue, if a citizen criticizes this then I can understand his legitimate problem, but why are you worried about these jobs?

      Walmart, Kroger, COSTCO, Macy’s, JCPenny, Meijer, Sams, K Mart in-store jobs
      Labeling and package handling at Amazon
      Servers and clerks in restaurant chains and Desi hospitals
      Uber and Lyft drivers
      Working at Day care centers
      Data Entry and Medical transcription jobs
      Testing jobs with billing as low as 20$/hr

    • Believe me , I have seen more H1Bs with poor ethics and communication skills. Cooking rice in office microwaves ( not warming lunches ) , just to name a single incident. H4 Eads are thousand times better at my work place , they pay attention to details and maintain work timings better than H1Bs and just converted OPTs / H1bs.

    • Dear Raj,

      No one is taking anyone jobs. Most of the company give jobs based on the interview. If you have that skill you can always get a job. Give an interview and compete. People like you don’t even know the overall impact. You people don’t even consider the mental health of people who have to sit idle at home even with a good master degree and work experience. Also dependent of L1 can work and H1b cannot, don’t you think that’s also another issue. Why to have partiality with H1B people.

    • Raj – we can wish same bad things for you too but we are not that selfish and jealous because we believe in our talent. Dont spread so much hate that people start wishing negative for you and then you will realise. You have no idea how it feels to sit at home without working . Dont try to test karma

    • @Raj and likes

      Self proclaimed elites are scared of fake resumes and poor ethic, that is classic. I have been working in US for over 12 years and have recruited several people, do people get in without right skills, occasionally. Do they last, almost never. Real problem is low tech job that don’t require heavy technical background were feeding F1 and H1, now they aren’t happy they have to compete with H4. Best part AI and RPA are eliminating those jobs. They need to blame their incompetency and they blame the system. I hope H4 stays for the good of people who deserves it. H1 and F1 aiming who are bottom fishing will be out of job with or withou H4. No different than blue collar manufacturing jobs that were replaced by more sophisticated machines.

  33. I strongly believe that they should not only allow but promote H4EAD to work for highly skill jobs like Software Engineer (I don’t think they are high skill jobs), by doing so there will be lesser number of new immigrants (new H1B from India), and a new H1B does not mean only one person but around 4 new people coming to USA to eat normal US jobs (3 people will do normal job and only 1 high skilled).

    It is better to allow 2 people to do high skilled job and 2 normal job (one h1b family) rather than 2 high skilled job and 6 people normal job (two h1b families).

  34. Internal news is that they are going to retain H4 EADs and they will use these H4 EADs to remove some of the H1B positions from “Highly Skilled Positions” . Everyone here knows most of the H1Bs jobs are “System Analyst” ,”Business Analyst” and “Programmer Analyst” “QA”. Even any american from Macy’s store with little training can do these jobs , its a fact , all these days H1Bs had no competition in faking , now H4 EADs are proving that they can do these jobs very easily ( most of the times better than H1Bs )

    Jai ho H4EADs millionaire !!!!

      • @Kumar Sir , no internal information. It’s so frustrating to see so many people talking against H4 EAD . One of the readers ( Raj ) says ” H4 EADs with poor communication skills working at Walmart …. ” from his perspective if H4 EADs are working for low skilled jobs , then why are you worried about H4 EADs, which part of his comment is true. I think its Raj who has poor communication skills.

  35. Few Things to be mentioned here,
    there are many H1 and their dependents same as L and J visa holders,Why is it only for H4 visa holders impacting US economy?
    Dont they remove all immigrant visa’s then?
    rather than removing H4 EAD why dont they have some limits or bars on issuing EAD ? I know many H4 EAD holders well educated but is tied at home, its not spouse alone but this includes their kids as well , cant even work after having top education from US college and flying back to their country to work, agree they get the education from here and using it for their homeland to reap out the best, but why dont you think about the fact they leave their parents and sometimes siblings back in US ??

    Also did anyone notice, Many here pushing back on H4EAD are once immigrants and got in citizen ship later, i rarely see any non immigrant citizens,

  36. H4ead can clear interview with fake experience & then continue to be an UNDERPERFORMER as the person has no experience & yet continued to be employed .

    Employers would just pay H4ead by looking at their face & do not expect them to work.
    That proves H4EAD is really talented, we need to learn this of being consistently an underperformer & yet be able to keep their job from H4ead folks.

    IS that EVEN POSSIBLE? Apply common sense ? As an employer would yo keep a candidate who may have cleared the interview but is unable to DELIVER .Think!!!!!

    Also mark my words, you heard it 1st here .
    H4ead will remain that is insider news.

  37. Please don’t generalize. Not all H4 EAD’s work on IT. A majority work in non IT fields and have started their own business.
    Regarding the low pay, any business would prefer to go for a candidate who they have to pay less for same skill set.
    Please don’t categorize and spew hatred.

  38. Please sign this petition. Please also send to your acquaintances , friends who are impacted just like you. We need a response from the White House.

  39. Hello Anil,

    Thanks for keeping everyone updated. I am wondering what will happen to SSN if the EAD is revoked. will it automatically become invalid?
    In that case what happens to the investments and SSN contribution? can we operate bank accounts opened using SSN?

    Keep up the great work!


      • Because most h4ead are incompetent.
        They have no work ethics.
        They stagnate the wage because most are housewives ready to work for any amount. It impacts the work work culture
        It’s not fair to competent people. There are students who are higher skills, more professional, advance degree from US, they deserve the visa first than house wives
        mid-skill level jobs where many h4ead work, employers have stopped taking H1 to save cost and taking h4ead instead. That is discrimination against H1 who came here on merit.

        • first we need to provide return ticket to him , students once they are finished studies here. that will create more jobs here for all. they will join here as intern and slowly adjusted to work culture without any skills.

        • That’s just disgusting !!!!!!!! All these people who complain about H4 EADs are really low skilled people. Just listen to yourself, unable to compete with H4 EADs. And look at your gender discrimination ( Housewives ) , I know for sure most of H4EADs equally educated as most of the H1Bs. It clearly clearly proves that all the H4 EADs current jobs can be done by US Citizens and do not belong to H1Bs , I hope H4eads authorizations are retained and H1Bs gets thrown out.

          • All these are so called selfish people who can’t digest the double salaries of their friend’s families.

            Do you know how many women left their promising careers in india and came to USA along with their husbands?

            There are lot of OPT candidates who work for peanuts. Why dont you complain about them?There is no limit on these OPTs and we are just complaining about 40K H4 EADs?

          • @Renu
            You can marry to an desi guy. You are highly skilled, you come here and then convert to H4 ead. This is what you did right!
            Yes OPT works for peanuts atleast they will agree they don’t have more experience. But H4 ead’s are having jobs with no interview.

        • Hello why you think most H4-EAD’s are Housewives and not qualified for IT Jobs? Most of the Dependents are Engineers graduated from good collage, the advantage of this H4- EAD is keeping the family together.
          I agree there are very few people which are not qualified for the Job might be in H4-EAD, in which those few people are working in stores which are not impacting you. Also some people they are not taking the advantage of H4-EAD.
          My Wife is a Dentist She did BDS in India and DDS in New York University, because of H4-EAD is we are together at one place.
          Like us there are lot of people who’s are united because of H4-EAD.
          Lets save H4-EAD.

        • haha, that sounds so FUNNY! H-1B is merit based specialty occupation, why are you afraid of the low skilled House wives! If the companies think that a H-1B employee can be replaced with a “Low skilled” House wife then that H-1B employee is good for nothing and should find a Job in a better company that match his skill level rather than competing with House wives!!

    • definitely working as desi consultancy with very low skills . that’s why posting this. we can understand your feelings! keep upgrading your skills.

      • Because most h4ead are incompetent.
        They have no work ethics.
        They stagnate the wage because most are housewives ready to work for any amount. It impacts the work work culture
        It’s not fair to competent people. There are students who are higher skills, more professional, advance degree from US, they deserve the visa first than house wives

        • Nobody is complaining about companies about discrimination. You can easily blame whole h4EAD program because of someone misusing it. WOW…
          The same rule applies to even H1B too. Are H1b’s not stagnate the wage? Just think

          • Yes as a general rule, all immigration lowers wages and increases cost of living by making vacancy rates in apartments go down, in turn they raise rents etc. Companies that hire a lot of H1’s treat everyone not just their H1’s very badly. Mainly IBM, CGI, Accenture, capGemini etc. Companies that are Even more H1 dependent like Infosys, TCS have of late begun to treat their non H1 employees a lot better and in effect have a 3 tiered approach to their employees. The local (white and black etc – non indian) non H1 is treated like a king, the local indian non H1 sometimes is treated poorly, but usually when they know they cant push you around, it results in better treatment closer to the non Indian. Then they absolutely treat H1’s terrible, like make you move 2000 miles because they don’t want to find you something local which may result in a few more days of bench time – or even worse, they’d make the H1 move to where they can bill more even though they have “location independent salary” so they can make more $ while paying the employee the same.

        • lol how ignorant. being a ‘house wife’ is not a qualification, it is a ‘state’ in which any woman can end up. I am on H4 and I am more qualified than many of the H1B holders that I know of(people say that). I am educated from one of the top institutes of India and I have scored highest ranks in every competitive exam that I ever took, got selected for three companies in campus placements. So any person can basically end up being a ‘house wife’ because of life situations, not because they are less in qualifications compared to any H1B holder.
          Just to recall, most of our mothers are ‘housewives’ because of social rules and not because they are less qualified than our fathers or us.

    • H4 EADs ( especially Indian women ) have really made lot of progress with employment opportunities. I have noticed , at my work place , learnt speaking and writing better english than H1bs, they listen and pay attention to details. Whereas H1Bs , partially may due to pressure on maintenance of status , they loose interest quickly on work when the job is stable and keep complaining about how they employers are taking a big cut and talk about indian politics all the time. As an employer or manager , I prefer H4 EADs to H1Bs.

      Go H4EADs !!!!

      • there is no need for categorization, if you are good with skills and active at job, employer will prefer you either H1b or h4 eads. now its a matter of h4 eads to continue with some rule change based on speciality occupation. at least some background should be conducted prior appointment.


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