H4 EAD Rule Removal and Lawsuit Updates - Latest News

H4 Visa EAD 2020 News – Lawsuit Status, Trump Administration Actions

In H4 Visa by SaurabhUpdated : 2963 Comments

H4 EAD News Update Today : December 1st, 2020.  There were no real updates on H4 EAD either from court side or on regulation side in the last few months. The most recent was the joint status report in the court filed on October 5th, 2020.  

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.  DHS has to defend the program now in court, in the past they said they plan to cancel it. So, it is tricky. 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. 

  • H4 EAD Rule Removal – Rule-making Process  :


    • December 1st, 2020 :  No new update on the rule making in the last few months since July.  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:

    • December 1st, 2020 : No new update in the lawsuit since October. The case status is as it looks October. There is no update on the status. Thing may change as the new administration is going to be in office from January. It is likely that DHS may ask for more time with this now…We need to wait and see how the court reacts to this. 
    • 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. Joint status report H4 EAD
    • September 30th , 2020 : No real update in the court case. There are some minor changes in attorney’s representing the case. That details are updated to the court. You can see below. But, in terms of the lawsuit status, nothing has changed. There is no response on the injunction order. See below screenshot on the updates timeline in September. H4 EAD updates September 2020
    • September 15th, 2020 : No relevant update from the court in September in terms of the case, except minor change in attorney details. We continue to wait. Below are more details. 
      • There was one minor change in attorney details submitted to the court for the intervenors. See below history of the case. H4 EAD September update change in attorney
      • It is stuck in same status as before. No response on the injunction order to stop H4 EAD by district court. If it is not a priority, court will not process Injunction order. Based on it being on hold for so much times, it seems like not a priority for court for injunction order to stop H4 EAD. 
    • August 30, 2020 :  There was no update in August and July on the lawsuit. 
    • June 29th, 2020 : Below are the updates on the court case
      • Immigration Voice/ Intervenors filed Supreme Court’s DACA Judgment Document on June 23rd, 2020 to be considered by the court for their future decisions as they believe it is an important decision to consider. 
      • The reason they filed the document is that Save Jobs USA argued that DHS exceeded their authority and issued H4 EAD and they referenced DACA case in the past. Now, Immigration voice want to make it clear that from DACA decision from Supreme Court that they did not evaluate the work authorization granting authority of DHS in the decision of DACA. 
      • This is to not a positive or a negative factor in the case, but a neutral point and DHS authority is not evaluated by other court.  See below screenshots.  
      • So far, the court has not acted on the Injunction request to Block H4 EAD that was filed by SAVE Jobs, we continue to wait on that. H4 EAD June Update - Court Document Immigration Voice DACA
    • June 14th, 2020 : No new update yet from Court in June Yet. We are waiting since May 8th  on the response from court. See below screenshot.  We are waiting for Court to respond on the Injunction order request by Save Jobs. Latest h4 update case - May 2020 Court Docket
    • May 11th, 2020 : Save Jobs has filed response arguing against DHS and Immigration Voice, intervenors asking for injunction order to stop H4 EAD. Read Save Jobs USA response to DHS, Intervenors for Injunction Order 
    • May 7th, 2020:  DHS and Immigration Voice submitted their response to Save Jobs USA request for Preliminary injunction to stop new H4 EADs and Extensions, if the case is stayed ( activities are suspended ) by court. There is a lot of misleading information published by Media outlets telling DHS stance has changed and they have told that they will not revoke H4 EAD, this is not true. DHS Stance has not changed. They plan to revoke H4 EAD as per their plan and currently plan to publish the H4 EAD rule revoke item in their Spring 2020 Agenda item as per plan.  The context of DHS stating that H4 EAD does not cause irreparable damage was only for injunction consideration…Without context the meaning changes and many have twisted the truth.  Read Complete Summary of H4 EAD for March to May 2020 – DHS Response for full clarification
    • April 20th, 2020: There were a lot of updates on the court case side in the last 30 days. Unfortunately, we all were tied up with current pandemic situation and missed to post updates. Currently, court has given dates for all the parties to submit motions and case details. The deadlines are for Immigration Voice, it is April 20th, Response by Save Jobs due by May 4th. We will post full updates on this soon. Stay tuned. For now, below are the case action summary for your review directly from court. H4 EAD Court Updates April 2020
    • March 16th, 2020 : No new update in March yet. Either of the parties are yet to file the documents. Only the appointment of the new trial lawyer is done by DHS so far.  
    • Feb 24th, 2020 : The district court received the judgement order from the appeals court and also court informed that DHS appointed Trial lawyer Joshua S. Press as the new Counsel for Defendant. Neither parties have filed any documents yet.  See below screenshots of the latest update details from Feb last week. H4 EAD Case Update March 2020Update on H4 EAD Lawsuit from Feb 2020
    • Feb 11th, 2020 : The appeals court on February 7th issued a formal mandate on the previous judgment given in November 2019. Basically, a mandate is nothing but a formal order from appeals court telling that their process is over and the judgment is final from their side and it has to be taken up by the lower court. The Mandate document is filed after the re-hearing requests deadline is passed. As you know re-hearing requests were filed by DHS and Immigration voice, but they were denied by court. Hence, Appeals court ultimately issued the formal mandate/order to the District court to take the case further.  Now, the next steps will be from District court where the merits of the case would be looked at…. It is going to be a long process as well…We need to wait and see… Below is the screenshot of the formal mandate from the appeals court. H4 EAD Court Case February - Formal Mandate by Appeals Courtmandate issued in case - history of H4 ead
    • January 27th, 2020:  Court responded to the rehearing request by Immigration Voice on Friday, Jan 24th, 2020. It was denied by Judges and panels. There were two court orders that were released denying the re-hearing petition by Immigration voice & intervenors. See below.  Next step is for the case to go back to district court as the re-hearing request is denied.  Jan 2020 - H4 EAD Case Court Order Rehearing Denied Jan 2020 - H4 EAD Case Court Order Rehearing Denied - Second OrderJan 2020 Court Case H4 EAD - Updates Info
    • December 30th, 2019 :  We had updates on the lawsuit, where motion was filed by DHS for extension of date for rehearing, which was denied by court. Also, Immigration Voice also filed for rehearing challenging the judgment by appeals court.  Check out the complete details at  H4 EAD Lawsuit – Rehearing Requests, Court Order Summary .  Below are the various timeline of events filed with court. H4 EAD Lawsuit updates Summary - Dec 2019
    • November 8th, 2019 : Court gave Judgment today in favor or Save Jobs USA. The H4 EAD Case will be sent back to District court for next steps.  This win for Save Jobs does not mean that they got the case in their favor, all they got is a win in Appeals court for them to go back to District Court and contest the case again.  District court will review the case again in detail. So, it will be dragged further. See below and  Read H4 EAD Lawsuit – Court Judgement Summary  H4 EAD Lawsuit Court Judgment by Appeals Court
    • November 4th, 2019 :  No new update last week. The most recent update on the case that transcript of Oral Argument was entered on Oct 22nd. It does not really mean anything in terms of the decision. Just a process thing for the court.  See below. We are waiting for the Court opinion/ Judgment.  There is no SLA as such, we need to wait, can be few weeks or couple of months.  You can see below screenshot taken on Oct 28th, 2019, which says the update is from Oct 22nd, 2019. H4 EAD Update October 2019 - Transcript updated Court
    • September 27th, 2019 :  Court had oral argument on time. It lasted about 45 min or so. We have compiled the entire key points of the argument. Read H4 EAD Lawsuit – Oral Argument Summary, Next steps. 
    • September 25th, 2019 :  Court has given the final schedule and timing for each of the parties int he Oral argument. Each of the parties get 15 minutes. DHS 15 min and Save Jobs 15 minutes to present their argument. This will be the first oral argument of the day. They changed the order, if you see previous update, it was the second one. See below from court website. Court Argument Time and Date - Save Jobs USA - DHS
    • September 20th, 2019 :  DHS and Save Jobs submitted two documents.
      • Initially, DHS Submitted a document that references a case called “Humane Society II”, where the current Appeals court rejected the case as lacking standing. DHS basically looked at previous cases and picked up something that the current Appeals court dismissed and referenced the same so that the oral argument would be in their favor.  See below screenshot. DHS Argument Sep 20 - Court Update - Standing Document
      • Save Jobs submitted response to the DHS claim indicating they did share clearly the injury details in the past and does not find any relation with the Humane Society case, also DHS did not mention about this case details in the past and are inventing these now…See below screenshot.
      • We need to see how the court will consider the new case details that DHS is comparing to and how Save Jobs has responded to the same. Save Jobs Sep 2019 Document - Standing Info
    • September 18th, 2019 : Court issued an order in the evening  that the oral argument would go on as planned before on Sep 27th, 2019. No changes to the plan. They say that the argument will be limited to issue of standing. Basically, what they are trying to say is that they will look at Save Jobs USA’s key argument point, why they came to US appeals court, as district court said Save Jobs lacks standing,  rather than current H4 EAD rule revocation in progress.  You can read the actual Save Jobs Argument brief summary submitted in Jan 2019. See below the Standing Point from Summary Judgement of District Court from 2016 and current court order :Save Jobs - Case Standing Info for Oral Argument on Sep 27H4 EAD Oral Argument to be conducted Sep 27-2019 Court order
    • September 16th, 2019 : DHS, Save Jobs USA and Immigration Voice submitted documents to court for the recent order issued by Court on Sep 11th.  Below is the summary
      • DHS says, it is still working on the rule and going through the regulatory process. Their earliest planned date to publish is Spring 2020 and they say the oral argument should be removed.  See below. DHS Response to Court Order in Sep 2019
      • Immigration Voice says, the oral argument must be removed as well as it will be waste of court time and resources as the case is not ripe for oral argument and also that Save Jobs could not demonstrate potential harm due to the H4 holders working, so no point in oral argument now.  See below. Intervenor - ImmigrationVoice Response to Court Order in September - 2019
      • Save Jobs USA says, The oral argument should proceed as planned as DHS gave multiple assurances that H4 Rule would be removed, but nothing really happend. They wasted 2 years of time, they were granted multiple chances to remove the rule, but no concrete action was taken. There has been years of delay and taking this off the oral argument will hurt the American workers. Also, they are questioning the DHS authority, if they could issue the rule or not, so should proceed. Save Jobs also believes that even if they proceed with H4 EAD rule removal, there are many, trying to challenge that in lawsuit, so it has a difficult path, so oral argument should be held now.  See below. Save Jobs Response to Court Order - Sept 2019
      • You can check the actual court documents on our H4 EAD Lawsuit Court Documents Page 
    • Updates Before Sep 16th, 2019 : You can scroll down below for previous updates in order by dates before. 
  • General H4 EAD News   :

    • September 30th, 2020 : No new general news on H4 EAD in last few months, including August and July 2020. Now with COVID situation, the biometrics appointments are delayed and ASCs are slowly opening. 
    • Dec 30th, 2019 : No general H4 EAD news in December yet. Nothing in November, October and September.  Below are some general updates from previous months.
      • H4 EAD Processing time Delays Lawsuits : Since June 2019, Immigration Law firms like RN Law firm in Houston, TX have been filing H4 EAD delays lawsuits every couple of weeks…there were multiple H4 EAD delays lawsuits filed by many individuals stating that H4 EAD adjudication delays with New H4 Biometrics Process is causing hardships for them due to the USCIS delays. You can check Summary of H4 EAD Processing Delays Lawsuit.
    • H4 EAD Protection act Bill re-introduced : Rep Eshoo re-introduced H4 EAD protection act bill in House in May, and it is in sub-committee for review as of June 2019. All details at H4 EAD Employee Protection act Reintroduced 2019

Check full detailed updates in below timeline.  Scroll down bottom for latest H4 EAD news update. Join Telegram, Facebook and Community Forum to discuss, ask, share.

This article covers below aspects:

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

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

Background of H4 visa EAD Rule :

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

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

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

What’s the H4 EAD Lawsuit ?

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

H4 EAD & Trump Administration Timeline, Latest News :  

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

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

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

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

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

Video Summary on First Brief with Immigration Voice and Others :

Video Summary on Second Brief with Immigration Voice Only :

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

  • May 4th, 2019(UnOfficial ) :  No new update today. One of the fellow (who represents Save Jobs USA in the H4 EAD Court Case) from Center for Immigration studies published that OMB may not directly approve H4 EAD rule removal as it is in current state based on his analysis of parallel with DACA as it could end up in legal battle. So, it can take time and DHS will take a deep dive and he believes that Court would ultimately decide such things. Check article .  No update on the OMB review meeting.  The purpose of the OMB Review meeting, also called as EO 12866 review meeting, is to review the current rule proposed by DHS to assess the holistic purpose, costs, benefits. The exact statement : “Executive Order 12866 requires an analysis of the costs and benefits of rules and, to the extent permitted by law, action only on the basis of a reasoned determination that the benefits justify the costs.”
  • May 8th, 2019(Official ) : OMB Meetings list page is fully updated with data from previous meetings that were conducted in March. They were attended by many groups. See below screenshots. There were few meetings held on 3/26/2019.  The meeting at 1:30 was attended by IRLI, which is a American Employees Rights Organization, unlike at 1:00 PM the meeting was attended by many Indians and USCIS officials.  Most of these meetings are OMB review meetings to assess the impact of the rule as part of due diligence.  These meetings can be requested to work with OMB to convey the feedback. Overall, one weird thing is that one of them says Final Rule Stage, it is very confusing as the rule is still in proposed rule stage and you cannot be in final rule stage…I am guessing it could be a typo…Because, as you can see all rules have to go through 9 Rule Making Steps and H4 EAD Removal rule is not there yet…We are still few days away from reaching the 90 days mark for OMB deadline.  
  • Also, the overall status of the rule on Federal Register has not changed and it still says Pending Review. Only new info added is the meetings data. You can check all of this at Reginfo.gov H4 EAD rule
  • If you know anyone who attended or you are one of them who attended meeting, may you can share details with the community in comments or in WhatsApp groups listed below or Facebook. 
  • No New update on the Lawsuit side, it is same as before..
    H4 EAD Rule Removal OMB Review Meetigns Info May 2019IRLI OMB Meetings - H4 EAD RemvoalSelf Meetings OMB H4 EAD Removal
  • May 20th, 2019(Official & Unofficial ) : OMB Meetings list page had typos of the final rule, now it is updated to reflect “Proposed Rule Stage”, but one typo still exists for the May 1st meeting. it still says Scheduled. Also, we hit the 90 day mark today for OMB review, technically, we should have heard something today, but they can extend by another 30 days until June 20th, need to wait and see. No update from the court side on the Lawsuit, we are waiting for court’s next steps.H4 EAD OMB Review Meetings updated to Proposed Rule - May 20th
  • May 22nd, 2019(Official ) : The H4 EAD rule removal is part of the Spring 2019 Regulatory Agenda. It was part of Spring 2018 Agenda as well.  Technically NO new status update or new development.  Appearing on the regulatory agenda means that, it is still a priority for the current administration and nothing else. See below screenshot and at Reginfo.gov. There are rumors by few websites telling that the rule will be published soon by Govt., which is pure speculation and NOT true.   There is no update from the Court Side on the lawsuit.H4 EAD Rule Removal in Spring 2019 Agenda - May Update
  • May 27th,  2019(Un-Official ) : There is a lot of wrong information/ Fake News reported by many mainstream Indian News Papers online saying that US Govt begins removing H4 EAD… This is false information, nothing new….It is unfortunately trending on Google News as well and many users would see all of these articles in their Google Suggest in browser (see below screenshot). The only thing that happened in the last few days is that H4 EAD rule removal was part of the Spring 2019 Regulatory Agenda, that’s about it.  There is one section in that, where it says NPRM Date as May 2019, which is just an approximate date that USCIS gives when they publish a regulatory agenda item. It used to be June 2018, when they published in Spring 2018 agena. Just scroll up to see May 10th, 2018 update…Again, it is pure speculation and that date does not mean anything… Anyways, please do not panic and be mislead.  Also, on the lawsuit side, there is no new update from court today as well as of now.  Fake News H4 EAD Removal May 2019
  • May 29th,  2019(Un-Official ) : No new updates as of today morning both from the court side regarding lawsuit or on the H4 EAD rule removal side. There is again continuation of the false news spread by many news agencies based on the mainstream media wrong info from previous days, it is trending on Google, do not worry, it is all the same info on Unified agenda of Spring 2019, nothing new other than that. See below the trending info on Google news Fals H4 EAD news by media in may 2019
  • May 30th,  2019(Official ) :  Rep Eshoo re-introduced H4 EAD protection act bill yesterday in House. It has a long way to go…We have covered all details at H4 EAD Employee Protection act Reintroduced 2019.  Besides that there is nothing new. No updates from the court or on the OMB side from the H4 Rule removal.
  • June 6th,  2019(official ) :  We have a new lawsuit for H4 EAD delays in processing
    • H4 EAD Processing time Delays Lawsuit : A lawsuit was filed on June 6th, 2019 by few individuals stating that H4 EAD adjudication delays with New H4 Biometrics Process is causing hardships for them due to the USCIS delays. You can Read  Lawsuit document here .
    • On the other hand, for general US visa application, US state department is asking Social Media accounts info on DS-160, DS-260 forms now.
  • June 20th,  2019( Unofficial ) :   There was a tweet by one of the attorney’s attending AILA Annual conference saying that the economic analysis was wrong and Govt is trying to fix that and there is no estimated time on the same. You can check tweet , see below. Nothing on the lawsuit side. If you are waiting on H4 Approvals, we have couple of users, who reported H4 Extensions Approvals after Biometrics. H4EAD Update OMB June
  • June 21th,  2019( Official ) :  We had an update from the court on the on the lawsuit. They published an order with date for the oral argument set to be September 27, 2019 at 9:30 AM.  It also says that the argument panel will be revealed 30 days before the date of the argument.  It also, says the court order does not change.  See below.
    • What happens during Oral Argument : On the day of the Oral argument, each of the parties present to the judge with the time allocated to them. Unlike in trial court, during oral argument in appellate level, judges can be active participants and ask questions to the parties. The panel would have read the briefs and free to ask.  You can read Wiki Page of Oral Argument in US.
    • You can check official court documents H4 EAD for actual court order document. 
      Oral argument h4 EAD removal lawsuit update
      Oral Argument Scheduled H4 EAD Court Case 2019
  • June 24th,  2019( Unofficial ) :  Many asked, if OMB can extend the review deadline past the 120 days as they hit the deadline on June 20th.  The reality is that, if the agency head wants to extend it, they can do it for as long as they want. That’s the guidance, see below screenshot. For official info check EO 12866 FAQs on Reginfo.gov.EO 12866 OMB Rule Review - How long can they take
  • July 1st,  2019( Official ) : Save Jobs USA re-filed their Opening and Reply Briefs with concerns raised by the court on the abbreviations. There were three documents that they filed ( see below). One is the letter, second and third are the actual documents. There are no major changes done, we have verified the documents, they are primarily abbreviations and referral info for some of the documentation for proofs.  You can check out the actual court documents filed today at page  H4 EAD Lawsuit Official Court DocumentsNew Corrected Court Brief by Save Jobs USA - July 2018 Update
  • July 5th,  2019( Official ) :  Immigration Voice re-filed their Intervenor Brief with court today to fix the acronym related issues in the brief. They filed only two documents, one that says that they are submitting a letter and second one is the corrected Intervenor Brief document. The document length has not changed we have verified all 53 pages and they look more or less the same, they fixed acronyms such as DHS, AC 21, etc with actual words, and some references info.  There were no argument points changed in the document.  You can check out the latest court documents filed at page  H4 EAD Lawsuit Official Court Documents. No update on the H4 EAD rule removal, it is still stuck with OMB. See below. 
    Immigration Voice Corrected Intervenor Brief Filed - July 5-2019
  • August 30th,  2019( UnOfficial ) :  There were no updates in August yet, both court case and the H4 EAD Rule removal with OMB were in same state as in previous month. Also, since June until end of August, many H4 EAD Processing Delays Lawsuits were filed by many individuals using RN Law-group and they claim that it is working and they are getting faster adjudications. 
  • September 3rd, 2019 : The court website has confirmed the judges names, location and time for the oral argument for H4 EAD Lawsuit. See below.  No updates on the H4 EAD rule removal yet.Oral Argument Date September 27 - H4 EAD Case Judges Info
  • September 5th, 2019 : The court issued an order to USCIS/ DHS to give an update by 4 pm on September 10th, 2019 to them on the H4 EAD Rule removal status as it was mentioned in court documents previously that NPRM would be done for H4 EAD rule removal.  See below the court document screenshot. H4 EAD Rule Removal - September 2019 Update - Court OrderAlso, there was a document tied to the May 1st meeting with OMB was posted on the OMB meetings page for the rule.  All it tells is that H4 removal will impact many and should not be removed. It is by few advocacy groups. See below. 
  • September 10th, 2019 : DHS Updated Court today that H4 EAD rule removal is submitted to OMB / OIRA for review as per executive order 12866 and it is pending with them. They mentioned that they attended meetings along with OMB and got feedback on the impact and things to consider. See below the actual document screenshot and highlighted text. Nothing is new here. We need to wait and see how the court will react to this. The reality is that DHS has their defence that they are following due process and trying their best to revoke the H4 EAD Rule. Court Update on H4 EAD Rule Removal September 2019
  • September 11th, 2019 : The Court after reviewing the respond submitted by DHS has second thoughts and would like to confirm, why the oral argument has to happen now on Sep 27th, 2019. The reason is that they can see that DHS is doing its regulatory process for H4 EAD Rule Removal and there is no good outcome out of the oral argument except DHS saying that they are trying to get through the regulatory process and has to follow process. The Court believes that their time would be wasted, unless there is strong justification to have the oral argument on on Sep 27th, 2019. They have given deadline till  Sep 16th, 4 PM to submit response by both the parties in the case. 
    H4 Court Oral Argument Date Postpone Order Info Sep 2019
  • September 16th, 2019 : All the three parties posted their court response today. We have summarized the details on top of the page. Please review details there.
  • September 18th, 2019 : Court issued an order in the evening  that the oral argument would go on as planned before on Sep 27th, 2019. Read the details and screenshot in beginning of the article for summary and screenshot. 
  • September 20th, 2019 :  DHS and Save Jobs submitted two documents, see above in the beginning of page for details on the update. 
  • September 25th, 2019 :  Court gave the order of cases and timing for the oral argument on their calendar, see above in the beginning of page for details on the update. 
  • September 27th, 2019 :  Court had oral argument on time. It lasted about 45 min or so. We have compiled the entire key points of the argument. Read H4 EAD Lawsuit – Oral Argument Summary, Next steps. 
  • November 4th, 2019 :  No update from the court on the judgement until today. As there is no SLA, it can take few weeks to few months…No new update on the rulemaking as well for H4 EAD rule removal. 
  • November 8th, 2019 : Court gave Judgment today in favor or Save Jobs USA. The H4 EAD Case will be sent back to District court for next steps. See below and  Read H4 EAD Lawsuit – Court Judgement Summary 
  • November 10th, 2019 : There is a minor update on the Reginfo.gov website that indicates that there is a stakeholder meeting scheduled with Infosys on the H4 EAD Rule revoke. Details are at Reginfo.gov
  • November 21st, 2019 : H4 EAD rule removal continues to be part of the Fall 2019 Regulatory Agenda,   read beginning of article for summary info.
  • December 30th, 2019 :  There were motions filed for rehearing in the case and court denied request by DHS. They are yet to respond to Immigration Voice’s request for retrial. See above in the beginning of article for more info.  We continue to wait on the rule making side.
  • January 27th, 2020:  There were two court orders that were released denying the re-hearing petition by Immigration voice & intervenors.  You can see above in the beginning of article for the screenshots of orders. Next step is for the case to go back to district court as the re-hearing request is denied. 
  • Feb 7th, 2020: On the court side, we had mandate / order issued by the appeals court on February 7th, directing that the judgement from last year November holds and the district court need to take up the case. See the beginning of article for screenshot and update. 
  • Feb 24th, 2020:  There was an update in the district court that they received the case from appeals court and DHS appointed new trial lawyer, see above for details.
  • Mar 17th, 2020: No update in March on the H4 EAD removal rulemaking side, we were waiting for  OMB for update. The court had some updates on the case, see above article. 
  • April 20th, 2020: We had many updates in April and March end in Court case, but nothing moved in rule removal. Check above page first for summary. 
  • May 7th, 2020: We had an update from court on Lawsuit and many documents were submitted by DHS, Immigration voice and Save Jobs. Check beginning of article for update and summary.  
  • June 29th, 2020: Immigration Voice filed DACA judgment document last week as a supporting document. Also, we wait for the court to respond on the injunction order request and the H4 EAD rule stands as it is in pending state. Check beginning of article for update and summary.  
  • September 23rd, 2020: No new updates in September yet. 
  • Join  Telegram, Facebook and Community Forum to discuss, ask, share.

What is the H4 EAD Removal Estimated Timeline, Predictions ?

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

Common H4 EAD Rule Removal FAQs 

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

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

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

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

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

Well, it does not hurt to apply for H1B, if your employer is willing to sponsor H1B for you in the upcoming H1B Visa 2021 Season.  It gives you an extra backup option to work, if something happens to H4 EAD and USCIS does not let H4 EADs work until the expiry date after rule is removed. You should consider applying for H1B visa petition with Consular processing, instead of change of status from H4 to H1B, as it will give you an option to work on H4 EAD, until it expires and switch to H1B only, if needed after expiration.  If you get picked in H1B visa lottery  and have approved H1B, then you can apply for Change of Status to H1B and work as needed. Discuss with your employer and see, if this can be done.

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

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

Can I apply for H4 EAD in 2020 with all the Rule Removal process and the New Bills to Stop H4 EAD in progress ?

Absolutely Yes, until the official rule is published, you are eligible to file for H4 EAD in 2020. We have a long way to go and nothing changes until it is final and USCIS publishes the official rule that it is removed. Check out Step by Step guide to Apply for H4 EAD , Biometrics needed ?

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

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

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

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

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

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

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

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

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

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

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

It all started with a lawsuit by ‘Save Jobs USA’, that questioned the authority of DHS to grant EADs for H4. After Trump administration took office, they took charge of the lawsuit, took time, delayed the process and finally aligned to remove H4 EAD rule in line with Executive Order of Trump Buy American, Hire American. They made an item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” , as part of Spring 2018, Fall 2018, 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 last official update is that H4 EAD rule removal was sent to OMB for review on Feb 20, 2019 and many meetings were held after that as well. By June 20th, 2019 OMB has exceeded their 90 Days + 30 days limit. The reality is that, if the agency head wants to extend it, they can do it for as long as they want. It has been like and the planned date for NPRM is March 2020 by DHS.

Also, we had a new bill in House introduced in Jan 2019 to protect H4 EAD holders, but it has been dormant for over a year now.

On the lawsuit front, the judgment was given by appeals court that Save Jobs USA has standing in the case and it is now sent to District Court for further steps. The re-hearing requests in Appeals court were denied and the final order was sent to District court on Feb 7th, 2020. Now we wait for District Court for update on the lawsuit.

If the H4 EAD rule removal is implemented as planned by current administration with NPRM of March 2020, it will have a significant impact to many of the thousands of H4 holders working and they need to plan for backup options like H1B.  As it stands today, you can apply for H4 EAD and work on the same, nothing is stopping you from that until the rule is final and USCIS mentions that you cannot work.  As far as our estimate based on 9 steps of rulemaking process, check our  predictions for the H4 EAD rule removal timeline

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

References :

   

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Comments ( 2,963 )

  1. Aspirant

    I have H1B stamp in my old passport ,but I have not traveled yet on that H1. For some reason, I have to travel as dependent and have to go for H4 stamping , this will be with my new passport.Though passport differs in DS160 I have mentioned the H1B visa details. I have a plan to find another employer after traveling to US on H4 and transfer H1 to next employer and start working. My worry is if I go for H4, is there a possibility that H1B will be cancelled ? Also, if VO asks whether I am planning to work in US with my H1B , what is the safest answer so that my H1B will not be affected?Is COS applicable in my case. Appreciate quick response as my visa interview is scheduled in following days.

  2. Ramya

    When will people understand that this is not a gender issue. It’s coincidence that majority of H4s happen to be of a particular gender and particular ethnicity. By making this about gender, feminism and all other gender-specific isms, the struggles of immigrants are being diluted.

    Even among Chinese and Filipinos that suffer from backlog such gender disparity of H4 doesn’t exist. I think this speaks a lot about the lack-of-progressive-mentality among both males and females of this particular ethnicity who believe that females are second fiddles following their male companions everywhere.

    Now that they can’t fight with anything, they are giving it color of gender discrimination. Far from it.

    Should efforts be made to reduce backlog while not impacting ethnic diversity of the permanent residents? Absolutely. Should this be hijacked as gender discrimination just because a particular ethnicity considers females as lesser and followers of male companions, and as evident in practice? Absolutely not. We don’t want such backward mentality people in the US.

    Shame on those calling this gender discrimination and misogyny. Look in the mirror to find misogynists who even after knowing the pain their female partners go through still insist on staying in US and bringing them in droves to the US. If these men had an ounce of love for their partners they would have packed their bags and moved to place where both can work, instead of bringing their female partners to a place with no work rights. This phone of fight of H4-EADs by these males has less to do with supporting their females but more to do with staying in the US at all costs.

    When your female partners were feeling depressed at homes, you were busy working with no regards to whether she wants to work and what can you do to help her in realising her dreams? You were wondering how can you grow instead of how you both can grow.

    Shame on the females especially from a particular country who give this gender colour. You have more freedom here than in your home country. Be grateful. And, tell your men to start treating you as human. If US doesn’t work, ask your selfish male partner to move to Canada/Australia/Germany – all are developed economies which give you permanent residency and right to work fast. Do not make this a gender issue and dilute the struggles of immigrants of all genders, nationalities, sexual orientation and color.

    1. Ravi

      Ramya….I agree with you….I had gone through the blogs, I don’t think any one really used ‘wife’ in the place of H4 EAD holder…

      All over it is mentioned as ‘ dependent spouse’. I think only one person misunderstood and assumed ‘spouse’ means wife.

  3. desi banda

    People posting comments about how those *Indian* spouses should have their work permits snatched away from them because they *knew* they wouldn’t have a guaranteed way to work in the first place are the actual ‘misogynists’ that you hear about all the time. Next time you hear a feminist complain about misogyny and you don’t know what it’s all about- just come back here to this post and read through the comments section. Kabhi nahi sudhrenge saale.

  4. bk

    There are a few aspects that need to be considered. Talking from the people I know and who have been working so far in the US. H4 -EAD is a progressive move if it backed with tangible data that there is a marked loss in jobs of US nationals. Thinking pragmatically the impact of any law, as in any other civilized part of the world, the people who are already working under H4-EAD being stripped off the eligibility to work is a regressive legislative move. However , if the objective is to really work on the data and save US jobs, then the legislation should be prospective. Stripping people who are already working in a H4 is not only unreasonable but excessive in every manner. Prospective applicability of notifying H4 holders about the legislative intent seems far more reasonable. It is as simple as this, you do not have to hurt, displace a group of set expectations to promote what is thought to be right for the present moment, rather a law which aims to achieve the same set of expectations and objectives but in a manner not to hurt the existing matrix of expectations will be far more progressive and well received in the long run.

  5. Johan thomas

    We can all keep debating here for, and against ead. Not gonna make any difference to anyone! Stay cool till the final rule comes out, let the situation be clear. Let’s keep postings comments during comments period.
    And then, let u keep suing every step to delay the new rule if we are unable to stop it!
    Meanwhile, everyone who is eligible keep applying for ead. Even if you get it for 3 Years, and are in a doubt of what’s gonna happen 3years later during renewal, don’t worry about it for now.
    Don’t let negativity of some selfish people who are acting like gods just coz they got their green cards pull you down! As much as we all hate such people, we gotta learn to ignore them!

    1. Go4EAD

      Very sensible comment. My wife has just applied for her H4EAD extension. We filed it with my H1 extension under premium processing. Hopefully she gets her EAD extended in the next couple of weeks. And hopefully all this rocus created by Trump fades off soon.

  6. Against fake people

    Fact god save fake people . Good to see change happening . Am also waiting for merit based system to be implemented soon . No more dumb fake people should enter not just Us anywhere in the world . Did u know blore companies have started to reject such profiles the time the see it .

  7. Ravi

    Not sure why we are making this as a big deal..

    Indian spouses who traveled to US before 2015, came to this country with an assumption that they won’t be able to work until his H1B spouse gets a full Green card. If they are qualified and really want to do a job, they use to apply for H1B and then work. Only in 2015 we got this opportunity for dependents spouses and started working after 2015. It is hardly 2 years that dependent spouses started working. If they remove H4 EAD, dependent spouses who moved to US before 2015 shouldn’t blame DHS/US government. Because they never promised that they will give a work authorization for dependents.

    Indians started migrating more to US, from 1980/1990 and all these years, dependent spouses (even though they are qualified), they remained unemployed.

    The real impact is only for small set of people, who moved to US after 2015 assuming that US govt will allow the dependent spouses also to work using H4 EAD… But this is only very very small group when compared to people started moving to US from 1980/90s…

    Make sense ?

    1. SH

      Well, sorry to say; but you could not be more wrong.
      Indians who came in 80s / 90s got their GCs done within a couple of years after starting the process and most of them didn’t even have advanced degrees.
      Talking about the people who came here in early 2000s, lot of those were in hope that they will eventually get GC after 3-4 years wait; but that wait kept getting longer and longer.
      And spouses who came on H4 around start of 2015 or after, definitely expected the rule to stick.
      So this is the BIG issue.

          1. Ravi

            My point is. why only Indians are making noise.

            This is the comment I heard from one of my co-american worker… then I searched over the internet if there are any discussions going from other nationality H4 folks….didn’t find much

      1. Srikanth

        When Ind vs Aus cricket match is happening in India only you can find 99% Indians only in the stadium. Hope you can compare this with current scenario.

          1. Ravi

            Hold your tongue buddy..I manage 225 people….I dont work for a client….I manage from our own company office…

  8. Ankit

    I think this change will make “Save job USA” happy and some others who migrated here earlier and are us citizen or GC holders now. Because in reality not even single person is real American whose ancestors are from European decent. It will be fair for Red Indian only to say to go back to your country. The thing I am realizing after 10 long years of immigration ordeal, its better to leave this country and go to may be Canada or Australia. You will often hear some drug junkies or some unqualified loser saying leave and go back to your own country as if they gonna get the job you will leave behind without any skills, experience and qualification.

    1. Ravi

      I have already posted..But not able to see my older post..

      I am really not sure why we are making this as a big deal…

      Indian H1B workers (along with qualified spouses) started migrating heavily from 1990s and they all moved here with an assumption that, the dependent spouses can work only after getting a GC. (OR) the dependent spouses too can apply for H1B and start working….This was happening for all these years from 1990s to 2014/2015..

      Only in 2015, the H4 EAD came in to picture and dependent spouses started utilizing the same and started working…If they remove, H4 EAD, it is just that we are going back to the same state as 2014 and before.

      The only impact is for the families who moved here after 2015 assuming that they can utilize H4 EAD too and start working. These families won’t be able to digest as it will hurt them. But the impact is only for people who moved after 2015 (just in last 2 years) and this number will be very very very small when compared to people started moving here from 1990s..

      Make sense?

      1. Ankit

        Sir,
        this will also impact people who moved here long long time ago. I came here for f1 on 2008 then opt , H1B and waiting since 2012 for GC priority date don’t know that will ever happen. Retrogression keep happening.
        My wife’s petitions didnt get picked up for three years she has done masters from USC and then she got H4 EAD and she has 8 years of experience in India and here she just stated working and this is happening now.
        I guess the more we stay the more we will hurt our future.
        Thanks for the reply

        1. Ravi

          I can personally feel sorry for you Ankit..But here we are not talking about each individual’s issue. We need to look from a big picture…You moved here in 2008 (or anyone moved here before 2015), you (or anyone like you) never expected from 2008 to 2015 that your spouse can start work before getting GC. It just started in 2015.

          There are people who moved here after 2015 assuming that dependents too can start working using H4 EADs. They are the real impactors. May be they moved here ONLY with a assumption that both H1B and H4 can work. Otherwise, they could have stayed back in India. these are the real impacted people…but as I said earlier, these number of people are very less…

          1. Ak

            Don’t know with what assumption you are saying that this will impact people who moved here after 2015.
            In reality people who moved here after 2015 are still in f1 or in the first three years of H1B with no I 140. These folks don’t even think about H4 EAD as it’s too early for them.
            This is not just individual case almost all the people have situation like me.
            H4 EAD was the solution to a lot of problems. People were waiting for this rule for at least five or six years and now it’s going away just like that because “Save job USA” wants it to stop.

          2. Ravi

            My point is….we all lived/adjusted our life without H4 EAD, all the way from 1980/90s to 2015….

            It was one positive move in 2015 by starting H4 EAD….now they took it back and we are back to where we were in 2014..

            Not sure how many of you are aware…in UK, immigrants were able to apply for PR (equal to GC) after 5 years of stay…but in 2010, UK govt took a decision to cancel the PR.. now who ever traveled after 2010, they can’t become UK residents ever…Immigration rules bound to change….we can’t do much about it..

          3. Srikanth

            Ravi,

            Your comments and views are good in law perspect. But when comes to reality it does not work out. We did not have cell phones 20 years back. we lived happily. Can you think assuming your life without your mobile phone for 2 days. So when ever a comfort or rule comes people mindset will get adjusted to it. when you feel it is going to go off from you, the pain and pressure will be there. you cannot say no worries or adjusted.

          4. BePositive

            I know it should be called H4B holder but lets face it, in the Indian community these are mostly wives. Women who got married in 1990’s are different from women from women who got married in 2010’s. Not many people like to stay home now, its frustrating. I have seen couples divorce because their wives were not able to work and were bored out of their minds. A lot of these women are well educated and they leave their careers because of our “glorious” tradition of treating a woman’s careers as unimportant. Waiting for 8-10yrs is a very long time, unless you can spend them at home while sacrificing you career against your wishes, you shouldn’t ask anyone else to do it.

            Expressing oneself should be encouraged, it is a hard time for people on H4 EAD, they need a vent. There is no need to get annoyed. A little empathy is not going to hurt you.

      2. someone

        Ravi – I agree with you. H4 EAD never made any sense to me. If Obama wants to help H1Bs then why not give EAD directly to H1B Consultants who are skilled workers, have relevant experience and are already working in the field… rather than giving EAD to their spouses who may or may not have any skills, don’t have any work experience. I don’t understand.
        Nobody was complaining until there was no H4 EAD because everybody on H4 knew that they cant work until they get their GC.

      3. Varun

        Make sense? Absolutely not!

        When the rule was announced (not implemented) in late 2014 or early 2015 – many H4 folks who were preparing to go to Grad school to get a Master’s degree (even though they had a Master’s degree) changed their plans because of this announcement. They have been working for around 2 years and now suddenly their career will be put on hold and they will have to start from scratch again.

        When H4 dependents start working, obviously the family income increases and people might end up making significant investments like buying a house. What will happen to those families when their income reduces to half? They made those decisions because the government allowed them to work but is taking it away now.

        By the way if H4 is not allowed to work, why should L1 dependents get a EAD?

        1. JK

          Varun~ I personally feel H4 EAD should not go until country caps are removed from Green Cards. But its governments right to make whatever rule they want to for non-citizens. Non-citizens don’t have any rights. We should make our plans on our own risk. H4 EAD was always in lawsuits, after Trump coming to power there were good chances for this to happen. We are always at risks H1 extension can deny (denied for me once in past), stamping issues, getting fired. Also, for safe side husband and wife should try to have separate Visas. Going to college to get F1 was always better that relying on dependent visa work permit. If you are good you can finish Masters in 1 year, then you are free bird with 12+17 months of OPT EAD with three attempts of H1 lottery where you have a special Masters quota (90% with make it in 3 attempts).
          L1 is considered to be highly skilled visa so some special preference is given. Anyways, L1 can’t be your final visa if you want to stay in US for long, L1 has a fixed life 6-7 years. H1 is the only immortal visa once you have I140 approved.

          1. Varun

            H4 EAD is only for spouses of people who have an approved I140. Which means that these people will eventually get a green card and will be authorized to work. But if they take away H4EAD for the I140 approved folks, would the eventual work authorization through green card be super helpful given that they spend the prime of their careers/life not allowed to working?

            I agree that there is always a risk so people should make plans accordingly. The same argument applies to everyone, even the people who say that they lost their jobs because of immigrants (although they lost their jobs to automation, not to people of a certain nationality). There was always a risk that they could loose their jobs, then why the lawsuit?

            Anyhow, people should be able to trust the government’s word to a certain degree. If the administration changes its opinion every year, it is not going to help anyone.

          2. Varun

            L1 is not considered higher skilled compared to H1. Also not everyone can be on L1. Conaider someone who did their Masters from US. They worked in US only after their school and never worked outside US so L1 is not an option. Also other than the requirement of working sometime outside the US, there is no higher skill bar for L1

        2. Ravi

          you answer itself gives more clarity.. You said, people were trying to go to school (2014/2015) for Masters degree… They decided to invest money/time to get a work permit using OPT EAD and then take it from there….

          Fortunately, Obama Govt brought in H4 EAD and they changed their plan, started working directly….and for 2 years they were able to save some money..

          2015 Immigration rule was brought in as a favor to us
          2017/2018 immigration rule may be against us..

          We can always go back to what we planned earlier (Masters), start them now again..whats a difference…we atleast have 2 years of salary saved to invest in Masters fees..

          We all came from a country where bigger decisions are taken with in one day….like cancelling 500/1000 Rs notes…it initially had impacted lot of small business people….but we get along and tune us for new systems and grow from there..

          1. Varun

            There is no use/need to mention unrelated facts like cancelation of notes in India. Of course when push comes to shove people take extreme steps like doing a Master degree again in a field that you already have a Masters degree in.

            Point is, why? If all H4 EAD holders go to schools and get a Master’s degree and enter the workforce with an H1B, will it not hurt the American job market then (assuming it is hurting now, which has no supporting data)

          2. Ravi

            Why not bring examples…

            I was referring to Govt decisions. Govt only printed 500/1000 rs notes earlier and they are in use for very very long period..they took a decision to cancel..it hurts some people…some may get benefited… But Govt is taking that decision for a reason..

            In the same way, US Govt can also take their own decision..
            Lot of people protested against PM Modi against Rs notes. If we obey to Govt decisions in our own country where we have citinzenship, why can’t we obey the decision in other country where we we don’t have any say..

          3. Varun

            Nobody is saying that we are not going to obey (unless you want to end up in jail). People will of course obey and do what is legal at any given point of time. Does that mean that we should not voice our opinion? It is exactly because of this attitude (not speaking up) that Indian community as a whole has never been able to influence any major policy in its favor.

            H4 EAD makes total sense to me. Even if it was not directly benefitting me I would have supported it.

            Rules are there for a reason, that is to make the life of the maximum number of people smooth. If we stay quiet and say nothing (because we obeyed the currency ban :)) the US lawmakers will not even know how many lives will this rule affect.

            It is important to hear both sides of the story, which can not be heard if the people who are affected don’t say anything

          4. Ravi

            My point is if we can’t voice out in our own country…

            what is the point in voicing here ?? when we are only considered as temp workers…

            My point is….H4 EAD is just there only for 2 years…we lived without it for so many years…

            forget about it, make new plans and go forward…

          5. Scott

            @Varun,
            –US lawmakers will not even know how many lives will this rule affect.—
            The common misconception is that somehow the US lawmakers should consider temporary worker’s grievances and not that of their own citizens. The lawmakers are listening and making a correction to the mistake the earlier administration made, it so happens YOU don’t like the change they are making. This change affects many citizens positively, have you thought about that? Remeber you here as a temp worker. You are here to work, nothing else!

  9. Mishra

    This is the TRUTH and Hard Truth. Muslims pray towards MECCA during their Prayers. In India, People from South Pray towards America, People from Punjab (PENDUS) pray towards Canada, People from Gujarat pray towards UK.

    It is a cultural mindset that the best thing to achieve status is migrate to these countries. Hopefully these new laws by Trump will get some sense into us Indians. Make your own country Great and Techie Jobs are not the most sought after anymore. Soon, techie will suffer the same problems as Oil and Gas professionals who have no jobs.

    Indians are living in a bubble and Americans are also living in a bubble that as soon as Immigrants will leave they will get better jobs. You see both will be disappointed as companies will just move jobs abroad.

    1. Ashish

      No, the truth is that we voted in droves for Trump because we thought he was going to come after the Muslims and kick them all out while giving us more jobs and visas. Despite most Indian Americans being Democrat we still went along and voted Trump. It is coming to bite us on our back sides. But I agree, there will be disappointments all around once the reality hits all the parties as to where the jobs are going.

      1. Mishra

        Is not Trump’s fault, it’s American voters / people come to bite us, because we are taking their jobs and lowering the wages, hurting economics.

    2. Amanda

      Well said mish. First of all all EAD , or any visa holder it’s not your country. We have full Right to revoke working right of visa holders. Our country did call visa holder you people filed visa petition right? So go to wherever you came from. I am not saying this USA president is saying this.we do not need more immigrants please. Next target is to keep brightest visa holders not just some techie.

  10. Listener

    The main reason we migrated to this country was because we realized that the quality of life here was better, the local residents were people of high quality, integrity and were humane. I think every human being has a right to apply for a citizenship in this country and that should never stop. There is a vetting process in place that takes into consideration skills and background of these applicants. I think there should also be some kind of evaluation of traits and culture. Many of the recent GC holders as I see in the conversations below seem to be selfish trashbags saying I want it all and you newcomers deserve nothing….doesnt work that way sirs! You have to accommodate these new applicants the way we accommodated you and the locals then had accommodated us!

    1. Trump Supporter

      Yes, quality of life is better here but very soon it will be like any other third world country because people living here will define the culture and the way every year thousands of Indians and Chinese are migrating here, very soon US will be like India and China. Full of corruption like India, where women will not feel safe when walking on street.

  11. Listener

    Its quite shameful watching the arrogant behaviour of recent immigrants who have just received their green cards..most of whom are the average Joes with no special skills..flops in their home country, made it to US on time to grab a GC. Now they mock the newer applicants..Shame on you crabs…I am afraid its is actually the children of such people and their future generations that will deplete this great country of its core values.. I came to this country in 1987…had a much better quality of immigrants at that time..

    1. Mishra

      It’s not because of your kind of people arrogant, it’s because of competition in job mkt. Removing H4 EAD will give more chance to competent H1b and to US citizens. Sorry it’s that crucial we all try to survive.

  12. Employer

    I can see both sides. First, I run a Artificial Intelligence/Machine Learning team for a 5B dollar company (won’t tell the name). Among 50% of my best and the brightest team are from India. Some are H4EADs. I find it extremely difficult to hire talented people. We hire for talent and it’s that simple. If this H4EAD goes away, let me tell you, The land of immigrants will take a huge step back in terms of innovation.

    What the politicians are not understanding is it’s not the H1/H4s taking the jobs. Its the automation. My team developed a product that automates the hell out of some traditional manual work – we saved about 10MM a year just in my company and as a result we let go 10% of the work force.

    Revoking H4EAD is clearly a political move which adds to long term value to the country.

    I feel sorry for the US. This move will only defer the inevitable which is what the administration cares.

    1. Vinay

      If they are the best and the brightest why have they not been able to get permanent residency quickly? The last time I checked the best and brightest belong to EB1 category and get permanent residency within a year or two – even those born in India or China.

      Are we sure in qualifying every MS/MBA grad or one with 5+ years of experience who works in ML/AI as best and brightest? Hardly.

      We can pat ourselves saying EB2 and EB3 are also best and brightest just to feel good but there is a reason why they’re in EB2/EB3 and not in EB1. There is also a reason why time for EB1 is shorter than EB2/EB3. If an employer and attorney think of you as best and the brightest, they will do everything to get you in EB1. The US is very generous when it comes to the real best and brightest folks. Perhaps we should revisit the definition of the best and the brightest. If someone tells me that all under EB2/EB3/H4-EAD are best and brightest, I see that as lowering the bar.

    2. Amanda

      Lol mr employer why do not you hire student from Ivy League. Answer you can not get cheap labor right? Lol 5 billion Zimbabwe dollar right ? I think your company value is 5 billions Zimbabwe dollars

      1. Amanda ka pappa

        Shut up troll, by your poor English it’s extremely easy to figure out that you are not a native American so shove it, please.

    3. Trumpie

      “Huge step back in innovation if H4 READ is revoked” ???

      Are you saying that there was a huge step forward in innovation since 2015 due to H4 EAD that will be stifled due to this move? Can you name a few of those huge steps forward? I am all ears.

      1. trumpie chya bappa

        ‘I’m all ears’ hahaha, doesn’t get more desi than that wannabe, Gora banne ki koshish karne lag gaya kabootar bc haha, what a loser.

  13. Mark

    I have done masters in US and I am on h1b visa I get 30k$ PA working as developer in java technology and my spouse on h4 visa gets 40k $ PA .If h4 visa is revoked is it better to apply for h1b visa or f1 visa.

    1. Jill

      Pity on you,what the hell you are doing in USA with just 30k annual pay?

      You would get better salary in infia.BTW how come USA allowed you to file petition they have minimum as 65k.probably you misinterpreted the numbers .

      Best is throw your degree and go back home

    2. VDesi

      This is why an average person in America does not like all the visas given out like candy. $40k for programmer, it’s called a race to the bottom.

    1. AZ

      Mishra jk
      You are such a looser . You spend time on this page posting shit and you want your employer to pay you more for all the shir you have.
      If i were your employer, i would have threw you out of company for wasting your time on the shit to.happen and not working on your skills.

      You are worth 1k and you dont even deserve to work for free. These bloody rules keeps changing and it would hurt your kids future too. Be careful.

      1. Mishra

        The thing hai, mujhe toh mera gc mil Gaya hai na. Toh h4 EAD should be revoked. Coz I am a bhaiyya, trained to not give f***s about people right since my childhood! My family can work, get money, get everything.
        I love seeing bad things happen to others and I keep moving ahead and ahead in my life. Hahhhahhah

        1. chaturvedi ji

          kisko chu bana rahe ho mishraji. life mein kuchh achieve nahi kiya, boss roz aapki leta hai, chaar baar fire ho chuke ho. Yaha aake frustration nikaalne ka matlab ‘I’m moving ahead in life’ nahi hai.

  14. Ajay

    People lament about killing dreams of H4s. No one has asked them to come here, it is a well thought out choice made. You knew the rules of the game and made an informed decision. And, if career is so important then it’s time for H4s and their partner H1Bs to sit, talk and come to a workable solution on where both can be happy, assuming both are career oriented. I have seen many couples taking pragmatic calls. It just depends on how badly one wants to live in US even at the expense of their self-respect and at the expense of their partner’s self-worth. Sadly, we Indians, who tout so much of family values, fare very badly in this space.

    We talk about ‘Oh! We have been here so long, it’s hard to move.’ Big deal! Millions have done this in past and millions will do so in future. It requires one to be enterprising.

    When I was pushed against the wall, I was feeling helpless and scared what will future be and how I will survive outside of US, I made an informed decision to start a business by leaving US. Two years were painful but I got traction and now back in the US on a green card. US was built by immigrants who were enterprising. In hindsight not winning the H1B lottery and being on H4 was the best thing that happened to me.

    On the path to become green card holder is not exactly same as being a Permanent Resident, hence not all rights of PRs and citizens can be provided.

    If the govt starts thinking about those that are not PR/citizens yet then what are they doing to make life easier of those who voted for them?

  15. SH

    I don’t think some of the haters even understand the reason behind H4-EAD.
    First of all, it’s only applicable to spouses of H1Bs who have approved I-140 and gonna wait in queue for GC for next 40-50 years. That’s mainly Indians in EB2. It’s not fair on them when people from other countries who are less qualified than them get GC and their spouses get to work. With haters’ logic, those spouses are also taking job away from US citizens, right?

    1. Mishra

      SH you are talking nonsense . If everyone who is waiting for GC should get EAD, then there will be few million people every year getting EAD coming to here to work while they are waiting.
      do you think American will buy you logic ? LOL, bunch of moron here

      1. MEET antani

        Mishra Ji even guys on valid H1 if not good don’t get jobs. People are talking as if having a visa is guarantee to get a job. If that is the case then there won’t be anyone without job.
        Where is the data to show what percentage of H4EAD actually got full time job or started doing business. Not even 10% simply cause I140 comes at least several years after landing in US and H4 were out of job market for that long. It is not easy to get job simply cause you have an EAD.
        If H4 EAD is gone then even L1 dependents and F1 dependents job rules should change as well.
        Employers will always prefer hardworking employees those who are willing to trave l , relocate and do more in less money. It is simple business sense.
        Most of the locals who cry losing jobs don’t even qualify for the job.
        Fake C V is a menace but that can always be tackled with background verification.

        1. Mishra

          Every EAD already got job either in IT or low end retail jobs etc. we cannot take 100k of EAD so far or 800k EAD in next 10 years. Revoking all of these spouse’s EAD is a must

        2. Sunny

          F1 dependents cannot work. Dont you know this. I dont understand this, a h1b is employer dependent but h4 ead is not employer dependent. A h1b cannot have business on his name as it is a work visa why can a h4 ead start business. Why there is lot of previlage for h4 ead when comparef to h1b. Correct me if i am wrong

    2. Ashish

      I don’t know what to say about the revoking of this rule. We were so happy to be voting Trump because he was going to be anti Muslim. Despite most Indian Americans being Democrats we still went ahead and voted Trump. I guess we had it coming. I suppose this teaches us a few lessons to stand up for our interests. I don’t know how much the local congressmen can help but it’s certainly worth a try to reach out to them. I suggest using the links posted in some of the comments below. Let’s make our case people.

  16. DreamforGC

    I brought up my two kids for 8 years and sat at home twiddling my thumbs with a bachelors in computer science and U.S. masters degree. When I got my H4EAD I applied for positions and got hired with a month, as there was a shortage of people with my skills in computer science and machine learning. My company has benefitted tremendously from my experience and it also has driven the local economy by my personal spending in the local economy. Now I’m planning to establish my own start-up, and I got the news yesterday about the new H4 rule to be abolished soon. It stopped me short in my tracks . We have been waiting for 8 years in the green card backlog now. We legal immigrants are good for the economy, we contribute to taxes, local economy, start new businesses that hire Americans and spur innovation.

    I plan on calling my local congressman, who has already cosponsored HR392, to bring this legislation to a vote. Please join “Immigration Voice” platform on telegram. Just google. It’s time for the desi junta to wake up and take matters in your own hands. If the DACA kids can do it we can do it too. Donate to our cause on Immigration Voice dot org website. Talk to your neighbours about the 70 year long backlog, talk to your colleagues. It is the scumbag companies like Microsoft, Apple and Google that do not want to see this backlog end, as they will lose their indentured high skilled slaves.

    FIGHT FOR YOURSELF AND FOR YOUR FAMILY.

    1. Mishra

      It’s useless. The point is this group of H4 EAD will grow 70k each year, and most most of them are incompetent for IT jobs. They are taking American jobs, H1b’s job by faking resumes and experience. Trump’s admin knows about it, it’s about America First

      1. Raj

        MISHRA : If u r from shitty USM, I come from UCLA. So what? I come from top 10 universities and that doesn;t mean I am great and u r pedophile. Its your thinking, knowledge that matters. I can only think of you with a prostitute mindset . The fake resume thing has been there from 2000’s ( donno before that as I came in 2002). So we have amassed 17 yrs of fake resumes, profiles till today where as H4 EAD came in 2015. So wh has the highest no of fake profiles…First few yrs of H1’s & OPT’s and I know u are one of them. Majority of them are not even into IT! Gone are those days of telephonic IV. Now all are F2F IV’s and even though u have fake profile, u are easily caught by the way u perform in IV. By luck if you go through, we can weed out in your first few months which I did as I recruit contractors in my firm and all are fake. I even hired H4 recently and she genuinely kept gap of 3 yrs without any faking like u do to get high pay. We are pretty impressed with her work and also sponsoring H1B this year. Screening, background check is the same for every one and it doesnt change based on visa you have. So know the ABC’s of recruiting before generalizing everything. At the end of day, they are scrapping H4 EAD not because of fake resumes, it;s because Jeff sessions is against it even before its implementaion and they want to scrap all rules of Obama’s. There is no valid proof that H4’s are taking American jobs and that’s the reason the lower court cancelled it on baseless allegations. Its only because of Jeff that the DHS prepared rule to end it..At the end of the day, pedophiles will be kicked out of this country once they implement new rules of H1 though you pretend u are citizen.

        1. Mishra

          Raj you guys stilll don’t get it: we cannot accept any more foreign worker. There will be at least 800k H4 in next 10 years. With most of these incompetent immigrants flooding to here, our wage would be much lower. Our kids’ future would be hopeless etc. Enough to say.
          Bottom line is H4 EAD violates Hire American, American First rule.

          1. FightMe

            Understood.. you are saying we should let our hopes into ditch to keep your hopes alive.. such an illogical theory.. grow up.. don’t wait for the Apple to fall on your plate and don’t forget that what century you are living in.. I see how frustrated you are with your employer.. go work on your skills to get the highest pay.. STOP blaming others as a reason for your incapability..

          2. Mishra

            America First, We make decisions. You Indian taking our jobs and still greedy begging for more. Your H1b husbands already support you and family. H4 housewife stay home or go home. Don’t get suffered in our country hurting our economic.
            LOL

          3. FightMe

            You keep on chanting the same.. your employer will send you back home with a big Ladoo.. you will come to reality on that day..

      2. Johan thomas

        Mr Mishra, how about keeping EAD around with more regulations ? I mean put yourself down in position of someone on EAD, who got right to work, and now it being completely revoked vs making stricter rules and laws, and dhs keeping an eye out on our qualifications, and the jobs we get? To avoid any frauds that all from happening?

    2. Ajay

      What a drivel and myth that backlog is for 70 years. And unimaginable to call these companies scummbag which has helped tens of thousands greencard.

      As much as I support H4-EAD they are bringing wages down which should not be supported. For every one or two H4s earning $200k there are many that earn less than $60k. And depressing wages must be stopped at all costs

      1. Raj

        Buddy, I just laugh at what u think. Do u think researcher post doc or medical resident gets beyond 60k? That’s the pay they get and it’s standard pay irrespective of being on visa or gc. Don’t say that H4s are lowering the pay, its witch Indian company’s that are doing it. The vendors are minting the money and even h4 is removed they will push it on opt.

    3. Swati

      Alright, i opened a new business on H4EAD and spent $200K into it , What do i do now? Close the shop and go back to where it all started. I cant believe hypocrites supporting this judgement, calling it’s taking away jobs etc etc. I have employed 1 american full time and 3 mexicans, no body talks about them because they eventually will find something but what about me?

      1. Mishra

        You case is extreme, we are dealing with 100k H4EAD so far or one million in 10 yrs. do you think Trump’s people would allow H4 EAD taking our jobs, hurting wages. Wake up, American First.

      2. Vinay

        You have faster way to get PR than others, speak with an attorney.

        And not all H4-EADs are same. Those who show US values if starting a small sustainable business then they must be allowed to work, not wage depressing folks who undercut market wages.

    4. Jeff vangalapudi

      Totally with you. It’s good to here that there’s more positive people just like I am. We are doing everything legally, by the book in this country. So we can’t take this lying down. For whoever thinks this is end of EAD, it’s not. We will make sure it’s months and months, slow this regulation down with lawsuit every step. Not because we have to make a point. It’s because we are in the right!
      SO TO ALL THE PEOPLE AFFECTED BY EAD, MAKE SURE WE ALL CONTACT STATESMEN, SENATORS, CONGRESSMEN, AND STOP THIS FROM GOING AWAY.
      ALSO, WE GOTTA SUBMIT AS MANY COMMENTS AS WE CAN. 50k minimum. 1 million if we all ask our every family member in US to submit positive comments for EAD.
      They got to record the comment and response by comment by comment basis. So it should significantly slow down the process.
      And if you are on h4 EAD, and work for companies like google, Microsoft etc, you guys are golden! Ask your employers to file comments as well.
      With all this, we also got immigration voice and AILA on our side.
      Together, we can do wonders! Not the time to be sad. Time to get it done.

    5. Trumpie

      Before you sat at home twiddling your thumbs, you had made a conscious decision to apply for a H4 DEPENDENT visa that very clearly states that you cannot work. Did you forget that decision?

      1. Johan thomas

        Nope. We dnit move here till h4 EAD regulation was passed. I know, you will keep arguing about how it was still wrong of us to move based on this regulation, but that’s your opinion(which of course is your right to have one). I think differently. They should have some consideration towards this fact, that we moved here, for the professions they need here, and we get our standard of living that we dream of, and freedom to work, as EAD was passed by then. So now to take it away from people who moved here based on the situation back then, they shouldn’t change it for most.
        There should be stricter rules and limitations on ead(I mean freedom to work anywhere, which even the primary h1b holder doesn’t have is excessive). But revoking it completely, and taking away from people who planned their lives around this work permit is wrong.

        1. Tam

          Rules change all the times, especially for temporary workers. Deal with it. Think about the people who lost their jobs to cheap labor. You are not better than any one of them.

  17. VDesi

    If you can afford it, spend $500k and get green card in 6 months using eb5. It’s not a fee, but an investment with good possibilities of return of principal and appreciation.

  18. G3

    H4 EAD was my life savior.. for a dreamer like me who wanted to be independent, explore and achieve this news is so crumbling.. we dependents were waiting for a long time in the queue for this golden opportunity to prove ourselves..we dependents are longing for some respect from our families, children to show them that we are very much capable.. we wanted to be a best example for our kids..trashing my 11 years experience in my field of interest for nothing but to sit idle and get depressed at home is like killing my thoughts, dreams and much more my independency to live..
    What do you expect from all these talented dependents to do.. Should we sacrifice all our dreams for being a dependent of an h1b holder.. or should an h1b holder not choose to live with his family to pursue his deeds or do you think it is that easy to live in this country with 1 salary with the cost of living here..totally it’s a cruelty to remove this rule.. we are not taking the opportunity of anyone else.. for any job position the employer is doing the necessary screening steps.. do you think with fake resumes the candidate will be able to get through the screening processes or by chance if they got placed do you think they will be able to secure that position for a long time.. impossible.. only the real talent gets the opportunity.. there are numerous positions in the market that are yet to be filled.. if you are really talented you will get your place.. fight with us rather than being a coward.. it’s really frustrating.. don’t be our dream killers..we kindly request you to let us live a normal independent respected life as we wished.. please do not revoke h4 ead..

    1. rr

      when a person getting married don’t they know that they cannot work in US then why they say all reasons for working its all drama of greedy man. Initially they want to come to us then argue for rights etc… its all greed talent can survive anywhere we can see millionaires in India also. Till we are citizen of US we should abide by US laws whatever it gives as you came to US not US called you If Africa calls you will go no right?

    2. Ajay

      People lament about killing dreams of H4s. No one has asked them to come here, it is a well thought out choice made. You knew the rules of the game and made an informed decision. And, if career is some important then it’s time for H4s and their partner H1Bs to sit, talk and come to a workable solution on where both can be happy, assuming both are career oriented. I have seen many couples taking pragmatic calls. It just depends on how badly one wants to live in US even at the expense of their self-respect and at the expense of their partner’s self-worth. Sadly, we Indians, who tout so much of family values, fare very badly in this space.

      On the path to become green card holder is not exactly same as being a Permanent Resident, hence not all rights of PRs and citizens can be provided.

      If the govt starts thinking about those that are not PR/citizens yet then what are they doing to make life easier of those who voted for them?

    3. AZ

      I second this. You are so like me. It’s so nerve wracking when someone generalizes about fake resumes nd fake talent.

      Even if the resume is fake, who the heck on this earth can survive the screenprocess and the 5 rounds of interview with different process. One cannot fake the in person interview.

      This is very cruel and i pity those people who are wwaiting for the h4 repeal rather than working on their skills and getti g their 1000k dream salary

        1. ss

          Just because u r not efficient or skilled enough u cant say like this.. u r among those who cant grow without pulling other down.. SHAME on u

    4. Tam

      The only suggestion for the people complaining about H4 EAD is to slap your spouse who is on H1 as hard as you can, for keeping you enslaved for all these years. You could have used your “talents” and be productive in India where you are eligible to work. It is because your spouse’s lack of consideration for your ambitions you are in the situation you are today, it not because of the H4 EAD. If you are even slightly serious about using your skills to be productive, move right now, to a place where you can work. H4 EAD is a slap in American worker’s face. It has nothing to do with your talents, it takes opportunities away from Americans.

  19. Maryam

    So far approximately 100k EADs are issued. How many of H4 EADs actually got full time jobs which is paying them good ? How may jobs were displayed cause of H4 EADs ? There is no actual data available anywhere to show H4 EAD is real threat to American Jobs and still someone decided to go after law abiding visa holders who are paying taxes and contributing to economy. It is a known fact that school ratings improve wherever Indians live as their kids do well in studies and score well in standardized tests which in turn helps to increase property values in that school district.
    Indians are easy targets and no one will come to their rescue to at least debate n facts.

    1. Tam

      H4 affects everyone, not just Indians. Know your facts. Sure, Indians are complaining the most. Indian kids are getting a FREE American education, so there is a mutual benefit, which you forgot to mention. Now, don’t say you are paying taxes, so is everyone else. Property values fall as Indians move in, as no one else wants to live there.

  20. Amanda Hawkins

    This is great news. Thanks to trump govt for this decision. Most of h4 ead holders use fake resume to get Job. They do not even have masters from USA.fake resume and proxy interviews are taking valuable jobs.hopefully H1B new rules will implement soon raise wage level to 100k. Great work trump govt keep it up.

    1. Divya

      I worked with different top tier companies in India for 8 years with some exposure to work in South Africa. I was at a very good phase of my career when I had to leave my career behind to join my husband in USA. I heard that if a person is talented than he/she can flourish in USA. This thought made me to make such pathetic decision to come USA. This American dream makes me a dependent person whose freedom of earning has been snatched. Instead, It has gifted me depression and several other medical issues. I have been waiting for my EAD for last three years, and now once I received it, I have to throw this dream of independence in trash again.
      Even-though we are qualified and experienced enough to take a responsible job in USA, we have been forced to sit at home. This is cruelty. H4 dependents are not taking any once job but giving a competitive platform. We are much educated and experienced spouses of H1 visa holders and we can together make America great again. Revoking H4 EAD is simply a cruelty with so many much educated and highly experienced professionals.

          1. Srinivasan

            O’ Proud Defender of the Desi Rights!

            Thy name we shall chant. Our humble prayers for you to keep vigorously typing on your keyboard from the comfort of your 4 bedroom home!

            Pray you burn like the shining star you are!

        1. Amanda

          I am alumni of USM and not a fake name. None of h4 ead has to pay student loan. Fist of all they use fake resume. Secondly they are from some stupid college. If fee in American college would be affordable they we will not have seen single visa holder in my country. Anyway bye bye now . Hire American and buy American

          1. Listener

            Which country did your parents or grandparents immigrate to US from? You want to draw the border after your family conveniently stepped into the country..Not fair is it?

      1. Trumpie

        You had made a conscious decision to apply for a H4 DEPENDENT visa that very clearly states that you cannot work. Did you forget that decision? You are making it look like the US government forced you to come to their country. If a job was so important to you, why even apply for a DEPENDENT visa.

        Thousands of immigrants (after marriage) come as students or try their luck with H1. You chose to apply for H4 and you are blaming the country for it?

        1. Divya

          Hi,

          Thanks for your kind words.
          I knew very well about H4 visa and its limitations. I have double Masters degree in Computer Science and one from USA. You have correctly mentioned that try ur luck with H1.
          Unfortunately my luck is not in my favor. But here I would like to ask a simple question. Suppose, I got my H1 in lottery.
          In that case, am I not taking an american job? I am not blaming anyone for anything.I just wanted to mention that earning is a basic right of a person and we have potential to serve for ds country dn why not get EAD?

    2. M

      I really dunno whats a fake resume? How can you answer interviews with fake resume? Its all technical positions. But transitioning into a new role is different. You can do that at anytime without any issues. You can take a network training and become a NOC. you can take certification courses and start at base levels.

      I think Indians do have a talent with computers which is the future now . Automation, cloud, Devops are all in trend and the Indian Techs do that job. How does this take away others job? I havent seen people from other countries eve try that. I have seen prople in management (lower level) but not even trying to be technical.

      A valid argument would be , do not allow immigrants to take Management positions which are not techy and could be very well done by the local people. But companies are moving to a technical/Hands on Manager which i could say has possible reasoning.

      But telling Indians taking tech jobs from people makes me roll and laugh. Its not at all true.

      1. Tam

        You have a myopic view of the IT market. Americans gave up on tech jobs, as we cannot work for the low salaries like most visa holders do. That is the reason you don’t see many natives working in IT. It will take a while to undo the damage caused by Indian techies. Just because you see Indian working in the latest technologies, does not mean they are making top dollars.

        1. HatersWillHate

          Sorry Tam
          You must be really really rich. I and other tech people on H1B are happy with our low paying jobs IF according to you $150k – $300k range is considered as LOW. Americans can keep their $8 / hour HIGH paying jobs in burger king . We definitely won’t compete for that as we lack skills for SUCH HIGH paying jobs

          1. TAM

            There is no end to your arrogance . ONLY H1s make 150 to 300k and all Americans make $8? I have no words for your ignorance. I can guarantee you less than 5% H1s are in the bracket you mentioned. Most of they make less thank 100k at best.

    3. Barath

      Don’t bluntly generalize things, know the facts, use your brain.
      How many US-citizen employees here have Masters? American’s hardly have Masters in their qualification.
      Fake resume and proxy interview? – Yes, some of them do that, NOT ALL. Do you think software job is that easy to survive by faking their skillset? They get fired in no time if they don’t demonstrate their skills in jobs.
      There’s huge lack of skillset among americans. American government should take steps to reduce university fee for americans and encourage people here towards STEM jobs. Once the skillset grows then apparently companies recruit americans over non-us citizens.

    4. Barath

      Don’t bluntly generalize things, know the facts, use your brain.
      How many US-citizen employees here have Masters? American’s hardly have Masters in their qualification.
      Fake resume and proxy interview? – Yes, some of them do that, NOT ALL. Do you think software job is that easy to survive by faking their skillset? They get fired in no time if they don’t demonstrate their skills in jobs.
      There’s huge lack of skillset among americans. American government should take steps to reduce university fee for americans and encourage people here towards STEM jobs. Once the skillset grows then apparently companies recruit americans over non-us citizens.

      1. Amanda

        Lol huge lack of talent . Because of corrupt government fee of college is unaffordable. What rank of college where you did your studies in India . Another how much money you pay for your B.S. whole course 5000 usd. People bribe college official in India to get admission. What else you want to know about h4ead cheaters from me. Anyway now it is banned and H1B will be made difficult. Why you are so concern about Usa . R u USA citizen or gc holder no. You see Usa as a cash cow but thanks to trump no more visa abuse.

  21. HadEnough

    I did my Masters from CMU and then worked for a top tech company for 3 years. Applied H1B for 4 consecutive years in 36 months of OPT (one attempt was after I got the offer and before the job started and hence 4 attempts) Never got picked in lottery. I had a better job than my husband, then lost it because of the stupid lottery. Now we were hoping H4 EAD helps me resurrect my career but that also seems to be fading slowly. I feel like leaving USA gracefully at this point seems like the right thing to do. Here, whole life is about H1/H4 and the damn EB2 green card queue they say is 20 plus years now. There is more to life than stupid immigration issues . USA might have a lot of money and opportunities , but all this comes at the cost of peace of mind. Good luck to all hopefuls !

    1. Payal Sahani

      Absolutely. I am tired. What kind of life is this? Always worrying about the next visa status. I understand that we are immigrating to another country, so don’t expect a red carpet. But the amount of paperwork, interviews, lotteries etc. really breaks you inside. We are well educated, smart and driven people. In spite of that, to always live in the fear of rejection/deportation is soul breaking.

      US ends up pardoning and granting citizenship of illegal immigrants/border crossers every now and then. But it is easy to go after well documented high skilled legal immigrants. It serves their political agenda and provides an outlet for conservative Americans to express their anti-immigration stand.

      This is not a life we deserve. We work hard not just for ourselves, but also for the success of the American companies.

  22. Harry

    Guys I’m also on H4 EAD and recently got a good job but don’t lose hope and instead call your congressmen and request for their help. Just posting blogs will not help, start calling them today and join “Immigration voice” on facebook they are doing so much for us already by filing a motion against this case they were already successful in atleast delaying the decision. I only want to say do something, call congressmen, show they how it will damage you and your life. Join “Immigration voice” and show if you will get losses and how. For ex: if you have opened up some business on this visa and hired American people or citizens. Show them that americans will lose their job

    1. SH

      Good point.
      Can you (and anyone else) post links to these forums / groups / pages, where our voice could be heard and would mean something. We should try to kill this unjust insanity before it takes effect.

    2. TS

      I hope H1 EAD survives!
      Just shifted here last month. Do not intend to go back anytime soon. Waited for the work authorization for 5 years now. Guys, please let’s come together and do something about this.

      1. Harry

        Find it here , I’ve already call almost 15 times to support HR 392 bill , please do something else things will go out of our hands :-

        https://www.house.gov/representatives/find-your-representative

  23. VDesi

    Let’s see. America makes rules and changes rules as per their needs. Sometimes you get GC, sometimes you don’t. Nothing was guaranteed, no one forced you to come here or is forcing you to stay here. Some of the ungratefulnees display by genorisity of America is appalling.
    Finally, the only safe way left to come to America is EB-5. Everything else is a waste of money, especially F-1.

    1. desi banda

      You have no clue what this is about, do you? EADs were given to spouses of H1 holders who already have an approved I-140, it means they are in line for a residentship which is in accordance with the current rule for L2 visa holders. Giving an opportunity to work to those people and then snatching it away will obviously make people mad but apologists like you hold others at such high standards that no society can live up to it. If you can’t help then at least don’t sit there and judge others, and I’m pretty sure you would not be giving any of your gyaan here if you yourself or your wife/husband was going to have their EAD revoked by this new atrocity that the Trumpet administration came up with.

      1. VDesi

        You really should get even with the Trump Administration by leaving USA. See how badly they will beg you to come back.

        Rules and laws change. Get mad, jump up and down, make noise, write letters, make comments, not much will change but will make you feel better. Don’t forget to thank America on the opportunities you were given.

        1. Ank

          Bro, this is about moral ethics and about being right and wrong and not about politics.No one is denying the fact that US government cannot change laws.But this is not how globalization works where everything thing is a resource .What is happening today is pure protectionism.By this logic other countries should stop doing business with US companies.When India does something like this then US goes crying in front of WTO (example the Solar dispute).
          Anyways, you are correct in saying that immigrants have no rights.Whatever happens has to be accepted.

          1. VDesi

            Globalization applies to goods not jobs. I can buy a solar panel from USA or import from China, whichever I want. I can’t import a Nigerian programmer just because he is cheaper than an American.

        2. desi banda

          Oh yeah people should just uproot their families and lives and leave. They shouldn’t even protest for such unfair and mean spirited efforts which directly affect their lives. Why don’t you go back right now man, I’m sure they don’t want you anymore than they want us. Thank America and pack your bags- practice what you preach.

  24. ssn

    H4 EAD is the only thing that kept me hopeful of a solution to my dilemma in US. I have been away from my wife since 2 yrs now, waiting for my I140 to be approved so that my wife can work here and i can finally live a normal life in US, but based on this news i dont think there is any hope left for new H4 EADs. Life hits you in unique ways everday!! You just have to take it in stride and prepare for the next shock i guess!!

    1. SH

      File it. Just in case, if this rule doesn’t go thru, you will be benefited. And even if this goes thru, it’ll still take some time to take effect. If you get approved EAD before that, there is a chance that your wife will get to work atleast for a few months.

    2. administrator
      Kumar

      Deep,
      You should file it. Nothing changes as of today. It will take months for this current process to go through. Also, once H4 EAD given, even if they remove in worst case, they usually will give more time to the current EADs to extend and slowly exit so it has less impact for businesses.

  25. RD

    I’m on H4 EAD because I applied for H1B for 3 times and didn’t get into the lottery at all! If this could at least be delayed, I hope I could at least try H1B for a 4th time 🙁

    This is unfair. Companies always tend to hire Americans first because sponsorship is expensive. We are actually more expensive than those losers who can’t win even so much advantage.

    1. AZ

      I am in the same boat. Applied for H1 for 2 times, did not get picked in the lottery. So, I have to do Master’s without any scholarship. When I finally started working, they are revoking H4 EAD which sounds so insane.

      I paid for this country so that I can work and live my dream. But now, it’s all over.

      Let’s come together, raise our voices and fight for ourselves and for our families. Let’s make sure we get at least 50k comments

      1. Nv

        First of all u didnt pay for this country. U paid 4 urself. 2nd because of ead people who directly come from other countries get work easily due to less paper work but a person who has studied in usa and wirks day n night doenst get job just because company doesnt wanna file h1 nd get into paper work process.

        1. AZ

          If you are not from an ‘OTHER COUNTRY’ like me,why do you need a h1?

          If you have studied day nd night, i did too but why do you think you are more elegible than me?

          It’s not the paper work. It’s your knowledge determination and hardwork. If you crack the interview, and if the organizatio s think that you are eligible than everyone, they would file h1 for you.

          Rather than blaming h4 spouses, blame yourself

          1. Srinivasan

            Hahahaha…so hilarious watching desis turn on each other in a flash. Classic!!

            Come down to Mumbai y’all. Ain’t much you got to do there.

      2. Mishra

        You guys come to this country stealing jobs with fake resume, low wages. This is the fact that Mr. Trump and his admin knows about except Mr. Obama and Facebook CEO. Its time to end this loophole. Hire America 1st is the king.

        1. AZ

          Low wages? Are you getting 1000k by the way? If your knowledge if 50k worth, do you want the companies to pay you 1000k?

          What is your highest level of education? I bet that you can’t do my job. We are hard workers and we put our heart out in anything we do. We just done work for the pay.

          If we think you deserve 1000k, why are the companies not paying you 1000k? Pity you.

          You will be paid for what you have. Nobody is ready to give you 1000k even if we quit our jobs. Your lives will be in trouble if we don’t work.

          1. Mishra

            Without H1b and H4 EAD in the US market, our wage will be double the whatever existing wage (you said 50k, haha), we all know that except you moron from other countries. We will work harder than you if the wage is double. LOL

        2. Sn

          Performance through out the year and for years cannot be sustained in the basis of fake resumes/degrees. Companies require high skilled workers and these workers will not take low wages. Will instead go back to their respective countries. Neither will an American stay jobless over being little underpaid with low wage.

        3. Sn

          Sorry, also it is funny when you are aware that EAD holders are also equally high skilled and well qualified, in most cases. In fact those taking up odd jobs too are often holding a bachelors or masters. Please don’t be venomous. If companies favoured Indian educated individuals is only when they saw it more profitable. Not doing anyone favours.

    2. TK

      H4 EAD is the only thing that kept me hopeful of a solution to my dilemma in US. I have been away from my wife since 2 yrs now, waiting for my I140 to be approved so that my wife can work here and i can finally live a normal life in US, but based on this news i dont think there is any hope left for new H4 EADs. Life hits you in unique ways everday!! You just have to take it in stride and prepare for the next shock i guess!!

    3. Shikha

      How presumptuous you are to think like this. barring few cases most of the people who got work on This visa are with fake resume proxy interviews, accepted low pay rate thus bringing the whole market rate down for regular people. If a common man (regardless of nationality) goes out to buy apples will he pick the cheaper rate/lb or the same apple @expensive rate? The corporate greed is to blame …therefore now law prevailed ..
      About me- after being on h4 for 2 months went back to India (instead of blaming the system , country and staying here as well) and when I got h1 I came back to live the way I wanted. Now I am displaced by an unqualified h4ead candidate not because they are smarter than me but because they are will to work for half of my rate.

  26. AS

    Hopefully, better senses will prevail and plight of H4 EAD will be understood. But it so far is not clear as to what they intend to do with existing H4 EAD holders. Congress and Administration has to understand that they cannot justify on one hand saying Immigration is broken system and on the other try to revoke H4 EAD. Hopefully this news will garner enough attention to bring in support from like minded support groups. I am also not sure if this was done to show court that progress is made before Jan 2 hearing. It should be told clearly that H4 EAD is a product of EB2 and EB3 processing not justified for Indian and Chinese nationals.If they can fix EB2, EB3 issues, there will be no need to H4 EAD. But Administration need to first address EB2, EB3 issue before axing H4 EAD. Otherwise this will be unfair treatment for spouses.

  27. Sri

    H-4 Candidates have been fighting for this EAD for years and finally got it in 2015 but now within 2-3 years they want to remove. What a shame on governments and their policies and it looks like a completely a lobbying scenario and screw the H-4 candidates in their game plan. Very pathetic .. On the other hand they Green Card doesn’t move any far and Asians has to fight for that as well. It is completely broken system and legal non-immigration people are paying for that.

  28. SM

    This news is really disappointing h4 dependents. I have applied my EAD on September, but EAD cases are not moving from July. These agenda may be the reason behind the pending petitions. Back to back issues are attacking existing EAD. Let’s join together to save the EAD.

  29. Pc

    I just applied my ead last week and I was dreaming that I am not gonna fail in my career. Before getting it, they are publishing this falls agenda, I thought I have to wait for Jan 2,2018 to hear about court’s judgement. But one after other are coming to hit the EAD rule. Let’s wait to see the final judgement and other officialnews from uscis. Hope for the best..

    1. Lucky chap

      H4 EAD is started during obama era, current administration is rolling back everything obama did, without considering the facts behind his work. So, 90% this h4 EAD is going to be cancelled. What is the point in discussing about this and provoking the racists to write dirty comments here.

  30. SK

    This news is extremely disappointing. My wife completed her master’s here, had a better job than I have (and I’m doing pretty well for us) , did not get selected in the lottery and was forced to change to a H4 and when we finally saw a shimmer of hope after she got her EAD, this happens. I don’t think it just affects the dependents, it’ll affect the families and for me the future here looks bleak now. They will definitely regret passing this rule.
    The article here says that “We have no details on what happens to current H4 EAD holder working” but the screenshot above clearly says that labor turnover costs are anticipated which means H4 EAD will affect existing businesses who have employed H4s. I’m not completely sure but looks like anyone with the EAD will be affected

    1. priya m

      Nope, they will give sunset clause like DACA, 2 yrs or expiry. If they decide to cancel the xisting H4 EAD’s, it will attract law suits which the govt doesn’t want like Entrepreneur or muslim ban.

    2. priya m

      That clause indicates that based on Reddy & Neuman PC yesterdays discussion, how much economy loss the businesses will incur to find new replacements once current H4 EAD;s are removed.

  31. Srak

    This is a very sad news for my family. I am on H1B visa and have been working for a non-profit research institution for almost 10 years. I came for my masters and have been working in the same field and same institution since graduation. My husband is currently on H4 EAD and have been working in his field of study and experience through this EAD program. He is not a IT tech either. I do not see why we have to go through this revoking process when we have been here legally for many years and serving a non profit institution. This is very pathetic for families like us where the husband is on H4 EAD. What did we do wrong? I really hope we strongly raise our voice on the rule public comments. My family might opt to leave the country if this rule really ends the EAD. If we leave, as the rule highlights, this is a huge labor turnover cost for my company which is especially a non profit education institution.

    1. MD

      I am also really sad hearing this rule. I have a doubt here.
      If we do strong comments, will it have any effect ?
      What I meant is, If the administration is determined to repeal H4EAD , will they hear us?

      1. Mishra

        No help, don’t waste your energy and time.
        -Revoking H4 EAD is Trump’s ultimate goal starting his campaign. They already made their decision to end H4 EAD long time back.
        -Most of high tech companies actually don’t want to hire H4 EAD as they all know most of their experience are fake, and hiring them will eventually hurt company’s product quality.
        -The real techie H1b don’t want H4 EAD in the market as it will be more difficult for them to look for jobs (EAD can work for any employers with much lower wages)

    2. Mishra

      How could you have H1b for 10 years and not GC yet?
      Basically H4 EAD is stealing more American jobs than H1B, its also hurting wages. Majority of H4 EAD is dishonest.
      H4 EAD has to be revoked.

      1. Tat

        Feel pity on you… mishra do you know how many h4 ead’s are actually working.. only .01. Why you are fighting with h4 ead. I am also in h4 ead. Consider us a human being… i have very good experience and i got a full time job in a reputed organization with all the background check. So please dont push the statement like all h4 eads are fake. We are not fake. No employers are recruiting employees without background check… by name i think you are also an indian. Shame on you.. Keep in mind these politics will turn to you too once even if you are a citizen. You are not actual american keep in mind.

  32. K

    On the notification they said only certain H-4 spouses, which could mean certain H4 spouses will still get EADs. Let’s not draw conclusions till we see the details

    1. PM

      Mr K – rule it self is for certain H4 Spouses i.e those who have I-140
      With this now there is more uncertainty , negativity.

      There will be drop in % for college students opting for US
      There will be drop in % for International Talent
      There will be some economy impact in coming few years

      1. administrator
        Kumar

        Currently, it is very much an agenda item and what you see in the article above as screenshot is what it is. You can see the link above the screenshot. Look for December update in above article.

  33. desi banda

    I find it utterly appalling that some people here are rejoicing about the proposed rule to rescind the H4 EAD, what’s more surprising is that most of these people are disgruntled Indian tech-workers who are happy that their fellow Indians would be hurt by this decision. Shameless losers.

    1. Jeff vangalapudi

      I guess it should take 9-12 months for repeal to happen as there will be so many lawsuits. By major companies and all the tech giants will be together, AND OF COURSE THERES AILA. And if there’s a course case, it’s an easy win for EAD To survive, as no one on EAD is here illegally, and it’s white collar workers with professional degrees, and professionals that US can’t afford to lose. Also, we gotta make sure that there’s at least 50k comments from h4 EAD community(affected party), as DHS is bound to respond to every single comment in a detailed manner, and 50k+ comments will take months to respond to. ITS NOT A BAD NEWS YET. THEY FOUGHT THEIR BATTLE. NOW ITS OUR TURN. REMEMBER, INDIANS AND CHINESE ARE TOGETHER ON THIS. ITS A GOOD CHANCE TO SAVE IT. I AM POSITIVE.

      1. MD

        I am also really sad hearing this rule.

        I have a doubt here.(Please don’t consider this as a discouragement, just for doubt clearance)
        If we do strong comments, will it have any effect ?
        What I meant is, If the administration is determined to repeal H4EAD , will they hear us?

        1. priya m

          Frankly saying this is just a public stunt. They do what they decide and dont change it based on the comments. I will have to find some other place to continue my residency as my org doesnt sponsor visas and its exceptionally difficult

        2. Jeff vangalapudi

          It may or may not have and effect. But they will have to delay the rule by the time it takes to review and respond to every comment. And i have read its pretty strong, and rules and comments are there for a reason. No harm in trying. Let us see how it comes along.

      2. Tat

        I dont think so jeff.. they already decided to revoke this rule. I am also in h4 ead. Thus rule will affect me very badly. They will take all the comments but they will decide the final rule as they decided. Eg. i140 ead rule. Every one commended but atlast they not even consider comments. This public commenting system is just for name sake. I am not diacouraging anyone. try to find back plan.

    2. reddy

      All I can say its 50-50. I came here 11 yrs back and got GC until that time was working with consultant firm which you guys know take most of the share and due to recessions rates were very low. when the time passed competing for a job with opt dudes was hard as firms encouraged them for a low rate and they made money, who lost is H1b holders and then h4 came and again who gained consulting firms. So who got GC are little hope that they will get jobs faster and get fair share $. Everyone here wants to make fair amount and not less for what they deserve. I feel sad for whats going on but everyone has there own commitments. So we cant blame it as we cant change the system here.

      1. desi banda

        This is an intensely moronic problem with the Indian community everywhere- they want to go a foreign country and don’t want other fellow Indians coming there anymore. Let me hand you a fat paycheck simply because you came here 11 years ago, have a GC and that makes you deserve more, right? And just so you know- my cousin in 12th standard can write better code than most of you oldies out there.

        1. chandu

          Desi banda,
          As you mentioned intensely moronic problem with the Indian community everywhere. What people are opposed to is putting fake resume and ready to work for $20 or $30 and giving advantage to the consulting firms who has already looted a lot from employees. People who are already here for long time has to earn at least minimum to support their family. If that is not the case all of us are welcome any one that compete on fair grounds.

          1. Rahm Schilling

            Don’t make it sound like you are living in abject poverty that you find it difficult to even feed your family. You earn 2 times the median American family’s income in a year. What you will lose through this rule is that dream of yours to being a smug idiot who acts all high & mighty when you come down to India. What you will lose is that 4th parcel of land you will not be able to buy. What you will lose is that wish of yours to waltz around in a Merc.

            What an American family loses is the chance to work in their own goddamn country!

    3. Mishra

      Most of Indian tech-workers are happier to see H4 EAD revoked. It will eliminate the competition from H4 EAD when stealing American jobs.
      Actually its not as hurt as revoking DACA as their spouse are still working as H1b.

      1. Abhi

        Hi Mishra,

        You seem to hold a sizable grudge against H4EAD holders. Everyone has the right to hold a grudge– that’s fine by me. However, not everyone that works in the US and is from the Indian Subcontinent is an IT-tech worker. Question to you: What about non-IT workers who are able to work only because they have a H4EAD? What do you think should be said to them? Is it fair to snatch their right to work from them? It’s not the American way. By they way, you had asked a question to someone about being on H-1B and not having a green card. Let me tell you, sir, it is possible. The wait times for EB2 India is over 7 years.

      2. M

        Crazy you Mishra ! I trust my skills . If not US I will get it somewhere . I work on cloud and i will Be Given a job by anyone . H4 or citizens or anything doesn’t affect my skills ! That’s y they have h1 sir ! Maybe u only know the minority who come fake . Maybe u r omen amonst them ! Scared ?

      3. Lucky chap

        So, you are comparing DACA with h4, DACA are illegal immigrants, h4s are not. This is not about illegal immigration from the beginning. Want to keep all the people of color out.

        1. administrator
          Kumar

          It is not fake, it is published in Fall 2017 Regulatory Agenda. We have updated above article to reflect the new developments and official links as well.

  34. Jeff Vangalapudi

    Even if it’s decided to roll back the h4 ead, can’t the rollback be delayed by months and months if someone decides to file a case against the new regulation that rescinds h4 ead?
    Because oh law firm shared this view on their news bulletin on 18th November.that it will take months and months for repeal to happen. And infinity if a few court cases are filed.

    1. AZ

      I hope so. That’s so unfair and it should not happen. I have a Master’s degree here and I am on H4Ead. We are working for this country to make things happen. Who the heck on the earth thinks that H4Ead’s are not eligible? It’s not the Visa status, it’s your knowledge

      I have spent a lot for my career and I am working. Does everyone who is against this has a Master’s degree? How is the eligibility even decided? If you think you are eligible, compete with us and win the race.

      Why do someone from your country hire us ? Because they think we are better than you. Rather than changing the rules, change yourself and grow better.

      Damn rules!!

      1. TAM

        Ah, I see you don’t want to follow the rules of the land. It’s not the “skills”, it’s the right to work. Which you do not have.

        I have more than one master degrees and I disagree to H4B. Enough said.

  35. ASD

    There was a post on a Chinese Forum on H-4 EAD that the Trump Agenda will be released on Monday Dec 11. If anyone gets the link first please post here.

    1. VP

      Do not believe breitbart or any other news outlet just yet (breitbart is known for it anti immigrant stance) . DHS should announce something in the next few weeks

        1. VP

          @Kriti I said weeks not days. The reason for that is the court has only extended the deadline till 2nd of Jan, less than a month away. A request for an extension by DHS has been denied by the court. DHS has to respond before that with their decision. So we should see some statement from DHS in the upcoming 3 weeks or so.

    2. administrator
      Kumar

      Nothing is official. Do not be mislead. The latest speculation is from Breitbart News as updated above. Nothing is released by DHS

  36. Jk

    People are fighting on H4 and H1, while lobbyists are doing their job in White House. Can Apple start manufacturing in the US, please? That is not an H1B problem. Companies need to be profitable, so they choose their own way of making fat profits. Waste of time discussing this .

  37. Sophia

    China, India, and many counties get benefits from huge population. Look at the world and go back to history. By having more population, salaries, education and GDP are up. Everybody shared the benefits. Don’t you think the lottery of H1B is ridiculous enough? Not to mention the case trying to abandon certain H4 holders’ EAD. Please note, only certain H4, most Chinese and Indian, because their spouses can’t get I-485 concurrent with I-140. Each year, only 185K people get H1B, suppose 50% of them are married. Among who married, suppose 50% are Chinese and Indian. So H4 is up to 46K each year. Comparing to 40.5 M 24 to 65 ages people looking for a job in the U.S., it is really like a drop in the sea. Win the game by your ability not by changing the rule. Why L2 can work but not H4?

    1. SH

      Excellent point. If H4 spouses with EAD aren’t allowed to work, they should revoke work authorization of L2 spouses as well. “Save Jobs USA” isn’t fighting against that. Why???
      Most of the dependent spouses are in CA, NY, & NJ and there is no shortage of jobs there. If not for H4 EADs, these reqs will remain unfulfilled anyway. Atleast by employing spouses of H1B visa workers (with approved I140), both – the companies and employees are contributing to the economy.
      All of us who are facing such situation should unite and stand against this if Trump administration tries to revoke the rule

      1. GR

        Yes, people in my company who took away the jobs are on L1B visas and rest of the work is outsourced to India. I have known many people who work in IT jobs with L2 with minimum qualification. Why not L1 or L2? Removing H4 EAD would not give away these jobs to American instead would go to folks in India.

  38. B

    @ASD – H4 EAD revoke proposed rule already published in Fall Unified Agenda released today. Publicly will be released midnight. Goodbye and go home all H4 EADs. If you have signed up for notifications, you will get it or wait to hear the news with your coffee.

    1. Gautham

      Is this a rule developed by you? Don’t spread these kind of fake news. This is not a place to play fun on these things. This itslef proves what ever you said until this time were utter lies

      1. j1

        don’t chase down this guy. The frustrated guy just because someone took his job at TCS. I still had no idea why people complain about others and not improve their skill. Without skill, there is no way they will hire you at TCS. Wait not even small Indian IT company. haha

  39. Tech Talk

    If you are capable you would not loose a job. Rather than blaming on H-1B/H-4 EAD, train yourself to be competent. No one is giving free money. Capable ppl get jobs.

          1. BO

            I think then its TCS problem and not you or H4 EAD. Why TCS want to pay less money to someone as because that job really need that level of skill. TCS is smarter than you atleast i can tell.

            I have green card and my is on green card too so H4 EAD doesn’t bother me.

          2. VV

            You talk like a philistine. probably from a state school with a 2.7 GPA, if that. You know why we
            take your job ? Coz you are dumb as hell and only capable of working in coal mines or in construction.

          3. Na

            As a person from a Christian country( I am a Christian myself), I pity your selfish motive. I am an highly educated( 2 masters degree) waiting on finding a job with H4 EAD. I have to come back to the US with an H4 since I had to go back just after I graduated here in the US to marry the guy I fell in love with. This is a great country and everyone here are trying to find a job and live a better life. If you, an immigrant by law( a long time ago) think you qualify for a job and me, a present day immigrant doesn’t qualify….you are not being wise and just. Because, me and you compete for the same job with different knowledge set. Who wins the job justifies their smartness and knowledge. Trying to get a job by stopping the wise just makes you a loser anyway. Your heart know you are imcompetent…just to get a winner tag, all this ?? I pity you.

      1. F

        Oh Boy, when you weren’t even born, i was coding here. You are an example of bad parenting. You were not taught to respect others. Grow up.

    1. P

      So True !
      Jobs are given on experience and knowledge, this is what are the first rounds of interview, the pay questions are asked in the end when you pass these.

      If you are really capable pass these first rounds.

      Removing H4 Visa is just a shortcut you are trying to take by removing competition.

      Capable??? Keep the Visa and get in the market….oh wait…you already are and not getting jobs…hence you are upset…right !

      People here are trying to run the race alone and win it….if you really want to experience winning of the race…run with us and win it. Educate yourself.

      1. B

        Haha you are getting too personal . I can replace 20 of you offshore TCS coders . And ofcourse I charge twice of H1bs and probably 10 times of H4 eads . removing h4 ead is avoiding low skilled workers replace true American who belong here . Go to India and Work from there if you are that well skilled . Americans come first in USA . It’s not a race . It’s the country . You came here as a non immigrant worker and now asking for rights .How was the schooling in india with no toilets ?

        1. B*

          haha. So TCS don’t want to pay you twice as h1b because they know they don’t need high skill guys to do their support work. So TCS is more smart than you. If i own business and if skill need for work is $10/hr than there is no way i can pay 20$/hr for same work. So technically you were doing some low skill job before. You don’t deserve to have competition with H1B or wait not even H4 EAD. Haha! get some skill and don’t complain!

        2. M

          @B
          So you are charging in multiple of millions? If not then STFU. Because I’m on H1B and although I won’t disclose my numbers, you would have to be CEO of some big shot company to charge twice as much as me. So don’t give people the s**t that you are being paid more than H1B folks.

    2. Whitecollarslave

      This is nonsense. If you are not authorized to work, it does not matter how capable you are. Which world do you live in dude. Wake up and stop thinking you are superior than someone else encaustic you figured out your h1b

  40. Observer

    I am a beneficiary of H4 EAD and still believe that an administration has complete rights to make or scrap any law. Though solely stripping of laws made by the previous administration is not healthy of any organization.

    There are plenty of jobs and all of them prefer citizens.A qualified and talented person of any origin, can make a living anywhere in the world, under any circumstances. While weak hides behind reasons & blame the world. It’s a fair world, you can’t be ignored.

    First, they ignore you, then they laugh at you, then they fight you and finally you win.

      1. J1

        i think you said 30nov will be the day. I think that day is gone . where did you got that information before? at the barber shop? hahaha

        1. B

          Hello JK, H-4 EAD is gone my friend. Search in the Regulations Gov Site and it is mentioned that H4-EAD is go, going, gone. Link posting not allowed so search for “H-4 EAD Recipient Rule Review and Reconsider”

          1. J

            haha! I did and that is main reason i said you need to see doctor and not post your frustration here. Did you get another job or everywhere you got same cheap competition? hahahaha.

          2. JK

            B ~ Not sure if US gov makes rules and send personally to you in your dreams. I did not see any such rule. There is no authentic news on this. Gov is revisting H4 EAD and 1000 other thing ex: removing coutry cap, that everybody knows since new President came. There is case is court, that also everybody knows. But there is no final verdict on anything. Here you are taking about some final rule. Thats nowhere. I dare you to share an authentic link here suggesting there is a new rule which would be effective from a certain (exact) Data.

          3. JK

            B~ Where? this 15 day old link http://www.breitbart.com/big-government/2017/11/21/dhs-prepares-end-work-permits-foreign-h-1b-spouses/ ? That I had read before I became active in this thread. Yes DHS is preparing, whats new in that. I am asking about the outcome. Is there a new update?
            How hard it for you to post a link here?

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