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 is the summary of the latest news updates on H4 EAD.
Impact of New Trump Administration in Office:
January 2025:
- Since Trump Administration took office in Jan 2025, there has been no new update on the H4 EAD status.
- In the past, they had plans to remove H4 EAD, but did not happen. At this point, we do not know what their plans are until the regulatory agenda comes out in the upcoming months. We will keep this article updated, if anything changes. Stay tuned.
- As of now, H4 EAD will be there and you can continue to use it.
Below are the most recent H4 EAD News on various fronts.
Impact of Biden’s Win on H4 EAD program
The original H4 EAD was created under Obama-Biden administration. So, Biden win is a positive thing for H4 EAD program. What we do not know is the Court situation. On Jan 25th, 2021, OMB has withdrawn the H4 EAD Removal rule. DHS has to defend their action now in court, in the past they said they plan to cancel it and had regulatory agenda item as well. It will now boil down to the court arguments and how the facts are presented. We need to wait and see, how this whole thing works in court.
H4 EAD Rule Removal – Rule-making Process :
- Jul 2023 : As of July 2023, no new update since the withdrawn status. H4 EAD Continues to stay.
- May 4th, 2021 : No new update since the withdrawn status.
- Jan 26th, 2021 : Finally, on Reginfo.gov we have an update on the H4 EAD Rule removal. It status says withdrawn and the OIRA concluded the OMB Review ( EO 12866 Regulatory review ) on Jan 25th, 2021.
- The withdraw status means that DHS does not plan to pursue the H4 EAD rule removal anymore. It is a big positive thing for H4 EAD holders.
- There are no additional details given regarding the rationale of OIRA to withdraw the rule. See below screenshots and check official Reginfo.gov website H4 EAD Status
- Jan 2nd, 2021 : No new update on the rule making in the last few months since July 2020 until Jan 2, 2021. It is still on hold with OMB for further review.
- June 30th, 2020 : Spring 2020 Regulatory agenda was announced with H4 EAD removal in that list. This is not the first time that is happening, it has been there since Spring 2018 agenda, until this agenda. The dates has been moving. Now in this agenda, they have moved the date for publishing the rule for public comments to September 2020. See below screenshot Nothing changed, still the status is with OMB and no changes on the same. We continue to wait. See
- If any news article states, DHS Plans to remove by Sep 2020, that is wrong, it is only the NPRM ( Notice for Proposed Rulemaking ) date for public to give comments.
- You can check H4 EAD Predictions Timeline with projected dates, based on if they publish it by September 2020, when we can expect the rule to be removed.
- Read More at Spring 2020 Regulatory Agenda H4 EAD
- 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
- 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
- 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.
- ( Unofficial – June 20,2019 ) There was a tweet by one of the attorney’s attending AILA Annual conference saying that the economic analysis was wrong and Govt is trying to fix that and there is no estimated time on the same. You can check tweet
H4 EAD Lawsuit in Court:
- March 28, 2023 : After many back-and-forth motions, eventually on March 28th, 2023, the court dismissed the lawsuit and granted judgment in favor of DHS. Basically, it means that DHS had the authority to create H4 EAD and it is here to stay. Check full court ruling at Lawsuit Judgment Document
- May 4th, 2021 : The reports as per the schedule from March 5th, continue to be filed by both the parties. Will be updated after we review the documents.
- March 5th, 2021 : A Joint status report was filed by DHS with the below dates for the future. We will keep you posted with the updates.
- Feb 14th, 2021 : No new update in the lawsuit since October 2020 until February 14th, 2021. The case status is as it looks October 2020. There is no update on the status.
- There were two updates in February 2021 related to attorney appearances in the case. They are just administrative processes related to representation in court. But, no real update on the case judgment or progress on the same.
- As DHS has withdrawn the H4 EAD rule removal from the rule making process in Jan 2021, they need to justify their action in action. In the past their stance was different. We need to wait and see how the court reacts to this.
- We may some action now that DHS was withdrawn the rule making process to revoke H4 EAD. We may see Save Jobs USA file some motion on this.
- October 5th, 2020 : There was a joint status report that was filed in the court indicating the status of the case. The status document tells the state of affairs with the case. No decision in it. As per the report, Save Jobs USA wants decision on this soon. But, the intervenors want the case to delayed as the president election is upcoming. DHS says they are OIRA does not have time to work on H4 EAD case due to priorities with COVID-19 situation.
- September 30th , 2020 : No real update in the court case. There are some minor changes in attorney’s representing the case. That details are updated to the court. You can see below. But, in terms of the lawsuit status, nothing has changed. There is no response on the injunction order. See below screenshot on the updates timeline in September.
- 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.
- 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.
- There was one minor change in attorney details submitted to the court for the intervenors. See below history of the case.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 :
- 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.
- 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.
- 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.
- You can check the actual court documents on our H4 EAD Lawsuit Court Documents Page
- 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.
- Updates Before Sep 16th, 2019 : You can scroll down below for previous updates in order by dates before.
General H4 EAD News :
- May 4th, 2021 : No new general news on H4 EAD in last year or in current year in last few months. Now with COVID situation, the biometrics appointments are delayed and ASCs are slowly opening.
- Dec 30th, 2019 : No general H4 EAD news in December yet. Nothing in November, October and September. Below are some general updates from previous months.
- H4 EAD Processing time Delays Lawsuits : Since June 2019, Immigration Law firms like RN Law firm in Houston, TX have been filing H4 EAD delays lawsuits every couple of weeks…there were multiple H4 EAD delays lawsuits filed by many individuals stating that H4 EAD adjudication delays with New H4 Biometrics Process is causing hardships for them due to the USCIS delays. You can check Summary of H4 EAD Processing Delays Lawsuit.
- H4 EAD Protection act Bill re-introduced : Rep Eshoo re-introduced H4 EAD protection act bill in House in May, and it is in sub-committee for review as of June 2019. All details at H4 EAD Employee Protection act Reintroduced 2019.
Check full detailed updates in below timeline. Scroll down bottom for latest H4 EAD news update. Join Telegram, Facebook and Community Forum to discuss, ask, share.
This article covers below aspects:
- Background to H4 EAD Rule
- What’s H4 EAD Lawsuit filed in court ?
- H4 EAD and Trump Administration actions history timeline by date from 2017 to today, Latest News, Lawsuit updates
- H4 EAD Revocation common FAQs – validity, can you apply, future applications, etc.
- H4 EAD Rule Revocation Impact Analysis and current state Summary
- User Comments – Heated discussions
You may check out our short video on Entire H4 EAD History from 2015 to 2018.
Background of H4 visa EAD Rule :
For many years, since the H4 visa program inception, H-4 holders have not been provided with any work authorization. This changed on May 26, 2015 when USCIS passed the Employment Authorization for Certain H-4 Dependent Spouses rule. The H4 visa dependent spouses were eligible for work authorization EAD provided the H-1B spouse satisfies one of the below two:
- Have an approved I-140, which is the immigration petition for foreign citizens to get Green Card or Permanent Residency in USA.
- Have H1B visa status extended beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending.
Soon after the H4 Visa EAD Rule was enacted, two things happened:
1. Thousands of H-4 spouses applied for H4 visa EAD ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home.
2. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. More details on H4 EAD Lawsuit.
What’s the H4 EAD Lawsuit ?
‘Save Jobs USA’ (an organization comprised of IT workers who claim they lost their jobs to H-1B workers) filed its lawsuit against Department of Homeland Security (DHS) on April 23, 2015 before the rule was about to go live. The lawsuit was initially dismissed by a Federal district court in September 2016 (check references below ) as “Save Jobs USA” could not defend their lawsuit that H4 EAD holders will impact them. The plaintiffs, who is ‘Save Jobs USA’, filed an appeal to the United States Court of Appeal for the DC Circuit. The plaintiffs, claim two things:
1. The new rule has no protections for US workers and increases the pool of workers looking for jobs
2. DHS never had the authority to grant EADs to H-4 visa holders.
H4 EAD & Trump Administration Timeline, Latest News :
Since President Trump’s administration took office, there has been lot of speculation and rumors about what will happen to H-4 visa EAD rule. Below is the timeline of what has happened since President Trump took oath:
- February 2, 2017 : The Trump administration requested ( filed a motion) a 60 day abeyance (state of temporary inactivity ) to consider the issue and submit their brief ( response to consider the case).
- April 3, 2017 : The administration asked ( filed a new motion) for additional 180 day abeyance(state of temporary inactivity ) before they can provide their opinion. The Trump administration will update court every 60 days on the issue and update court before elapse of 180 days.
- June 23, 2017 : The appeals court granted a stay on Jun 23rd, 2017 and asked both the parties, SAVE Jobs USA and DHS to file further motions on how they would like to proceed with the case by Sep 27, 2017.
- September 20, 2017 : SAVE Jobs USA has filed its motion stating that DHS has not taken any action and no publication of rule has been done in Federal register related to the H4 EAD rule and they requested for oral argument to conclude the case. They continue to tell that the delay would hurt american workers and new litigation would begin again.
- September 27, 2017 : DHS ( Trump administration) filed a motion and requested the appeals court to hold the current H4 EAD case again in abeyance( which basically means hold on temporarily in suspension ), until December 31,2017. The whole reason DHS have asked for this extension is to ensure that DHS and administration align their entire approach to implement Trump Executive Order 13788 on Buy American Hire American and consider how to handle the H4 EAD rule as part of overall view. For source, you will need PACER Login to view the entire document on court’s website. Below is a screenshot of the actual info.
- 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 below
- 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.gov
- 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.
- 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.
- 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
- 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
- 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 Rule
- 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
- 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
- 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
- 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
- October 16th, 2018 ( Official ): Senators Harris and Gillibrand wrote a letter to USCIS on Sept 26th,2018 regarding H4 EAD removal to reconsider as it will create extreme hardship for many families. USCIS responded officially to their letter stating that their priorities are to implement President Trump’s Buy American Hire American policies and safeguard US workers, stating that there will be comment period for everyone to provide feedback. You can check Official Letter from USCIS for Senator Harris
- October 17th, 2018 ( Official ): Fall 2018 Regulatory agenda was published and it included H4 EAD rule removal as one of the agenda item. DHS is looking to propose NPRM for H4 EAD rule removal in November 2018 as per the update. We are just waiting for the rule to be published. Check more details of Fall 2018 Regulatory Agenda – H1B, H4 Impact Summary
- November 16th, 2018 (Official) : A new bill called “H4 Employment Protection Act” was introduced in House by Reps. Eshoo and Lofgren. The whole idea of the bill is to stop Trump Administration from Revoking / Removing the H4 EAD Bill. It talks about hardships and benefits. Still very early stages, not much to predict. You can read Summary of the H4 Employment Protection Act, Status, Impact
- November 16th, 2018 (Official) : Also, semiannual regulatory agenda with H4 EAD rule removal info was published today in Federal Register. It is under sequence number 299. The NPRM is not yet published.
- Nov 17th to Dec 16th, 2018 ( Unofficial) : No updates from Nov 16th to Dec 16th. There was a status report due to Court on Nov 19th, but nothing was sent to court. We are expecting that DHS would very likely publish the rule for OMB review by December 21st, 2018. The reason is that they have mentioned that to the court on September 21st that they would file it to OMB within 3 months and that day would be Dec 21st. Check DHS court documents and above updated from September 21st screenshot of official court.
- Dec 17th, 2018( Official) : US Court of appeals issued two Per Curiam Orders ( basically issued by court and not a specific judge) stating few things :
- To remove the court case of H4 EAD Lawsuit from abeyance ( basically on hold or dormant status)
- Denied the motion filed to expedite the case ( take decision quicker)
- Granted a motion for leave to intervene ( meaning a third party other than the two parties fighting in the case to join the case past deadline ) for ImmigrationVoice team to join the case and let them put in their argument in oral hearing. Check out ImmigrationVoice FB Page
- Ordered all the parties to file a new opening briefs( a written argument on what went wrong with case and facts) and also the new party joined the case to file the same. See dates in below screenshot.
- Below is the screenshot. Also, we have dates now setup for the replacement brief. You can check out full court documents from today at H4 EAD Lawsuit Court Documents History
- It is going to be interesting as we have lot of things going on in parallel with DHS and court case in progress.
- Next Action Steps in the H4 EAD Lawsuit : By Jan 16, 2019 Save Jobs USA has to file a new Replacement Opening Brief ( written documentation supporting their lawsuit ) and after that by Feb 16th, 2019 DHS has to file their Brief (supporting documentation for the lawsuit defence ). Immigration Voice will need to file their Brief ( supporting information and facts) regarding the lawsuit by Feb 22nd, 2019. Based on all of these Brief’s submitted, SAVE Jobs USA has to reply by March 15, 2019.
- You may watch our short 3 min H4 EAD Court Order YouTube Video explaining what the court orders mean.
- Jan 15th, 2019(UnOfficial ) : No new updates on H4 EAD until today in this new Year 2019. Tomorrow is when court should get the replacement brief from SAVE Jobs USA. Also, Trump did a random tweet without any details saying that H1B will be given path to citizenship. With partial Government shutdown, there will be delays for the H4 EAD removal process… Also, We still continue to wait for the proposed rule to be sent to OMB to be reviewed for NPRM. We were expecting it to be published around last week of December 2018, but now with the new court orders and US Govt Shutdown, things have changed and we have to wait and see what happens .
- You may watch recent YouTube Video : Entire H4 EAD Lawsuit, Rule Removal History from 2015 to Dec 2018 ( 3 years 8 Months)
- 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
- You can check out Jan update in short video on YouTube – Replacement Brief Argument , Court Order
- You can check out Jan update in short video on YouTube – Replacement Brief Argument , Court Order
- 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
- 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.gov
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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..
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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 Documents
- 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.
- 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.
- 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.
- 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.
- 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.
- September 16th, 2019 : All the three parties posted their court response today. We have summarized the details on top of the page. Please review details there.
- September 18th, 2019 : Court issued an order in the evening that the oral argument would go on as planned before on Sep 27th, 2019. Read the details and screenshot in beginning of the article for summary and screenshot.
- September 20th, 2019 : DHS and Save Jobs submitted two documents, see above in the beginning of page for details on the update.
- September 25th, 2019 : Court gave the order of cases and timing for the oral argument on their calendar, see above in the beginning of page for details on the update.
- September 27th, 2019 : Court had oral argument on time. It lasted about 45 min or so. We have compiled the entire key points of the argument. Read H4 EAD Lawsuit – Oral Argument Summary, Next steps.
- November 4th, 2019 : No update from the court on the judgement until today. As there is no SLA, it can take few weeks to few months…No new update on the rulemaking as well for H4 EAD rule removal.
- November 8th, 2019 : Court gave Judgment today in favor or Save Jobs USA. The H4 EAD Case will be sent back to District court for next steps. See below and Read H4 EAD Lawsuit – Court Judgement Summary
- November 10th, 2019 : There is a minor update on the Reginfo.gov website that indicates that there is a stakeholder meeting scheduled with Infosys on the H4 EAD Rule revoke. Details are at Reginfo.gov
- November 21st, 2019 : H4 EAD rule removal continues to be part of the Fall 2019 Regulatory Agenda, read beginning of article for summary info.
- December 30th, 2019 : There were motions filed for rehearing in the case and court denied request by DHS. They are yet to respond to Immigration Voice’s request for retrial. See above in the beginning of article for more info. We continue to wait on the rule making side.
- January 27th, 2020: There were two court orders that were released denying the re-hearing petition by Immigration voice & intervenors. You can see above in the beginning of article for the screenshots of orders. Next step is for the case to go back to district court as the re-hearing request is denied.
- Feb 7th, 2020: On the court side, we had mandate / order issued by the appeals court on February 7th, directing that the judgement from last year November holds and the district court need to take up the case. See the beginning of article for screenshot and update.
- Feb 24th, 2020: There was an update in the district court that they received the case from appeals court and DHS appointed new trial lawyer, see above for details.
- Mar 17th, 2020: No update in March on the H4 EAD removal rulemaking side, we were waiting for OMB for update. The court had some updates on the case, see above article.
- April 20th, 2020: We had many updates in April and March end in Court case, but nothing moved in rule removal. Check above page first for summary.
- May 7th, 2020: We had an update from court on Lawsuit and many documents were submitted by DHS, Immigration voice and Save Jobs. Check beginning of article for update and summary.
- June 29th, 2020: Immigration Voice filed DACA judgment document last week as a supporting document. Also, we wait for the court to respond on the injunction order request and the H4 EAD rule stands as it is in pending state. Check beginning of article for update and summary.
- September 23rd, 2020: No new updates in September yet.
- Jan 2021 : Check beginning of article for latest update.
- Join Telegram, Facebook and Community Forum to discuss, ask, share.
Every proposed rule has to go through Standard 9 Rule Making Steps in US to become law, in our context H4 EAD removal also has to go through the same steps. We have outlined the entire rule making process and mapped it to current H4 EAD rule removal progress. Also, based on data and varying speed, we have done predictions on when we can estimate the rule to be removed. Read article H4 EAD Rule Removal Estimated timeline Predictions for all details. In short, looking at all current situations, we predict that, it may take an estimated amount of 10 months or more for H4 EAD to be removed. With current political climate and new H4 Employee (EAD) Protection Act Bill in House, things can change anytime and slow down quite a bit, stay tuned
Common H4 EAD Rule Removal FAQs
Can you still apply for H4 EAD ? Can you work on H4 EAD, when this revoke rule process is going on ?
Yes, you can continue to apply for H4 EAD and work on H4 EAD. Still the rule is in very early stages and until the rule completes comments, review and it becomes final, you can apply for H4 EAD and work on the same. Read Step by Step guide to Apply for H4 EAD , Biometrics needed ?
Can I apply for H4 EAD in 2023 ?
Absolutely Yes, the lawsuit was dismissed and Biden administration withdrew the removal regulation from their list. You can also check out Step by Step guide to Apply for H4 EAD , Biometrics needed?
Can I apply for H4 EAD with the Rule Removal in Process ?
Yes, you can. H4 EAD removal rule was withdrawn by DHS on Jan 26th, 2021. Court dismissed the case too. As of today, you can continue to file H4 EAD.
When was H4 EAD Removal Rule withdrawn by OMB ?
On Jan 25th, 2021, H4 EAD Removal Rule was withdrawn after Biden Administration took office.
Is H4 EAD Rule still valid with the H4 EAD rule revoke in Process ?
Yes, it H4 EAD rule is still valid. The H4 EAD rule revoke process was withdrawn on Jan 26th, 2021, after Biden administration took office.
Will my H4 EAD be cancelled immediately after H4 EAD rule is revoked ?
No, very unlikely. The H4 EAD rule revoke was withdrawn on Jan 26th, 2021, after Biden administration took office.
Summary : H4 EAD Rule Revoke Status ? Court ?
It all started with a lawsuit by ‘Save Jobs USA’, that questioned the authority of DHS to grant EADs for H4. After Trump administration took office, they took charge of the lawsuit, took time, delayed the process and finally aligned to remove H4 EAD rule in line with Executive Order of Trump Buy American, Hire American. They made an item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” , as part of Spring 2018, Fall 2018, Spring 2019 and Fall Regulatory Agendas indicating their intent to remove the rule and communicated the same to Court in the lawsuit hearings.
Many attempts were made in the meantime by Members of Congress, Many other groups including CEOs of companies, writing letters to USCIS to re-consider and not remove H4 EAD and the hardships it will create to many, but all of them were politely replied saying their intent is to align with Trump’s Executive order priorities and public will get chance to put in their comments during rule removal process. USCIS has been delaying this as they know they have to be very thorough to submit to OMB and then to public.
The H4 EAD rule removal item was sent to OMB for review on Feb 20, 2019 and many meetings were held after that as well. Eventually, after a very long wait after Biden administration took office, the H4 EAD rule removal was withdrawn by them on Jan 25th, 2021.
On the lawsuit front, the judgment was given in March 2023 that DHS had the authority to grant H4 EAD and the case was dismissed.
As it stands today, you can apply for H4 EAD and work on the same and everything is settled.
What are your thoughts ? What do you think of the court decision?
In my engineer department, 95% of employees are Indian. Christmas Parties are now replaced with Diwaili (Indian holiday). Food in the cafeteria is mostly Indian food. All company get togethers are served with Indian food. There is something wrong with this picture. As a big company who claiming diversity is important, I just don’t see its happening yet but this is getting rediculous. I have nothing against Indians but they’re using the H1B to come over and stealing the jobs from qualified applicants who are living in the US. As an example, one of the Indians told me his last job was acupunture. He has no technical background whatsoever but because he somehow knows an Indian manager so they were able to get him a job through the H1B program. Another example is I have a friend who worked at my company for 8 years but got laid off after finding out they hired two H1B Indian workers to replace him. Mind you, he had to train these two. There are similar examples I faced in my department but long story short we need stop Indians from abusing this program to hire unqualified applicants from their country.
@Jose maybe those two Indian guys can do work better than your friend. Also explain how these so called “Indian Managers” hire accupunturer with no technical knowledge is able to get work done. Do you do their work? Stop making false comments or misrepresentation.
Maybe you need to reread Jose’s comment..Thes Indians had to be TRAINED .
Every time you join a new organization, you require training. Training doesn’t substitute experience and knowledge unless it is mechanical work.
Let’s kick these guys out…who begged for job and entered on our land and now they are thinking in their delusional mind that they are our boss and can rule on us. Let’s have civil war if politician are sold to greedy business man. Obviously the crazy politician who are suggesting to increase H1 have received a big bribe from Indians and greedy companies like Facebook and Microsoft. Boycott their products.
Only give Citizenship to qualify people waiting on Green Card for more than 6 years. H4 EAD MUST STAY…Jose is Indian everyone here is Indian.
Jose, please go back to your country and sell avocados or drugs or whatever the hell you were doing. Your country is pouring in millions of illegals while we are talking about legal immigration. I assume you don’t know the difference, because it was more than just jumping a fence for Indians.
https://www.uscis.gov/laws/buy-american-hire-american-putting-american-workers-first
@Jose please do try kicking us out. People like you have to beg for jobs, we demand jobs and make big money. You can cry all you want, it only humors us.
To the “high skilled “ folk who say H4EAD isn’t necessary and it’s just a secondary income ,
It is not just a secondary income it’s the right to utilize the skills one acquired through his/her education
As a H4EAD beneficiary I earn more than my principal H1b spouse does that make me special or my spouse not good ? No it doesn’t . The earnings you see is industry and location based .
If they revoke H4EAD I will move to another place where I was working already . The only issue (a big issue ) would be i will be away from my spouse . My company will easily transfer me without any issue . There I didn’t leave my job but I took it along with me .
The only reason I chose to take H4EAD was to stay with my family and th lottery never gave any luck . I would welcome a merit based immigration over this H1b lottery .
Stop demeaning people who are working in H4ead and stop generalizing that all H4EAD holders fakes their skills to start working
Everyone here are Indians they’re trying to cut down on h4 EAD. So that H1b with fake resume get Job easily. No citizen will support H1b or H4 EAD.
Tam, Alex all are Indian on H1b and threaten by H4 EAD…?
when Congress passed the H-1B bill it specifically prohibited H-4 visa holders from working.King Obama exceeded his authority when he allowed it with an executive order.
The look for an American requirement is a joke. Go to YouTube and search “cohen and grigsby fake job ads”
Are cases of domestic violence any different in Indian families here than those in India? My understand is that mistreatment of Indian women is common.
If a job was held by an American world that person not be contributing and paying taxes?
If a company can not function without H-1B and H-4s then they do not have a viable business model and should go bankrupt.
@Alex it is not about going bankrupt but being competitive. Maybe you need to take economics 101 to understand. No one is claiming without H1 and H4 these companies will shutdown. They will just move operations which are more business friendly. Sameway how companies move profits in jurisdiction that has low tax jurisdiction. You need to see more macro environment, it is not about shut down H1 and H4 but make systems that minimize exploitation. But if you think you can’t find job it is possibly more to do with you than fake resume.
Interestingly you are one of the people stuck with no job in your own country. I feel sorry for you but will do correct you that no one and I mean no one is beggar here. We are here based on our hard work and ability. Something people like you will never understand. Thanks.
Undocumented illegal immigrants are being given legal status/GC/citizenship and educated people on H1/L1 are being sent out.
It all started with the Italian explorer Christopher Columbus. He was followed by the Scotts, the Irish, the British, the Africans, the Germans, the Dutch, the French, the Scandinavians, the Chinese, the Russians, the Ukrainians, the Mexicans and now the Indians. Send everyone back to their respective countries.
@R and anyone who think on those lines and share his excitements, good luck with having immigrants leave. You are a fraction of the constitution and not the nation it self. And nation so far has favored immigrations and that is why we are here.
@R – It is attitude like yours that ended up in the shoot out of 2 innocent people: Srinivas Kuchibhotla and Alok Madasani. I feel pity for your ignorance and your lack of understanding. This country is built based on immigrants and everyone except native americans are immigrants in one form or another.
Great. Hope your leaders love your hatred and you find peace
please message me at7814309728 if you want to join h4 ead Whatsapp group.
If you are wondering why there is a huge backlog for GC’s (India) and issues with H1 & H4, the answer is simple – its Indians. You cannot see a group of people more divided… this forum shows it.. What a joke guys.. H4 EAD is a very good system to support more Indian workers and if its putting the H1 candidates with fake resumes out of the market, so be it.. If you are talented, you should be able to find a job one way or another. It sounds like from this forum that, some H1 candidates just need a reason to blame for their own in-competence.. In my mind, H4 EAD and H1 should be abolished to a more merit based system.. Consultancy companies from India have been known to cheat the system and use the system in many instances.. No matter what the system is, there will always be people trying to find a loop hole. Suck it up and try to work together, rather than blaming your own people from the same nation..
@Luis Can’t agree more with you. Incompetency and ignorance is driving people make stereotypes comments.
India expects to jump from 1.252 billion to 1.55 billion within 32 years. It adds 16 million, net gain, annually. Today, Indians flood into America, Canada and Europe with chain-migration and added birth rates. Their human misery index explodes off the charts. Let’s take a look at what ramifications Western countries face from immigration from India. In 1960, India reached 500,000,000 (million) people. Today, India suffers every kind of social and environmental consequence known to humanity with its 1.252 billion people. Even more catastrophic, it adds 16 million more people, net gain, annually. India’s major river, the Ganges, which I once rafted, flows into the ocean with the most polluted, toxic and contaminated waters known to humankind. It features trillions of gallons of untreated sewage, industrial waste, hundreds of chemicals and millions of pieces of plastics—that flow into the ocean 24/7. That watery, chemicalized conveyer belt creates a 20,000-square mile dead zone at the mouth of the Ganges. Once it hits the Indian Ocean, those contaminated waters spread all over the planet—poisoning marine life, avian life, reefs, the ocean floor and cause deadly acidification extensively around the planet. Of note, the USA, China and India dump the most plastics into the world’s oceans. Latest estimates show 5.25 trillion pieces of plastic float above and flow under the surface around the world—killing millions of marine creatures annually. As per investigations by marine biologist Julia Whitty, published in OnEarth Magazine, 46,000 pieces of plastic trash float on every square mile of Earth’s oceans. In a word: sickening! Why? Because we’ve known this for 20 years, but no action to stop it by creating incentive-driven deposit-return laws internationally. Within India, hundreds of millions of people lack a toilet. Therefore, they defecate-urinate on the land daily. In fact, the Indian Express reported, “Best experts tell us that 60.4 percent of Indians lack a toilet.” As you can imagine, the stench in the cities, the filth in the streets and the total contamination of soils and rivers by that many people injecting their waste upon the lands and waters 24/7—cannot be comprehended. Thus, every day of the year, 1,000 Indian children under the age of 12 die of dysentery, diarrhea and other waterborne diseases die from drinking contaminated water. (Source: www.populationmedia.org) Yet, as India’s population accelerates by 16 million net gain annually, they grow so fast, they cannot solve any of their problems. Disease and squalor top the “human misery index” beyond the concepts of the citizens from Western countries. You can only imagine that India cannot support jobs, classrooms and housing for that many people added annually. Yet, not one word about population stabilization from India’s leaders. At one point, Indira Gandhi attempted to bring birth control to India when I visited in 1984, but she largely failed because of religious-cultural norms that overpowered reasoned thinking. If you look at the beauty of the Taj Mahal, one of the most famous landmarks of India, a short trip to the river next to it shows millions of pieces of plastic clogging its waters. And, the water features endless chemical poisons leaving it unfit for human or animal use. In the cities, air pollution poisons the lungs of everyone breathing that toxic air 24/7. You see everyone tapping into electrical wires illegally at every juncture. You see filth, trash, and smell stench everywhere. When you see the traffic, it’s a free-for-all that confounds and confuses the Western mind. The National Nutritional Monitoring Bureau estimates that only 15 percent of Indians receive adequate nourishment daily. As can be imagined, because of adding that 16 million more people annually, India’s wilderness suffers encroachment via roads, housing, mining, lumbering and other development. Animal extinction rates soar in India. The Bengal Tiger and the Snow Leopard will not survive in the wilds within several decades. Elephants face an uncertain future. Birds of all kinds face extinction from loss of habitat. Fish and plants vanish as Indians invade and demolish habitat. With all the realities facing the people of India, no one raises a finger to address their population predicament. Even in the face of so much human misery, their leaders live in “cognitive dissonance” also known as “intellectual denial of reality.”
please message me at7814309728 if you want to join h4 ead Whatsapp group.
More Indian schemes: [1. Two Indians charged in market manipulation case.] https://www.americanbazaaronline.com/2018/01/30/two-indian-americans-charged-commodities-markets-deceptive-trade-practices/ [2. Indian arrested in pill mill investigation in Alabama.] http://www.newsindiatimes.com/indian-american-arrested-in-pill-mill-investigation-in-alabama/33137 [3. Indian among those arrested in drug raid.] http://www.tallahassee.com/story/news/2018/01/09/three-arrested-grocery-store-drug-raid/1016218001/ [4. Indian business shut down by court order in Texas.] http://lubbockonline.com/crime-and-courts/local/news/2017-05-04/new-controller-keeping-troubled-villa-town-motel-closed
Please revoke H4 EAD as soon as possible. H4 Visa was not meant to be for seeking employment. H4 is a dependent visa used follow to join a spouse or parent who is on H1B. H1B comes with restrictions on wages as well as the position that they are employed in. H4 EAD has no such restrictions. They can work in any area and at any wages. This is what is causing the problem for citizens and green card holders. Hiring managers are not even looking at green card holders. They just ask for H4 EAD and hire them for low wages. A lot of the times these H4 EAD’s are employed by their spouses or their friends. Hence there is no chance that a citizen or permanent resident will get called for an interview… not even phone screening. This is bad for American citizens and permanent residents. We hope that Trump will keep his promise and revoke H4 EAD as soon as possible.
Indian managers are hiring h4 EADs in Wellsfargo and Bank ofAmerica in Charlotte NC offices. Just because they know the H1b guy. I saw multiple US citizens not selected due to this. H4EAD should be revoked
Agree. It’s happening every where. Let’s report to uscis fraud department.
Revoke h4 ead. It’s a shame for H1 b
Please do. Good luck!!
I agree. All major companies are facing this. Husband is on h1b and a contractor. With his contacts in the company, he make use of the positions available for hiring. And wife who is on h4ead joins as fulltime. Interview is just a formality. They have rejected much better candidates than the h4ead candidate. I have noticed and also heard from the direct sources.
I think it is pointless discussing H4EAD as if immigration reform kicks in most of these H4EAD will get green card. So any of your protest to revoke H4EAD is pointless. Better spend time brushing your interview skills. If you are H1 or Green Card or Citizens your only safe bet is to be competitive. Just having computer science background with basic testing and legacy programming experience is not enough. Those jobs will go away eventually to lowest service provider. There is no value to pay top dollars. If you don’t have job then probably you don’t have right skills to demand salaries you had in the past.
If you are refering to Merit Based while menitioning that these H4 willget GCs. You are wrong. You need to be PhD with a good paying jobs to be qualified under the current proposed merit based scheme. Do the calculation. Although I want the spouses to get work permit but H4 EAD is doing nothing good but just harm to the existing H1b and Future H1Bs. It will be lot better for H1B to go though F1-H1 route
Hello All H4/ H1B Brothers and Sisters,
Namaste
I have read everything about your efforts and fight for H4 EAD. I respect your emotions and understand the satiation. You all knew that a fighting on the blogs can not produce any favorable result.
Lets collaborate all and go to White House and raise voice all together for the justice.
If all you agree please send an email along with your cell phone to join a SAVE.H1H4.JOBS@gmail.com . Lets make one whatsapp group to chat and make some decisions. We need to show the strength.
I am pretty sure that Media, community leaders, some congressman and Senators must support us.
Join, make one voice and MAKE AMERICAN GREAT AGAIN.
SAVE.H1H4.JOBS@gmail.com is for revoking H4EAD . I am in.
H4 ead will be revoked. Doesn’t matter what you all think.
Cant wait for it.
You are seriously an idiot. Firstly you need to proofread your message. Even if I ignore that your intellect is reflected in this message. Any racist comments against any race reflect incompetence and ignorance. Nothing more I can say but “Get well soon”. Lol.
H1b Indians vs H4 Indians unfair USA …joke
Due to H4 EAD, the consultancies are getting benefited since they are ready to work for any pay and consultancy can have huge margins. They should continue H4ead but should also have LCA with wage for each occupation with experience…same as H1B for each individual specialty. My friends who are working on H1B with consultancy are finding hard to find job on C2C with good pay, most vendors are preferring H4EAD since they can pay them peanuts and save huge margins. H4 EAD are happy since they get to start job.
Its really sad to see how Indians are against Indians. Karma help these guys and teach them a lesson
Yeah, easy. Revoke H4 EAD will fix the issue and no more fight. LOL
How do you know everybody is Indian here? Its about people on H1B or H4 ead specially who are abusing the system with fake resumes and proxy interviews.
Did u land in USA with GC?
And are you an indian?
It surprises me the language being used here
Unfair
I m IT professional 7+ years experience
H4 is forcing me to sit back home .
Where as i see many people find it very easy to settle in USA just because they are from some other country,not only this,they land in better jobs without qualification just because they get GC without efforts and time
This is truly H4 and H1b .
Tam is Indian on H1b…and no Americans want to check this blog. It’s all Indians here pulling each other down. H4EAD will die because citizenship to all approved Green card and DACA will be provided ?
@Mishra,
Please ignore RealAnil.
@Mishra “stock down ”
Cryptocurrency Ripple is legit in India …. tommorow meeting with US Senate banking committee on regulations on cryptocurrency within the United States. Super Rich investing in crypto within United States that explain Stock down.
https://youtu.be/6VcnYv5LzyE
What a blog, desi’s are pulling legs of each others. Wow. I am reading and enjoying.
True … :)H1B INDIANS VS H4 EAD INDIANS
CORRECTION: Its US citizen vs. H4EAD and H1B
Wow …@Anil “CORRECTION: Its US citizen vs. H4EAD and H1B “
Insulting fight between Anil vs RealAnil
I am on H1b. I oppose h4ead as they are messing up the job market with fake resumes.
Waiting eagerly for h4ead to be revoked.
H1B get job via fake resume for any position.
ooo lalalala ule yo, ooo lalala mu mein lo
I met couple of H4 EAD women’s here in my town, those all mostly working after their husband back home from work , those women get some time to get out of house and earn very little amount from retail businesses like walmart etc, they working most of them 4:30pm/5:00pm To till 10:30pm. they hardly earning $200/week max, tell me what FAKE resume here they created? what resume required to work as cashier? non-IT jobs. so, your country people earning you don’t like it…?? wow, this means Desi’s are Desi’s, Hum nahi sudhrengey..
I also met 15 women working in Apple at Arques contractor buildings in Sunnyvale, CA from Infosys, TCS, Wipro. They use fake resume/experience and cheap wages to steal these job from US citizens/GC. Your case working as teller is extreme.
@RAM LAKHAN, That’s even worse, your wife and other women art taking DACA Dreamer’s job, there are 1.8 million DACA, you dare to steal their jobs without a resume ? WTF
H4 EAD has to be taken away!!
RealRAM LAKHAN ~ You met 15 women in Apple office they immediately told you that they use fake resume. Were you doing some survey in office on women’s educational background or randomly approaching them and becoming rakhi brother and requesting them to trust you and tell real truth of their fake resume. Infosys/Wipro/TCS/Cognizant/IBM or any other big IT outsourcing firm use HireRight or any other reputation firm for background verification. They verify you from college degree to every experience. If Hireright makes a mistake its none of their business. I had a colleague who had worked for 3 years in Infosys, before it was figured out during visa filing that he used 1 year fake experience, he was fired overnight. These companies work at very high ethics. Yes, they flood visa applications, do maas GC filing for their average skilled workforce, but that not a crime. They never break any law or use ill-practices. I don’t work for them now and work for a tech giant. But I am prod of being associated with those big out-sources in past.
@Joe we talking about here IT resumes fake, what you think walmart cashier jobs required resumes like IT resumes how h1b and other similar skilled immigrants using it? noway. Cashier resumes just very simple resumes. those jobs also not required IT skills either. I guess you confused dude.
I guess your job doesn’t required much skills so it can be easily replaced by anyone withou experience and fake resume. I interview a lot and for high paying IT and it only takes 5 mins to know what is fake. And to be honest, I don’t find any certain group of people fake resume more than other. I have seen Fake resume from citizens, H1B and H4. So ban all of them.
Are you suggesting that there are no H1b with fake resumes.
If so then you are newbie.
Check desi consulting companies , almost every1 has fake cv.
Are you suggesting there are no h1b’s with fake resume.
Check desi consulting companies, almost every h1b is advertising fake resume.
So you mean it is totally fine if H4 eads are also submitting fake resumes? According to you even H1bs have fake resumes so why cant H4 eads have fake resumes and get jobs through proxy interviews. lets all do this. Lets fill these IT companies with fakers, Telugus, Infosys etc.
Almost every H1B is a stretch. I am finding everyone is exaggerating here. They experience few and make a general statement. Get real people.
And I agree with some of the comments made earlier. I see majority of the debate is between incompetent H1 and H4-EAD supporters. Amazingly few H1 visa holders are so paranoid in lowest unemployment in history.
Two things guys:
1. If you see issue with H4 EAD being without restriction and can work in any area then propose a solution; something like EAD application should be scrutinize per educational background or so….
2. Fake resumes: ha ha that’s the issue for recruiters. Anyone whether it’s a fresher, US citizen, H1 anyone can do it. Please be reasonable. Lol.
Guys think that lot of women coming with strong educational background have to end up being house wife for their entire life. Understand that struggle and frustration. Instead if these women work it can create more opportunities, family spending can go high and can support economy. Think big just don’t be selfish. If you don’t get a job or face competition then go, work hard.
Everyone in this country shall be given equal chance. Person with better skills will win.
How many US Citizens writing here for fun??
Sir, We are from Apple AQ campus in Sunnyvale
You are FAKE. Using my screen name without spaces. FAKE ROTTEN APPLE. By the way I respect Steve Jobs & Apple Phones that’s it.
Tam is Indian exploited H1b and replaced American Citizen Job and now threaten by H4 EAD. Ignore Tam
The simple truth is many of the H4 EAD beneficiaries are women. And any job they take should have gone to a US citizen. H4EADs are supplemental earners, meaning its a second salary for the family. And so they can afford to low ball their own salaries. And that is the problem.
@Daff
You are correct…The thought of EAD to all is overwhelming to DHS. The solution is not H4EAD. DHS must give Citizenship who had filling of GREEN CARD before 2013. That’s the solution same as Dreamers framework 🙂
@Anil,
“DHS must give Citizenship who had filling of GREEN CARD before 2013”, you can day dream for that. LOL
@RealAnil you are true faker… I bet you have faked your resume for Job ?
So how come US citizen second earner will not opt for lower salary on similar concept. And again jobs and salary are based on level of work. So unless you are looking for mindless work, you should be able to differentiate.
https://www.bloomberg.com/news/articles/2017-12-27/india-s-tcs-faces-u-s-trial-in-anti-american-bias-case
With more H4EAD coming yearly (the number will be compound increasing), the fight between Indians and US citizen has already begun, which is not good to the country, and it will lead to civil war 2 eventually.
Thus H4 EAD must be terminated now before its too late.
I agree, H4-EAD’s are getting trained and placed to increase the Head count and Profit for Witch companies. H4 EAD has to be gone.
Seems your skills can be easily replaced by training H4-EAD. Reality check for you and I can see it is hard.
” it will lead to civil war 2 eventually”…..lol
Tam is Indian on H1b who replaced American Citizen Job and now threaten by H4 EAD complete looser.
Civil war is a stretch but unrest is brought in due to political environment.
H4EAD FAKERs are always here as there are new comers every month. Wages are always low because of them. No way we can prevent it. H4 EAD has to be gone.
@Mishra
You nailed it. Well said
Incompetency or ignorance will only make people prejudice. I read lot of good comments on both side. Americans need some security this is their home country, and immigrants need fair play. But people who stereotype fake resume are just threaten because of their incompetency. I feel sorry for you but even if H4EAD is revoked your fear will not go away. So good luck to you.
Being cheap is incompetent. You don’t seem to understand how H1/H4 game is played. A Citizen has no change against these cheap workers. It has NOTHING to do with skills. BTW, most of the technologies you are working are NOT developed by India.
Tam..Citizens may have a chance if they work at 20% discounted rate than the cheap labor.
Just like you wouldn’t want to pay a premium price for a product, companies wouldn’t want to pay a premium price for a job.
Why don’t you make use of your skills to start a technology company and hire all citizens who have lost their jobs to cheap labor? You can also provide them fully covered health insurance, 401k plan, unlimited vacation and other perks. If you are able to do that then you will be a role model to other companies and they will start doing the same.
“Be the change that you wish to see in the World”
Btw, the above quote was developed in India.
Reality of global economy is hard one. 90% of the stuff used in US is manufactured in China because it is cheap. So stop using that as well and manufacture everything in US and pay premium . Love to see how many of people complaining here will buy basic stuff at double the price.
All those that complain about job lost to Indians, also need to check US export more good and services to India than India does to US. So stop that as well and see how magically million of jobs evaporate. This is called global economy and even if for some reasons H4EAD revoke, this will not stop. Jobs will follow talent at right price.
Being competitive means differentiating yourself and price paid need to justify value you add. I disagree all IT and even non IT jobs are cheap labor (in my field starting salary for fresh graduate is 120k). One that are cheap will either be filled by cheap labor or outsourced. So if you are competiting for cheap labor you are better off ready to expect to cheap salary. If you think you are not cheap then value you add better justify.
@Mishra you replaced American citizen job and now you think in your brain you are superior and deserve respect.
H4EAD can be obtain by H1b spouse as well…they are not fakers @Mishra stop insulting H1b , green card holder and American Citizen.
You are exploiting H1b and removal of H4EAD is afflicted with good will of America Citizen… stop it
please suggest,
I filled my H4EAD on september 2017,with pending H4 extension.
Now my husband changed his job and his company is doing a premium processing on our expired H1 and H4 visa extension. I am expecting my H4 visa to get approved in 15 business days.
However I am not sure what will happen to my EAD as I have filed it long back before the premium processing! do i have to fill it again or if not how much time it will take to get my EAD approved now?
My suggestion to you is just wait for now. Avoid double submission.
Thanks alex
My last laugh
I lent Michelle Obama’s comment about current state of affair of general public of USA “People are afraid but then there are people who feel good about the direction of the country, so I mean, that’s what makes this country complicated because it’s made up of so many different people from different backgrounds, and different perspectives” . I too welcome all opponents of H4-EAD rule and I wish to post my last comment stating the same resonating arguments that you people present is just out of fear of “your own doing”. One thing is for sure, the public is in fear, but there is hope and faith that will overcome all. The hard working folks will never bow their heads to any nepotism.
I went through 1200 odd comments, arguments that came from possibly once beneficiaries of immigration friendly policies of nation that are mean , unjust and out of jealousness. The same vine presented is in different bottles. I wish to summarize my observation and do something better for myself and for my family and fellow beings. Those who feel my counter argument is garbage please do not spend time reading it. If you can laugh, I am also happy.
1. All H4 EAD’s beneficiaries are IT workers with fraud resumes: This is most predominant argument popping up repeatedly. Several of H4 EAD beneficiaries already shared their experiences stating they ended up in nursing, human resources, teaching, or even started business ventures. There is no statistical report of H4 EAD by work domain. (I participated in a survey and hope results will be available soon).
Working in IT is not crime, as long as required skillsets are properly obtained. My spouse had long gap in her career. However, during dark days of H4, she attended late evening trainings in community colleges, took two IT related certifications and ended up in an entry-level job that meets her qualification. The customers are extremely happy and wishes to help her as well.
If H4 EAD is revoked, same frauds will return with fraud H1B’s soon, much stronger. Genuine folks working as nurses, HR, Teachers , IT workers who are at entry level will get fired and jeopardize their family life. By no means will revocation help combating frauds.
2. “Streets of Boston are flooded with fakes.” “Put blame on H4 EAD. Rescind H4 EAD.” I invite you to refer the factual data presented my USCIS in link below
https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/eads-by-basis-for-eligibility.pdf
The total number as of mid-2017, total h4 based EAD=104,750. IT hubs in USA are primarily in Silicon Valley, New York, DC suburbs. Boston may have a few thousands over there who are on H4 EAD. Is streets of Boston too narrow? If flooded it is from H1B’s, GC holders and citizens.
The art of fraud resume manufacturing started back in late 1990’s from streets of Hyderabad. With all due respect, to all hard working friends from Hyderabad, I regret to say that machinery of fraud H1B, resumes, manufacturing fraud certificates are still working very well out there with blessings from so called “middlemen lobby” out here in IT hubs. USCIS is very well aware of it and they are making every attempts to uproot the root cause of frauds. Their fraudulent pattern continues to reflect in Kitchen/Restroom etiquettes, communication, personal hygiene, under par performance and so on. A whole gang got through the green card process, which was very fast until 2003. However, as immigrant immigration policies became stricter here, they fear of survival. Still they shamelessly fabricate resumes and sell it successfully here. I am glad that judiciary started actions against them and will continue to do it often from here. Sharing a recent story out here
https://www.hudsonvalley360.com/article/virginia-man-behind-20-million-h1-b-visa-fraud-faces-deportation-after-prison
It is quite disheartening that due to fraud machines functioning smooth out here, the reputation of whole immigrant community in USA who graduated from premier colleges in India got tarnished.
3. IT salaries went down due to H4 EAD rule: This is not factual, but a fear based gimmick. The average IT salaries in past 3 years went up ever since H4 EAD rule came out. In 2015-2016, it went up by 5-6% and in 2017; it went up by 3-4%. There are several tools available in internet. You may visit the site below for your own reference
https://www.datamation.com/careers/it-salary-2018.html .
However, they are enforced to work at paltry rate due to intermediaries’ gangsters looting their lack of expertise.
4. Labor Market in US has mammoth unemployed US Citizen: The unemployment rate in USA is around 4%. Among educated community, it is even much less. The 4% consists of disabled, the retired and folks who does not need job.
Refer https://data.bls.gov/timeseries/LNS14000000
USCIS still approves over 80%- 90% of i-140 applications (intent to hire foreign national since qualified workers do not exist in the US) for IT related jobs. Either USCIS is committing fraud or they rely on actual statistics of labor market before approving I-140. Please refer most recent stats here
https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/Quarterly_All_Forms_FY17Q4.pdf
The H4 EAD did not replace any hard working citizens. However, some citizens who wants everything from government will eventually lose their spot, either from immigrants or from young bloods that are graduating in large numbers from US colleges.
5. Hike minimum salaries of H1/H4 EAD to 110K, some says it should be 200K: This is out of their lack of knowledge of how businesses operate. For fair businesses to operate there should be a viable environment. For example, if a law is passed all Pizzas should be sold at $1000 minimum to protect pizza manufacturers , what eventually happen is pizza shops will go out of business. Hiking salary requirement is against fair trade concepts. If someone thinks, it prevents fraud that too is wrong, since frauds will create fake offer letters and easily get through the process. If businesses do not operate, we will be back to days of recession. IT is still evolving and pay is function of demand and supply. Some IT jobs that existed in 90’s is of no demand these days and paid a paltry rate.
There are other comments like, “I do not like 2 people from immigrants working since my spouse is not capable “, “My nation, we will do what we want, you have no rights here”, “Get out of here”, Racial slurs do not deserve a reply. A true nationalist wants their country to prosper and immigrants played significant role in growth of this country. I refuse to counter the same resonating arguments any more.
I wish all successes for H4 EAD folks who got genuine talents. We are going through a tough time and we will overcome it soon. Good luck!
@Alex
Nailed it…was laughing and saying to myself “So True”.
Good analysis ?
Good one really! While most people talk randomly based on couple situations they came across, you showed all what it is on a grand scale! while I understand the complaints (based on the examples they came across) of all H4-EAD opponents, I truly agree that revoking H4-EAD is not the solution, because FAKERS are gonna fake in one of another way. To weed them, we have file abuse on them to USCIS, and report to higher authority in the company. If we are successful in weeding out few, that would be deterrent to other FAKERS!
Please revoke h4 EAD, I agree and strongly support revokation of h4 EAD. It should be taken away.
Nailed it!
AMERICAN PATRIOTS GO GO GO !!!
WE WILL MUST THIS BATTLE AND TAKE THE SUPER BOWL !!!
Turn off your caps lock bihari babu
Mishra you are replacement of American citizen. You should be ashamed and your card should be stripped off.hahaha looser Mishra
wow..(y)(y)
@ Alex
State Street is the name of a corporation in Boston..
may be you should have googled that tooo… before commenting on the width of the streets there..
How about going back to their country instead of hopping like beggars from one country to another…USA gave them opportunity and be happy and thankful what they got so far!
Are you guys even thinking of Americans. Stop spreading the lies and obstructing law. These is H1b Indians against h4 ead Indians… Nonsense
In a situation were you have a lot of skilled unemployed US citizen, that might be an issue. But we are not there, the unemployment job is at his lowest level, and more than half of the graduate students are foreigners! In addition, H4-EAD are very few (less than 50K), and not all of them can compete with high ranking job. We are lacking of skilled people to fit some high educated position it’s fact. I recently posted an add for a PhD position with stipend and tuition paid. On 14 applicants only one was American! So I do not know if Americans are not motivated by science jobs or if they all have already a good job, but from my position there is a clear shortage of talent.
hello me,
Don’t lie here if you don’t know (you must be one of those EAD fakers). There are a lot of US citizen IT engineer unemployed because faker H4EAD stealing our jobs with much lower wages. There are 100k H4EAD since Obama created this stupid rule, and it will compound increasing.
H4 EAD fakers are more in IT software jobs.
Anup and the trembling immigrant collective,
Let’s just address and accept the very visible elephant sitting on a couch in the room here – FEAR a.k.a. INSECURITY.
If you really think that a ‘FAKE’ H4 can take your job then probably it is time to put your complacency on some sort of metrics. I don’t believe that a ‘fake’ candidate will ever get to fight off a skilled worker, no chance. A ticket puncher might, but then if your role can be slayed by such a fake/non-deserving immigrant, then so be it. Consider an alternate profession (diaspora stopping others from entering has indeed hit an all time low).
Now, I am an H4 running a thriving start-up here in US (after working here on OPT) and without even knowing you in person at the risk of sounding arrogant can wager that the likes of you cannot even comprehend the complexities of my venture; let alone steering it. I am pretty sure there are other H4s like me who have set up shops and are now walking on wafer thin ice dodging commitments for the next 12 months while personified floaters like you go around dissing your fellow country men (am sure you had roots in India even though you are probably an American citizen) and making money that you don’t deserve. Once again, money you don’t deserve because you feel threatened by those ‘FAKE’ profiles.
Peace be on you.
Given this immense talent and exuberating confidence…why did you not apply for H1b for yourself? or for that matter GC in EB1?
Because I’d rather aim high and miss than settle low amidst the cattle flock like you. I won’t be able to initiate H1Bs or GCs till the business topline rolls over a certain figure, which your lowness might not be aware is a scenario at bay without the VC hooks. Whilst you go singing tales about H4s of the world, here are many non-deserving ‘IT’ H1Bs that have come to be in this country and you my fellow forum-er, reek of one!
On the side – ‘Exuberating confidence’? Really? This is just one step shy of a perfect oxymoron. For now I’d say it was just not required. Don’t be digging dictionaries to garnish your argument. Keep it simple. Sometimes, vanilla can win. It is fun talking to your kind.
I just hope you have some dignity left in you to just close this browser and internalize for all that’s failed in you. In other words, please spare me the role of playing obligee in this rant battle. IN SIMPLER WORDS, Don’t force me to open this can of worms (YOU) on these innocent viewers. Bye now. Go play some ‘village people’ and wait this existence out. Bye Bye.
And you wanted to “debate” with that temper…
Let peace be on all of us ..
OM Shanti
I would love to go live on youtube/FB and have a meaty debate with you. Not because I think you are worth it, but to unveil the hypocrisy that you are.
Let me know. I will wait.
Just curious.. how and where did you post an “add” for a phd position?
Because Universities do not post an “add”.
and just 14 applicants applied? That is a pretty low number..
@Me…I come from the realm of PhD and its suprising when you say that you post like any other job position to find candidates for PhD. Are you referring to Post – Doc positions? Also no point in bringing PhD’s and Post Doc’s into these discussions as most of them can go through EB1
Hello Trump’s supporters (Or Trump’s trolls not sure what is define you the best).
@ Anup: Do not call me a liar, you don’t know me and I don’t know you, let’s try to have a nice talk wouldn’t you? Even if it’s 100k H4EAD, that’s a ridiculous small number. It is the number of job created in the US every months!
@ smann: Of course you post an add when you are looking for a PhD student. How are you suppose to promote the position you are offering if you don’t? Look online and you will find a lot of add for PhD position (internet is a magic place you know). 14 candidates is a good number of candidate at least in my branch, in agricultural science. But yes, I was surprise by the low number of American applicants that’s a fact (for the story I ended hiring the US citizen, you’re welcome).
@R: My point is that for a position that require a Master degree I only have one American candidate. So if you want to fill all positions that need a high education level with good candidates you need foreigners, that Include H1B, and H4 EAD.
I can not speak for the situation in IT, but I can speak for myself. I am a foreigner, and I was on a H1B once, my wife could not work, and that was a complicated situation to deal with. When the law passed she was able to work, and get a nurse Job (she was had nurse degree, and took time to get the NCLEX while she was not working), and I can tell you that her employer was VERY happy to have her. She was working at the ER, and she probably save some of your anti-immigrant asses, just saying.
Just go out and meet foreigners you will se we are nice people and we do not eat children. Most of us are in the medical system and save American life everyday. And stop saying that we are stealing American job! Most immigrant produce wealth, I am employing 5 peoples all Americans!
Have a good day
@me..
First thing… just because someone highlights the wrong doings by users of H4 EAD… doesn’t make them a supporter of someone or a troller for that matter.
Second, I am very sure that you cannot post an “add” (which means addition), you can post an “ad” ( which is for advertisement) though. I tried to give you the hint earlier but it didn’t work.
Third, I agree that highly speciaized fields donot attract many candidates but 14 is still a low. We usually get 50-60 applications per year for PhD positions and I am from a highly speacilized field myself.
Fourth, the language that you use doesn’t really do justice to the qualification that you claim to have.
And finally, if one is from a “science” background… one needs to be little more open about opposite viewpoints. Abusing those who donot agree is not good science.
Wish you a good day too!
“First thing… just because someone highlights the wrong doings by users of H4 EAD… doesn’t make them a supporter of someone or a troller for that matter. ”
Yes I am sure you voted for Hillary! And yes posting anti-immigrant messages on a site dedicated to help foreigners with visa issues is trolling.
“Second, I am very sure that you cannot post an “add” (which means addition), you can post an “ad” ( which is for advertisement) though. I tried to give you the hint earlier but it didn’t work.”
Thank you for the spelling. English is not my first language.
“Third, I agree that highly specialized fields do not attract many candidates but 14 is still a low. We usually get 50-60 applications per year for PhD positions and I am from a highly specialized field myself”
Are you working in agricultural science? No, then you don’t know.
“Fourth, the language that you use doesn’t really do justice to the qualification that you claim to have. ”
I have this comment all the time. My English is not good, as much your Spanish, French or German is certainly not. For my qualifications, well I guess having published 40 articles in high ranked journals saved me when I was hired. I have to say that I have other things to do than editing my posts precisely to answer your messages. But pointing my grammar and English when you are loosing the battle, well that’s a classic.
My last two cents….
Calling a spade a spade is not trolling nor anti-immigrant…
on a contrary the “language” ( by which I didn’t mean non-native English but rather the use of not-so decent words) is questionable.
who I am, who I voted for and what I do is irrelevant here…and has nothing to do with my viewpoint.(Argumentum Ad Hominem)
I am sorry if I have been rude with you, but you need too understand that what you wrote was very aggressive and unfair:
I quote:
“Indians need to come out of their hallucinated world and stop claiming themselves to be “highly educated””
“street in Boston is filled with these H4EADs who know absolutely nothing”
“fake resume, fake experience, arranged interviews ”
“waiting for their husbands to “make a resume” for them to get a job”
“your arrogance speaks for itself”
So I may use some slangs, but you are by many aspect much more aggressive than me. I do not think you understand how hard it is to have a visa in the US. We just deserve a little bit of respect. And seriously why are you posting on this forum if it’s not trolling?
@Me..I totally get your situation. Its painful to see with the rampant fraud and corruption in H1B a& H4 EADs, many non-IT folks like you have to suffer the consequences. I wish their is a separate path for non-IT folks . If you have a PhD, you can try your luck through EB1A.
I think first and foremost Indians need to come out of their hallucinated world and stop claiming themselves to be “highly educated”, specially if you are in IT. Most (if not all) barely have an undergraduate degree (which by no standards counts as highly educated even in their own country) plus a few certificates (obtained via online/crash courses overnight). Most are IT professionals (testing or developers) and not computer engineerings. It is a shame to see some of them humiliating citizens by asking them to get a “skill-set” if they want to get their jobs back… it is nothing but pure arrogance.
Second, we need to open our eyes (and brains) and accept the fact that H4 EAD is abused by more than 50% (which is significantly high). From what I have seen, the state street in Boston is filled with these H4EADs who know absolutely nothing, have no “qualifications” that match their profile and got the job by using some tricks (fake resume, fake experience, arranged interviews etc.) I also know many who recently got their H4EAD and waiting for their husbands to “make a resume” for them to get a job.
The work restrictions on H4 EADs is well known and so is the backlog in Green Card. Some H4EAD have been allowed work permits only recently (in 2015)….
Citizens of any country have the first right..period.
If you are taking their jobs …for extra income (second job)..it is not fair.
H4-EAD was a temporary “executive decision” which can be changed by another executive if needed.
Bottomline..asking for H4 EAD is more of a “greed” based demand than a need based one..
Great !100% true.
I support your thoughts
Of course only H4 EAD fake their resume, experience, and have arranged interviews, not US citizen lol. Why it is unfair to have a second income? We all have the same expense and we all have to pay our bill. If you do not get a job apply to another one, and stop blaming the hard working foreigner that made a better interview than you. Stop crying.
Wow… your arrogance speaks for itself… and proves my point.
Sorry.. but you seem to suggest that the tricks of trade to manipulate the system lie with the hard working foreigners.
Fortunately I have no intentions to cheat and “crack” an interview.. Thanks for your concern though
And There is nothing wrong in getting a second income.. but it is unfair if it comes at an expense of a primary job of a citizen..
Demanding a job… is a right of a citizen..
My arrogance? Please read your old post wouldn’t you? “Indians need to come out of their hallucinated world and stop claiming themselves to be “highly educated”” Not only it is arrogant, but it is very racist.
“it is unfair if it comes at an expense of a primary job of a citizen..”
First, most of the citizen have a job today, and no it is not unfair if the foreigner was better than the US citizen. As an employer I have no interest in hiring a dumb foreigner that I will pay less. I have my budget for my position, and I pay my employee the amount there are supposed to be paid. therefore, I just want the best for me and my lab.
@Me..agree with you that you want a pay fairly for the skills. But there are very few nice people like you who would do that. Saw many instances right in my company, we had almost 15 H4 EAD’s merely doing manual testing jobs and taking meager salaries. Also heard similar stories from friends working in various other companies. The problem is couple of H1B’s got fired because of H4’s. Being second income H4’s are not concerned about low pays. The situation is creating a kind of cannibalism in our own community. I would like to support a high bar salary requirement for H4’s that will help high skilled spouses and kick out low profile candidates.
@Stats
Not all PhDs involve statistics….That’s disappointing to know! For some reason, I thought all of them did experiments and handled data..but I guess I am wrong!
I never said statistics is same as probability.
“And hypothesis cannot be statistically significant… results can be..” – Thanks for the correction!
@Statistics
Sorry to disappoint you…
The nature and work done in a PhD depends on the field and nature of study….
And good to hear that you know the difference between statistics and probablity……
Well nothing wrong in getting second …third..forth incomes. But its cruel if these incomes are killing the bread and butter of those primary income holders and citizens.
S300 – It’s cruel but only to “Citizens by Birth” and not to permanent residents or naturalized citizens. This group of people were themselves cruel when they were on H1B visa and while they were using EAD while waiting for their adjustment of status. Permanent residents and naturalized citizens should go back and make their country better.
Not even hard working Anup? You definitely need to exempt him. He does not let his spouse work. So limited to one income. Don’t want any other families on 2 incomes
Alex..dude ..as you are so curious about our dual income. Let me tell my story, I have a PhD and got GC through EB1A in about 3 months . Currently working as a VP strategist in one of the big corporations. My wife is a Radiologist and together we earn around 600K.
@Anup
Congrats on your Phd! I assume you have some background in statistics then. I have been struggling to understand some of the comments here. I hope you can explain better.
Someone mentioned: “Now there may be 1% H4EAD but if allowed it will continue to multiply”
Can you please help me understand the following:
What do you think is the probability of that happening? Also, what is the methodology to calculate the same?
Do you think that this hypothesis is statistically significant?
Let’s say 0.1% of the 1% H4EAD end up creating new jobs then how does this impact the overall calculation?
Not all PhDs involve statistics
Statistics is not the same as probability..
And hypothesis cannot be statistically significant… results can be..
@SMann…. One of the best post. Well articulated and well thought. Totally agree with your assessment. 100%
That’s fine.. I can understand that emotions run high given the sensitivity of the issue..
Now about commenting here… if this website would have said..”it is by, for and of a certain people”…the “outsiders” wouldn’t have come and commented here… It simply asks people (which could be anyone) to give their views on the topic. So, if it is an open discussion forum… people commenting their viewpoint here is not trolling..
If Immigrants have a story to tell.. others have a story too.. albeit a different one..
What I said about State Street Boston ( a building/office where most IT work is done) is based on what I saw…
America is a land of immigrants and the genuine hard working people make it a great nation.
Most Americans donot even have a problem even with DACA because they believe in accepting people with open arms…
The problem comes when some try to abuse the system…. and justify it by any means.. they not only give a bad name to the field but also to the community..
Does State Street at Boston use TCS, Cognizant, and other outsourcing companies? These outsourcing companies themselves started the trend of marketing fake resumes and fake skill sets to their clients and now they are the ones who are acting naive and blaming others saying that there are fake resumes in the market. TCS and their vendors and sub-vendors are the ones who have created this problem. All they care about is “billing rate”!
Yeah… I agree..
The state street itself is probably not doing anything wrong (they are probably not even aware of this) but it could be the doing of the consultants and other middle men.
Yes, but WIPRO FAKE resume guys a lots.
State Street in Boston, Quincy Adams, Crown colony etc worst place to work. Hell all Wipro H1B poor quality IT people are working here, God Bless them & State Street.
H4EAD folks are competing for same jobs at reduced wage level as there are no restrictions. Why will LPR/Citizen show any consideration when H4EAD can undercut them? This is reality. For H4EAD this is second income. For LPR/Citizen this could be primary income. Also LPR/Citizen has to deal with fake certificates, fake resume, fake experience, proxy interviews and fake h1bs. If you are on the other side your tone would be different. I dont think you would be magnanimous and say come and undercut me. LPR/Citizen is not able to keep up with the onslaught of cheap H1bs/L1s and to this mess stupid Obama added extended OPTs/H4EADs. How much more do you greedy people need?
Even knowing this problem all of H4 still follow their husband. New H4s flow in everyday. Did they not check the forums before accepting to marriage? ‘H4 is a curse’ forum has been around for a while. Even now they can go and spread wings in their home country and come back when I485 can be filed. No one is stopping them.
Now there may be 1% H4EAD but if allowed it will continue to multiply. This is incentive for H4s. Also getting an approved I140 is not that hard. You are very well aware of the queue. I wish Trump admin will bring merit based immigration and kick out all low profile applicants.
Your argument is baseless . Total volume of approved H4 EADs is less than 100,000. There is a good proportion of unemployed H4 EAD ladies since they do not have skillsets in technical jobs. May be around 10K -20K H4 EADs started working in IT, mostly at entry level or at mercies of middlemen lobbies. These thousand will replace millions of American jobs, is absolutely out of your ignorance. I agree few are frauds, and I have seen them fired mercilessly all around. So there is nothing to panic. Your cry is like wolf howling at full moon. The wolf thinks moon is going to kill them all. They howls at moon telling , stay away its my territory.
Having said that, nobody wants American Workers to be replaced. We wish to work shoulder to shoulder. Competitiveness empowers businesses. Business growth helps Americans find better jobs. Friend, there are lot of entrepreneurs, teachers, who have brought in money from their home land to lead a successful life here. They can help some of your friends who does not have a job. Your first job is safe. We are here to help you. Don’t compare yourself to frauds. I guess you got job and gc due to your hard work and skillsets you possessed.
Alex,..I think your arguments are senseless and baseless. @Anup had done a wonderful job articulating the dark nuances with H4 EAD.
The volume is less but its gonna exponentially grow with every new year. I think the administration is doing a very good thing cancelling H4 EAD. Ofcourse, it shouldn’t have been approved in the first place. Its ironic to see that H1B’s should work within certain restrictions but giving a free pass to his/her spouse.
“Having said that, nobody wants American Workers to be replaced. We wish to work shoulder to shoulder. Competitiveness empowers businesses. Business growth helps Americans find better jobs.” …@Alex….. This is one the dumbest statement ever saw.
It happens only in the fantasy world. Right now, H4 EAD’s having no restrictions and being second income is severely affecting Citizens/GC’s and even H1B’s primary salaries. If you have any gram of sensible brain..you should stop trolling or get out of this group. Amazing how id**ts like you are even allowed in this great country.
BTW, Totally agree with @ Anup comments. One of the best summation ever saw on H4 EAD
Please end H4EAD. I have been asked by 2 of my co-workers to give proxy interviews for their spouses on H4EAD. I said No but I am sure they will find somebody else to give proxy interviews. H4EAD should be revoked but doesn’t look like anything is happening in this case.
I came across this “proxy” thing as well! It is totally disgusting! I would be am happy to report them, if you can let me know details!! I still support H4-EAD with strict checks, but it looks like it is gone! and I seriously blame all who misused it!
Yeah, I agree. People on H4ead who started abusing the system , is the reason everybody wants H4ead gone. Ok.. if you want H4ead to stay then work according to your caliber…don’t create resumes by copy-pasting from other resumes and then ask people to give interviews for you.
Hello Someone,
Please ask your company to start fair practices in interviews . Enforce face to face interviews. Otherwise, lobbies and gangsters will tarnish all genuine folks out here.
Wow!!! I see a handful of comments opposing H4-EAD and calling for revoke! I really wish to see people calling to fix “loop holes” in H4-EAD, rather than revoking it. I have H4-EAD spouse who is really talented, and while I understanding how this is being misused. I don’t understand one thing, these H4-EAD holders are tomorrow’s green-card holders, and if you say H4-EAD is being misused, then there is a good chance it will be misused when they become Green-Card holders! So, doesn’t it sound reasonable if I say, introducing strict rules and checks on H4-EAD authorization is better than revoking it? I am a person who support H4-EAD, while certainly need to introduce stricter checks. and why the hell no-body is blaming Employers, middle-men who are actually misusing it ? It is pretty simple to add a “Resume check” and “prevailing wage” check to H4-EAD authorization!
I am glad that I made a handicap with special needs laugh
@Pr300,
Doesn’t matter if all wolves join together and howls at moon. The full moon will still shine!
Alex, you numbers are wrong, H4 EAD is flooding every hi tech company in Silicon Valley. We need to revoke H4EAD ASAP. After working on latest technologies for 10 years I realized that getting a decent billing rate is a challenge. Why ? because so many H4EADs have flooded the job market with fake experience. They are ready to work at any low rates just to get any experience. Only a few of them are really qualified , most of them are a drain on this economy. Granting freedom to spouses to work is like clipping the wings of genuinely qualified and experienced people . The job market is driven not on merit but on cheap rates. Please stop this madness and God help America.
@ Jim,
Could you correct me with correct numbers? I wish to learn how much impact it caused. Actually DHS is also struggling to get some factual data to present to court. Please help them as well.
B/w new reforms is offering 1.8 Million path to citizenship which includes clearing backlogs of legal immigrants. What is your take on it? (Even I got shocked!)
As I said several times before, fraud and abuse exist everywhere. It does not matter on immigration status. You have decent experience in tech field and you get paid for what you are. I too get paid for what I am. I just cant understand how a fraud person threatens yours job safety.
As some one said below, there is a south Indian lobby, which sells all fraud resumes. I will be glad to join hands with you in bringing them, who are real frauds to justice. They are real criminals bothering every genuine candidate. Their goal is filing fake eb1’s, fake gc’s and fake resumes. (Some critics are beneficiaries of that lobby.. quite understandable they cant live long in competitive world) .Any company can take initiative for compacting them .
Restricting one’s right to work after living here for 10-15 years is quite mean
Many people are discussing “HIGHLY SKILLED SPOUSES” , but there are many Indian wifes who are working on H4 EAD without having any previous experience and knowledge in IT. They are just joining in IT jobs with spouse or friends recommendation. They even can’t speak proper English and they even won’t understand what higher ups are saying. Trump administration needs to revoke the H4 Ead and hire American, by the way I’m Indian too. We came here and worked hard very hard to stand by. These days everything has been changed, anyone can work in IT and most of them are joining with fake resumes and recommendation and spoiling the work environment. I can say 90% of them are not highly skilled workers, and these spouses never get a job in India and for them it’s very easy to do IT job in USA. how is this possible? Managers and higher ups need to stop the loopholes. If we want to save American , pls revoke H4 ead and give place for high skilled workers
Anup or any friends of Anup,
Could you help me with below questions
#1. Why USCIS is approving so many I-140 when you say so may citizens are impacted? (means there is a shortage of talent here and employer intents to hire a foreign national)?https://en.wikipedia.org/wiki/Form_I-140. That way no more H4-EAD’s will exist since , EAD is based on I-140 approval.
If you could prove your argument, why couldn’t you or any of your friends who objects H4EAD file a lawsuit to prevent USCIS ability to accept a new I-140? Game is over for all immigrants and all citizens are protected.
#2.Lets say its revoked immediately. How do you ensure citizens get hired . Those positions could be taken by H1B or L1B or even be outsourced which is still cheap labor.
#3. In past 2 years, what volume of H4-EAD replaced a GC job or citizens job. Kindly present factual data from trusted resource, not apprehensions. Hearing a lot of comments Silicon valley is completely spoiled. How much bill rate went down in Silicon Valley or any IT hubs? Anyone got any data. I am not speaking on any individuals rate that went down. Requesting overall data.
Kindly answer legitimately. Kindly don’t give argument I don’t like 2 people from immigrant families working when my spouse is not capable of working.
many Indian wifes who are working on H4 EAD without having any previous experience and knowledge in IT. They are just joining in IT jobs with spouse or friends recommendation. They even can’t speak proper English and they even won’t understand what higher ups are saying. Trump administration needs to revoke the H4 Ead and hire American, by the way I’m Indian too. We came here and worked hard very hard to stand by. These days everything has been changed, anyone can work in IT and most of them are joining with fake resumes and recommendation and spoiling the work environment. I can say 90% of them are not highly skilled workers, and these spouses never get a job in India and for them it’s very easy to do IT job in USA. how is this possible? Managers and higher ups need to stop the loopholes. If we want to save American , pls revoke H4 ead and give place for high skilled workers
@R
If you are saying that they should stop issuing H4EAD because there are people on H4EAD using fake resumes, then they should stop issuing H1B visas as well as there are people on H1B visa using fake resumes, they need to stop F1 CPT and OPT as well. In fact, they should even stop F1visas because there are diploma mills who abuse the F1visa. While the government is at it, they should also stop visitor visas because every year a large number of tourist visa holders overstay and never return back. Let’s be consistent across.
Believe me nothing is more BS than your above statement. Can you honestly say workers in Disney were replaced by H1b coolies to do same work because american workers were less skilled? Or is it because H1B coolies will take lesser pay? The H1B were also doing same work. So where is the advanced skill that they are bringing? Are you that blind and dumb? Or you expect all readers to be dumb?
Dont argue that for that work lesser wages is only needed. H1B was to fill shortage in labor. Not for reducing wages. The person who designed H1B program has said that. H1B coolies and their employers do not follow spirit of law.
H1B in companies like google, facebook are harder to get as their interview process is very stringent. H1Bs in TCS, Infosys kind of companies are nothing more than low wage coolies. WITCHS H1Bs are the majority every year. So vast majority of H1b is low wage coolies. Please dont think all your readers are dumb.
Also any society is like a pyramid. There will be people on high skill and also lower skill. Is every citizen in India Abdul Kalam? It is the responsibility of the government to protect its citizens and make the jobs available to them. Isnt that what you expect from your Indian government?
You are wrong ALEX. Many H4 EAD working on retail stores. Go update your data first.
Very true. H4 EAD is misused a lot and many H4 EAD’s in IT jobs have done courses related to teaching, beautician, nursing, medical. They know it’s difficult to continue their course of education here in US and IT is the best bet. Get some training on which related IT field they want and enjoy the job like a citizen. H4 EAD’s are now replacing the IT jobs, as their wage levels are low compared to others. Measures has to be taken to get this illegal candidates out from IT field. H4 EAD has tobe stopped or should get some strict scrutiny. Will this be allowed in India. Is there a person who has done teaching or nursing profession works in an IT company in India. But they demand it here. Like Anup said spouses of people who are coming iin H1 will get H4 EAD in max 2 years and with that they are like citizens.
Sensible solution is to raise the bar for H4 EAD salary to a minimum 100K (subject to local cost of living indexes). With high minimum wage levels, the right H4 EAD’s with genuine skills will get the opportunity to work. But at the moment, the H4 EAD can be compared with a drunken monkey or a mental patient on steroids . Totally makes sense to cancel H4 EAD and start fresh
H4 EAD needs to go. They are flooding the market with fake resumes and proxy telephonic interviews.
Anyways it’s just a matter of time. H4 Ead will be revoked in February.
Enough of fake resumes in market by H4 ead .
Dude Tam is Indian on H1b followed by Green card. Do you really support her?
We follow whoever can revoke H4 EAD, doesn’t matter he is Lakshimi or Smith
Revoke h4ead. It is contaminating the IT job market.
Thanks for the support guys! We need to protect our jobs.
@Anil – you couldn’t be more wrong about who I am.
Please read last line of White House statement
https://www.whitehouse.gov/briefings-statements/white-house-framework-immigration-reform-border-security/
Thanks Administration!,
What does it say? I can’t get anything clear for H4 EAD.
Fyi..desiguy
Copying last statement..
Eliminate lottery and reallocate the visas to reduce the family-based “backlog” and high-skilled employment “backlog
Clearing backlog means h4ead need does not exist.
In the first place, I wish the part of interview process (that is recently introduced during I-485) is to submit all the Resumes that were used as part of applying for the companies that the candidate worked on. In this way all the filth from H1-B can be cleaned! I guess many of those who are opponents and proponents of H4-EAD here wouldn’t want this!! The issue of FAKE resume is both in H1B and h4-Ead. Having said this, if a green card cannot be given to backlogged applicants, in timely manner , then there should be H4-EAD. Whoever says “H4-EAD” should go because of FAKE resumes, should also add H1-B (themselves) to the plate! I support H4-EAD! There are numerous ways to curb fakes, don’t need to revoke it!
Tam/Tam Supporter: Anything not announced yet. Who the hell you are to decide H4 will be revoked or not? Better to shut your mouth! Losers!!
Thank you H4 …this people are spreading Fud and special Tam being Indian on H1b she is worse.
We are legal immigrant , highly educated , tax paying citizen and law abiding people. Why such a low talk by Tam and others. Should be willing to accept fact Americans work side by side with legal immigrant to produce end user product which boost economy. It’s a FAIR ACT to protect the legal and non-legal immigrant from abuse. If given chance Tam like people will produce fud for every culture, background and race regardless of status until their agenda is accomplish. Stand up and talk to congressman to sign HR 392 and stop 70 years Green Card Backlog for legal highly skilled legal tax paying immigrant.
Americans do appreciate the influx of highly educated and motivated immigrants HOWEVER we also have limited space here. There are 325 million people here already, and some of us feel like that is too many. We do need to scale back immigration in order to have a country that is worth living in by 2100. We do not want the population density of India. That unfortunately means that some people will be denied residency or citizenship
You could set an example by voluntarily renouncing your acquired citizenship or gc and return to your ancestors country. If you acquired by virtue of American spouse, you could divorse. Universities can stop foreign applications. Stop accepting new gc applications and stop all work visa from this year
This way population is always checked. Let all Einsteins and Newtons stay back.
Please tell us some sensible arguments
ha ha ha:)
You are absolutely free at work dude on H1B…
Get a clue, foreign born accept lower pay and have the threat of being fired and having to go home so they keep their heads down, do what ever they are told, are forced to work harder with out complaining. Has nothing to do with american being dumber than average. Has to do with americans not paying attention and letting this go on. Initially, the educated let low wage earners be harmed by immigration and didn’t speak up. Now it is their turn and there is no one to speak up but us. And we are.
I am an American PhD (from civilized Vermont, thankfully) who works in Silicon Valley for, guess who. Many of my friends, and co-workers) are foreign born PhDs (two of whom were in the same graduate program as me). We are all intellectual equals, and that is proven every day in work And research.
The point is the foreign nationals being hired here are NOT the best and the brightest. I will tell you what they are…
American slave labor.
These companies hire them on contract and pay them peanuts. They will work 16 hour days hoping THEY get the job over the 50-100 other contract workers applying for the same job.
I work at a very large orthopedic company. The last engineering staff meeting I had out of 74 people in attendance…17 were non-Indian. All of them are I would guess ages 24-28 years old and have zero previous engineering experience.
I spend more time fixing their crap. They skirt processes and procedures to get a project done for a pat on the back then move on to the next project only to have other people come behind them and fix all their messes.
They are no smarter, brighter or ambitious than the young American engineers I work with.
You keep peddling your nonsense. You know nothing.
Jo201: Its the same story in all industries, software being the worst. They get jobs because they are cheap.
RASHMI: I am simply supporting the American worker. Way too many jobs are lost to H1b. You think I am low talking you, I think you are taking livelihood away from families. 70-year wait is your own doing.
How is it our own doing, when we came here as per LAW, applied for green card and waiting it for it? We didn’t drop into states from a chopper during midnight. It involved following everything to the letter, proved. If the law is designed to make us wait 70 years, how in the world is our own doing! Filtering fakes is suppose to be very simple process, even a foreign worker like me can through great ideas to curb fake resumes! That tells me the problem lies with the companies, who are choosing to ignore! Punishing us for that is not fair. Now you don’t tell me “if you don’t like it, pack and leave!”, because we are virtually connected to american society, respect it and established our lives here, and it is extremely hard to uproot ourselves to some other place and start over! Get rid of the problem with faking, and fix backlogs! You don’t stop eating food if you are food-poisoned, rather you make sure food is contaminated! Enough said!
How is NOT your own doing? There are 5000 GCs/year and a million people applied. So why is not your doing?? Whey did you apply for a green card when you know it will take 70 years to get it? Why did you get yourself “virtually connected ” to the American society, when you came here to work on a temporary visa?
Now, you want to blame the country for not meeting YOUR demands? You are still in this country because you are doing everything to the letter. Just follow the law, wait for your turn, be thankful you are allowed to stay here while you wait and enjoy our great country.
I have to keep reminding people – if a temporary worker has such hard time going back to his country where should the citizens who lost there jobs go?
Let me try to answer your questions as best as I can. Yes, I did come here on temporary visa. The law permitted the employers to sponsor green card, my employer liked my work, sponsored me, and has been waiting ever since! While this whole process was taking place, and since I am a human being, I have emotions, I have family, I have kids, and I have LIFE, and I get connected to place if I lived for many years! The backlog is because of a age-old dumb law pertaining to ‘Country Cap’. sometimes a loop hole in law comes out with age, and laws does keep changing per the situations! and I am paying taxes as well, probably more than you do, and you enjoy my taxes! United States is vocal opponent to slave labor and our situation is akin to that! Not everything is black and white Tam! In this whole explanation, add human element and think. Are we suppose to forgo the chance of becoming a part of great country just because it is taking 70 years, while everybody commenting in this website is practically an immigrant at different times?? And coming to your point of “lost jobs”, I certainly agree there are companies who fired citizens over h1bs , but that is far less, and certainly actions can be taken to curb such cases. There is barely a law in huge nation which is not being misused in some-way. Law is there to help the nation as whole.
As per statastics, unemployment is at lowest percentage now, and there are estimated 2-4 million tech jobs not filled! Citizens are being accepted with open arms!all they need is have a skill and a filled application form. Why should the citizens GO anywhere? Treat legal immigrants as humans, just as you! When a govt accepts an immigrant in first place, he\she should be treated a decent way, since everybody in America once was immigrant !- and unfortunately I have to keep reminding this!
Tam, I think you got GC already, better go back to India. give opportunities to others.
Samantha: I assuming I go back to India, how will that give someone an opportunity?
@Tam,
What Samantha is telling is, its one liability less for USA. You can take your supporters also with you so that government can help some kids out here
@TAM ” your own doing”- You know what you did?
US has played a pivotal role in promoting global economy and extreme corporatism in past few decades. This induced poverty and devaluation of currency in other parts of world. Lot of countries went bankrupt and hit extreme poverty. However, countries like India and China were successful in exploring the world market due to their human resources. That is why Indian and Chinese economy grow at fast rate of 7-9%
In a global economy, just like water flows from higher gradient to lower gradient, business will eventually migrate to locations that are more viable for its operations. For Americans to keep their work, they need businesses to operate here with profit. If there is no profit Americans won’t get unemployment wages, paid vacations, Medicare, Medicaid, 401K money and not even a job!.
In an country like US where cost of living is highest, where citizens and GC holders are paid mammoth salary as compared to other parts of world, it’s harder for businesses to make a profit since operational cost is sky high. They really depend on immigrant work force to keep their profits. Construction industry relies on illegals, whereas STEM businesses like IT, Healthcare, Researchers etc. relies on foreign talents to keep their businesses profitable with quality.
Legal Immigrants on H1B’s, H4EAD pay good portion of their money to support Medicare, Medicaid, Social Security, Border Security, 401K and so on for each paycheck without getting back any benefits that citizens enjoy. And there are folks contributing for past 10-15 years , still on H1B.
I understand you fear and pressure to work in competitive environment. However, that is how world is. My suggestion to Indian IT giants like Infosys, CTS, Wipro is to start hire and train smart American Kids out of colleges .We should draw good examples from Japanese Automobile giants like Toyota and Honda who hires more Americans than any other American Auto Manufactures. Maintain a healthy proportion of immigrants and H1Bs. For businesses and innovations to stay in US, businesses need profit, and they need talented work force at affordable rates for which they rely on immigrants.
If you are a supporter of American Worker, just support immigrants and help businesses, grow. No wonder Apple, Facebook, Google , Amazon are lobbying for H4 EADs.
Else, price you pay will be much higher later because of “your own doing”. You could stop GC or H1 or H4EAD, or help talents out here build a better nation, and maintain better quality of life. The choice is yours!
@Alex: Good points Alex. Apple, Facebook, Google , Amazon will not stop asking for more H1s even if you give them a million of them each. That is just the nature of their greed. Did you read about MSFT laying of thousands of people? Why would they do that is there is a “shortage”. Also, people seem to think that there are ONLY 85K smart people in the whole world (which is not true by the way). Don’t you think the other smart people would be competing with the US anyway and making US less competitive? Why should India and China not grow 7%? what has that to do with American’s losing jobs? They have been growing at that phase for a while. Given the size of US economy, a 2% grown is pretty good.
I am not completely against work visas and GCs for really deserving, which I believe is not more than 10K H1bs a year. For Doctors, Ph.Ds…ect
Questions and Answers to Tam
1. Why should India and China not grow 7%? what has that to do with American’s losing jobs?
Because America is relying on their products to sell in Wal-marts,Costco, Macys, and so on.. (List is too long). US relies on China or India to sell under-wears to blazers over here. They make profit from Americans. Americans lost jobs in manufacturing sector since businesses migrated to some other parts of world. Still did not understand?
2. Google , Amazon will not stop asking for more H1s even if you give them a million of them each. That is just the nature of their greed. Did you read about MSFT laying of thousands of people?
Its not greed, its their need. You could stop H1 and see if they still operate here. MSFT was loser against its competitors. Which ever company innovates, they hire, losers fire. Part of game. Google, Apple, Facebook , Amazon where leading innovators of last decade and they need best brains from India.
3. People seem to think that there are ONLY 85K smart people in the whole world.
These 85K people may not be smartest, most of them are capable of competing with smartest and can outperform TAM very easily. Frauds also exist. Your fault not capable of filtering them out
Tam, One question- Did you get fired when 2% or less are jobless? If so , isn’t that a shame on you? No Government can protect you when you are not prepared to work hard.
Better take some trainings and redefine your career. There are thousands of opportunities around you! Good luck
@Alex, your ignorance is baffling. You are the kind of people that need to be weeded out during the interview process.
@Tam
Count on your inability
If you have an argument, I can counter you.. gone through several interviews, never failed..i do interviews as well and filter folks like you in 2 minutes
Hi, where can I update public comment in support of H4 EAD. Is public comment invited yet by lawmakers yet? I will appreciate a reply on both above questions.
It maybe in early February as per the fall 2017 agenda. Once it is published, we will share the link, it will be on a .gov website
TAM IS INDIAN WHO WAS ON H1B AND NOW GREEN CARD HOLDER.
STOP ABUSING LEGAL HARD WORKING JANTA TAM .COMMENTERS IGNORE TAM.
“If a country wants to grow then they need best highly skilled not Buy American Hire American…”
Are you saying, you are here because India does not want highly skilled workers and do not want to grow?
Administration Should focus and support Education System and Programs to encourage people to go for Higher Education or Post Graduation…. I don’t think the problem is lying with a highly skilled or educated USA citizen who is not getting job… The problem is not getting enough support to do their higher studies….
Am not sure why you keep pressing about Education programs. Most of the undergrads in any universities are filled with Citizens that includes engineering and science programs. Of course the situation is different for grad schools which has higher concentration of Indians/Chinese. But if you see the minimum requirements for most of the software & engineering jobs, they usually ask for bachelor degree and rarely masters
Correct, in most cases, you don’t need advanced degrees to be a programmer. Indian’s are too caught up on degrees.
This is soo sad to read all the comments here…. New Administration is making USA worse …. People are here forced to be racist… Because they are fighting for rights to work….
In my Opinion I always thought USA is a great country… People should be recognized by their knowledge… Individuals should get job if they are qualified….Not because someone is American , Asian etc….
If a country wants to grow then they need best highly skilled not Buy American Hire American… And to support local native people to get Jobs Administration needs to focus on the programs which will improve the education and their programs….
In my observations from past 10 years there are good percentage of jobs Which are only posted for citizens or GC holders… And for these jobs Immigrants even cannot apply… But if you are citizen you are free to apply for any jobs… And if you are a citizen then you are already on priority to get the job…
Hi Vasu, Totally understand your concerns. But you should need to understand that a citizen is more important for any country than a foreigner. No country can keep their borders open to allow anyone who are qualified for a job. Every country has an immigration policy and they use it to keep immigration flow in check. Definitely there are worthy immigrants with all the skill sets but that shouldn’t put citizens in danger. If no natives are getting hurt with the current H1 or H4’s policies, their wouldn’t been such a back lash. I personally experienced many of my competent native co-workers got laid off only to be filled by Indian consultants. The only reason for replacement is low pay but not that the new consultants are the best. I hope the current immigration debate and rules will eventually lead to a more balanced merit based flow of immigrants. Hope this helps..
@Cad – If the only reason if LOW PAY, then make minimum salary for H-1b/H4 as 110k US$ per year (depends on the cost of living) and in this way there will be no replacements because of LOW PAY . The solution is not to end the program itself.
Think about this.
Average pay for h1b is 78k. it’s not low nor high. It implies companies are paying. It’s more related to competitiveness. Not all citizens make much more than 80k. I work with fed client. Their starting payroll starts a low as 40k.
Its not just Mexico and Central America to worry about. Americans often overlook all the Third Worlders from India. I work in a building over 80 percent Indian H-1B, and the bathrooms are disgusting. Even though this US fortune 500 company services the bathrooms regularly, they can’t keep them clean. I’m talking feces on the toilet seats. The masses of body odors I’m subjected to daily is disgusting. These people are nothing if not cunning. Many will support Republicans because they believe they can get the most H-1B Visas from Republicans. Its all about what they can get from America with them. They have no other values. Trump promised to end this scourge during his campaign. The latest Indian scam is to get 1 million green cards. These 1 million Indians with green cards will quickly become citizens. Then they sponsor spouses, parents, siblings, uncles, aunts, grand parents, cousins, lots of kids, village friends (because their propensity for fraud is legendary). These 1 million green cards can quickly turn into 20 million smelly dependent people, who taxpayers must support. While Hispanics vote Democrat, Asian Indians vote Republican. So how do you like your poison ? I say neither way. There are 1.5 billion Indians and they breed like rats. Please click the link below.
Federal government uses H1b workers? Shame on them! You seem to be comparing IT salaries to average federal employees salary, which is like comparing apples to oranges. Have you seen their benefits?
@s300, you are 10,000 miles away from topic of debate
@Tam, who do you think works in cutting edge technologies? End client contracts to competent companies to help with large scale solutions.. yea it’s shame you can’t fit for those jobs and foreign nationals have to help.. may be you can complain to google to fire sundar since he is foreign blood and say it’s shame you can’t find American
BB..Totally agree with raising the wage to 110K levels.. We should all agree with that
It’s already implemented, minimum pay for h1 is level 2 wage . other applications are getting RFE or denials.
Dark side is nobody just out of us colleges qualify for h1b , in other words they need to leave. Will hear lot of universities going bankrupt from couple years
Why would be a new graduate be considered a highly skilled worker? Some of these universities praying on F1s need to go anyway.
Why students come here to do advanced degrees? Looks like you have very limited bandwidth
You make good points. But dont you want your mother land to grow and become prosperous too. Why cant you contribute your skills there instead in a country which is already prosperous. How can you demand a foreign country to accept everyone if they are qualified and have skills? No country is obligated to give someone a job because they are qualified. May be you can make such demands in your birth country but definitely not in a foreign land.
Based upon the numbers statistics H4 EAD , since 2015 only 3% H4 EAD’s has been issued out of all the types of EADs.
And out of this 3% many who are not working and many who are entrepreneur who are creating jobs.
So, logically number of h4 EAD jobs are soooo less which will not help. But will definitely impact the economy….
And @Cad we always respect US citizens and the Laws because We are the legal Immigrants with under highly tax payers…
@SM .. We are not making demands this rule was implemented by Data Analysis not just by the sayings…
and what if stopping H1 or H4 will not solve the problem of unemployment because there will not be enough skilled labours …
But What about the people who have been working here for decades together and spent their peak time of their careers working here. Would it be easy for them to go to any country and start from scratch. Just imagine you need to sell you house and other belongings and go to your home Country and start from scratch again. At least people who have already contributed should be accommodated.
Would it be easy for citizens to lose jobs for cheap labor? Where should they go?
Very convenient for big companies to lay off American IT workers (especially the older ones) and replace them with cheaper contract (H4 EAD’s/H1B’s) workers. This is a dirty secret that has been hidden for years. I applaud the President for standing up for Americans.
What about NON IT workers?
Good point.. non IT workers are purely suffering from the wide persistent corruption rampant in IT fields. I feel your pain . Am from non IT too but was able to get my GC through EB1A
So you should be fine if you are replaced by a young american. Thats how all IT companies work around the globe. you need to re skill else you will be left behind.
We need to end the abuse by big corporations of the H 4 EAD program. There is no reason why we shouldn’t be employing Americans first. I don’t buy the argument that these people have “specialized skills”. Total baloney!
Forget it, lets go make Canada Great!
No more H1B visas!! Enough is enough with these tech companies making decisions for everyone. They have over crowded the Bay Area and now more!! Hire American!! Point and simple. Our elected officials have done nothing but make life harder for the hard working Americans. We get nothing yet these visa holders get everything.
This isn’t a post on H1b visas Einstein. No wonder you don’t have a job.
Then why are you whining here. You guys want free money and don’t like h1bs making your jobs more competitive . Update your skills, forget about ur doctor appointments and dogs while you are at work .
The remedy for the h1b abuse, is to
1. Make H-1b minimum salary of 110k US$ per year. This should not have any loopholes like saying bonus counts towards the 110k salary. Bonus is not guaranteed by law, so any company for example can give an offer letter saying 110k salary with 50K bonus, but they will not pay bonus. such loopholes should be avaoided and a base pay of 110k should be applied.
2. H-1b applicants should not be allowed to work as consultants(contractors), they can only work as Full time employees to the company that applied for the h-1b visa, h-1b applicants cannot go and work as contractors at other customers or in any other location other than the company address.
3. If the h-1b visa is oversubscribed, instead of using a lottery to pick h-1b applications, any company paying higher than the minimum 110k salary should be given the h-1b visa first. Any company paying less than 110k will be automatically disqualified.
4. the above reforms should also be applied to foreign student F1 Visa EAD, OPT program as well
Regarding your point 1 about making 110k as minimum salary, don’t you think it’s biased?
If we think about small cities where it is hard to get 110k., as per your comments there wont be any hires. I believe this salary determination should be by prevailing wage in that area. Like somebody working in jackson, Mississippi getting 100k and for the same job it shold be 140k in san francisco.
There should be prevailing wage rule like it is right now. It is just that they should increase the salary on that. This way they can even distrbution of h1b’s.
Good Points Matt..totally makes sense. I totally agree it should account “cost of living” into the salary matrix. But the minimum should be atleast no matter where someone lives should be above 100K
As if someone is going to take suggestions from this group and make it a law . Lol.
Update knowledge and prepare for your interviews !!
Remember we are talking about highly skilled labor. Skills that cannot be found in the entire country. 120K is nothing to find that kind of person. Min salary should be 200K+ don’t you think?
Make the salary $200K and make a law that no company will outsource their projects. They need to find US citizens for all IT and Non IT positions.
Just a note: While H1b candidate is by definition, they are not complement to American talent. They are just a supplement to meet marked need!
If only it worked that way.
kek, you had a bunch of contractors outshine you right, haha
http://thehill.com/homenews/senate/370650-hatch-bill-would-dramatically-increase-h-1b-visas
Hatch is a piece of work. He’s tried this before. Nice to put your kid through college, have him work his butt off to earn a computer science degree, and then have no job prospects when he gets out. Does the bill say anything about paying the same wages to foreign workers as America workers make? I don’t think so.
Hatch, just quit now.
H1B visa are a huge part of the immigration problem. There need to be less, not more.
Good luck getting that poison pill past the House.
How about this idea?
https://www.cnn.com/2018/01/25/politics/white-house-immigration-framework/index.html
keep day dreaming that it will pass. Pure fake Alex
I am on H4 and not EAD as we are not processing GC. We just want to be here for 6 years and then we need to go back to hometown. My husband, myself and even kids do not want to settle here. Being here, we are paying tax (a lot) , rent, other donations also. I suggest, let all the dependents should be given work permit until the spouse till the visa end. After the end of visa, he or she can be evaluated based on a strict strategy and if the authority finds he or she is good. Let him / her and their family can stay back here if they wish (I do not wish to be here after 6 years). Evaluation should be professional and very strict. Lot of things can be considered both professional and personal life, kids academic status like that. In this way none of the dependent will be depressed. They are also getting a chance to work. I am very much depressed. I am here after quitting my 10 years job because I want my kids and their father to live together with me.
Hello,
I was also in the same boat, depressed and dint want to be here. So tried a lot and got an H1-B later. working here will change your life and mind of going back. You can do a lot of volunteer work which is available in many areas . I have been to water authority also. Please look into options h1-B or volunteering.
“JANUARY 24, 2018 20:37:56 CST
R1
Dude AJ, everyone has basic rights to work in their home country not in a foreign country. When you are a foreigner you will be restricted to work within a immigration system. If someone is so fascinated about work and freedom, a simple answer…” Get the hell out of here and work for your country””
Yes I am Agree with you. But I am talking here about people whom our system selected to provide permanent residency and ultimately path to citizenship. And I am saying why we are putting obstructions to them to contribute and prove they are good enough to become good citizen?
For everyone else you are right. We should stop all visa dependent to work if you count H4, L2 etc the number is huge.
Also a society/country should think and decide whom they add with them and how. But when they decided to add them up why making it harder for them to prove they are good enough?
Please also talk what you think about “Made in China” when you pick any thing in market now even some frozen items. (New trend designed in USA but made in China….LOL) and how many Jobs we are talking about there?
“Get the hell out of here and work for your country”
In freezing winter of 1893, an Indian was travelling legally in a First Class Train Ticket in South Africa. One fellow traveler did not like his race and uttered .. “Get out of here..**** bla bla bla **** **** and so on”. He was thrown out next station by officials. The traveler is none other than Mahatma Gandhiji, a man respected and honored all around world.
Either Gandhi should not have been offered a first class train fare or he should have been permitted to travel. Racial slur from recently baptized green folks, need to understand that your words will boomerang against pretty soon.
Offering work authorization for legal residents who have stayed in this country for over decade isn’t a crime. Their homes are here and not abroad. Their kids are here and are pretty much part of society. Interestingly , debates are going on for path to citizenship for illegal residents staying for more than 10 years. Legal tax paying residents for over 15 years are circus animals. What a shame!
Absolutely correct.People don’t understand green card backlog meaning.
People stuck in line for Green card are all cleared with background check and documents and what not they’re just standing in line with the ticket to get green card . God DHS need to improve visibility who is foreign worker and who is under queue…so they can have 2 categories under H1b for new bees and waiting more than 10 years.
At least these stupid people will not says get out of the line.
green card backlog meaning = too many people applied. What is there not to understand?
Tam
Stuck in Green card backlog. We need to remove this clog by HR 392. Remove country cap and pay G.C premium processing fees per applicant this is a fix.
For example : If anyone is stuck in traffic they don’t go back where they came from rather wait until traffic is cleared.
Sure he’s a f**k-up, and we all despise almost everything he stands for, but Trump is correct on the H1B issue.
Here I am, my final week at my current gig, training my India-residing “replacements”. I am on a technical team of 25, all living in the US, as the only “American”. I put American in quotes, as I’m also an immigrant turned US citizen! 🙂 For what it’s worth, *all* of my US-residing Indian colleagues, despise the H1B system, its abuses, and the generally shitty-quality H1B colleagues which we’re then forced to train, and re-train, and re-train, and re-train. We just taught the ‘ls’ command to one of our Indian Senior DBAs, with “15 years of Oracle experience on UNIX-like systems”. Yep.
Any update .?No news so far .Scared if they will reconsider and won’t remove H4 EAD .It should be cancelled soon
Why do you Indians like to pretend that you’re American? R and then R1? what a loser.
The party is over India. You cannot export your people anymore to the USA. Now you have to provide jobs to them in their native India. Your government already failed them for years is not decades. They are honestly subpar anyway, from experience.
Just one issue here. IT is just a support industry and companies are trying to see how to minimize cost for any support activity like “cost cutting in the cafe”, “using smart switches to cut cost on electricity” etc… these Jobs will not be here.
Party over for Indians here means party starts in India/China/Philippines etc.. . LOL
Well Said AJ, folks should head back and start their party in their motherlands. Why stay here and loose the shame and value?
Unless decedents from First Nations all are immigrants or immigrants descendant here….LOL
https://www.cnn.com/2018/01/24/us/immigration-resistance-genealogy-jennifer-mendelsohn-trnd/index.html
Nice one
Just read in news….Seems even GC holders are not feeling safe anymore
“Another thing we’ve seen is a massive increase in permanent residents becoming US citizens in the last year, even people who have been here with green cards for 30 or 40 years,” he said. “I suspect people are getting nervous and don’t want the risk of deportation hanging over their heads.”
First thing we need to understand is that H4 are only given work authorization after their immigrantion is approved. So they basically are in process of becoming permanent residents. It’s not their fault that there aren’t enough visas available to get them PR cards immediately. They are living with restrictions to work or even drive. Isn’t that insane that you want to punish people for something that is approved and is just in process. And if some of them are misusing it, blame goes to employer who is hiring unqualified people (which i don’t understand). They probably will keep doing this even after becoming citizen.
It seems this blog is frequent by insecure IT programmers who some how have landed jobs in US and are now against anyone who they feel can take their jobs. This is why Trump is against these temp workers in the first place.
You are like the one person here who’s making sense.
Human right is to work. But since people are misusing it only who is getting benefited from H4 EAD are supporting it. If I knew this country allows people to work in Software with any educational background I wouldn’t have done the 4 year engineering and masters course. Will this work with Indian MNC’s? Infosys, IBM, TCS and all major companies will check for the person’s prior experience and educational background before they hire them inlcuding previous paystubs, offer letters. With H4 EAD. many are getting trainings in IT related jobs and will apply for jobs. Consulting companies will hire them as they are ready to work for less wages and poor clients will trust these consultanices based on their relationship with the client.
You are talking about some companies who are grossly misusing this. This is fraud.
The H4 EAD holders who are faking experience also fraud.
If a position requires experienced and certain skilled resource then whoever is applying should have that not make that up.
Everyone should report that and their authorizations MUST revoked.
But there are a very good number of people who are good in their field as well. I am sure you will find out doctors. Dentists, PhDs masters, many qualified person [may be some are even better than their H1Bs] there as well.
Also do you think not so skilled person who gets H4 EAD and getting a job in Walmart or somewhere else to get her/his freedom to earn money to spend as she/he wishes is bad?
What do you think about a master degree holder in production engineer with 3 or 4 years of experience got H1B and working as Java developer (without any production engineering related code development). Is this not Fraud? Infosys, IBM, TCS and all major companies happily takes them as their IT employee.
Are they any better than many H4 EADs?
Have seen many people who has no IT related background working in software with H4 EAD. They have misused H4 EAD that they got as a blessing just to earn money. I agree many eligible people are there in medicine field, business field and also qualified IT people are also there who took a break. Wish they should be granted the freedom to work. But at the same time whatever reason anyone say it’s not acceptable to misuse a system or rule that was granted for the good of all. I don’t think anyone will report a person evenif we know that person’s experience or education is not matching to the work that he/she is doing. But will react to stop the abuse.
Don’t tell that you have only seen H4 EADs have no IT experience working or pretending to work in IT. It doesn’t need to be visa holders only to do this things I am sure you will see many citizens are doing the same. Because if there is use there will be misuse.
Why we all are talking about IT and IT only. IT is not a main industry it is always supporting. And we are talking about a very small percentage of job here. Why no one is talking about manufacturing, agriculture, fisheries etc? Where are those jobs going? It is because it is easy to use weakest link in society to blame politically. so use H1B, H4, DECA etc. Is not it very easy to talk and get vote on these? because if we want we can really change their life good or bad but cannot bring back manufacturing jobs so easily.
Here I am only trying to say “Right to Work”. Please check UN Basic human right articles. Why we are violating some people’s basic right? Just because of thinking about fraud or misuse?
The people who missuses are criminals and every society have right to punish them but not by violating human rights of others. By reacting and trying to stop H4 EAD I think we are supporting the human right violation as well.
Dude AJ, everyone has basic rights to work in their home country not in a foreign country. When you are a foreigner you will be restricted to work within a immigration system. If someone is so fascinated about work and freedom, a simple answer…” Get the hell out of here and work for your country”
First of all everything goes hand in hand… US employers are patially faulty for revoking H4 EAD… Everyone will try their luck to get a better job either genuine or by fake experience… but while appointing employees its employers sole responsibility to check if he/she has genuine skill in interviews… They just look how they can pay less and get their job done thats why many fake CVs are getting into MNCs and in long term affecting people who genuine… Also actual US red Indians are already very less in population…now whoever call themselves tru american are actually some way immigrants… those people got better life just because of their ancestors coming in this land as immigrant for better life… just because people now have life they forgot where their root actually has come from… so what the current immigrant are following the same path once your ancestors has followed…They are also trying to give better life to their family so what’s wrong in that… So I really don’t understand why so much noise…I agree with one thing that genuine talent should get the chance here let tat be US citizen or an immigrant…
https://www.facebook.com/H4visaacurse/posts/765580430295337
My friend who is an ETL Developer was approached by her colleague (Telugu) to give proxy interview for his wife who got H4 ead. His wife has made a fake resume, copy pasted roles from other resumes, fake projects and didn’t know how to explain project and other terms she had mentioned in the resume that’s why she wanted a proxy interview. My friend didn’t agree to give phone interview for his wife. I have seen lots of south Indians who dont even know the basics when they join the project and I wonder how did they cleared the interview. I think instead of depending on USCIS/DHS to eliminate these frauds, we should also do our part and not encourage this wrong doing. Because there may be few of them but the whole community gets blamed for this. If his wife wants to get a job because she is getting bored at home then she can find any low skilled/low paid that she can actually do.
Friend Anup,
Didn’t you know economy is at its best with less than 4% unemployment? Still you have low wages? So sad!
Do you know conditions to process an h1b? either you can keep your mouth shut or you research on topic before commenting
1st of all H4 EAD is not an offer for a Job…it is a basic human right “Right to Work”. Please also note most of H4 EADs are women not only wife of H1B also a mother by their own right.
Now some people are scared to compete with some people for Job, who are basically out of Job for long time and lost their touch a lot. Still they are scared why? Too much talent that normal people cannot catch their talent or have some short coming which they couldn’t overcome in spite of getting enough time at their previous jobs?
When a company hires they can see a big gap in work for H4 EAD. But if they still hire someone with h4 EAD what does it mean? A Fake resume or Shortage of skill/talent?
Now coming to real fake resume. Some really do that and they should be eliminated by reporting to proper authority and it is equal for anyone with visa holder of any kind or residents.
Why we are all discussing over H1B, H4 only so much? How many percent of people/jobs we are talking about here?
Why we are not discussing much about Manufacturing Jobs? If those come back to country there will be not much to worry about visa and immigration and unemployment for sure.
Think please!!!
Its not about competing..its about survival of citizens born and bought up in this country. The day a guest worker competes with a native is the day the H1B is broken. The program has set up to “FILL” in but not “REPLACE” the natives. Sure definitely there are better talented and skilled H1B’s, but a country is for citizens and protecting their rights. If its all about just talent/skills, why just open the borders for the entire world and allow everyone to compete for the same job. Its good the new administration recognizes the value of citizens and wish the whole H1B is revamped to get only the best and brightest for the unfilled positions.
BTW, your arguments makes sense only when you live and fight in your country. You be being a foreigner, have very limited rights to claim. Hope you understand but in case if you don’t agree, you always have the freedom to pack and leave.
Lions share of full time job positions available in job portals like Dice.com, Indeed and similar are marked for CITIZENS /GC only. 100% federal jobs are available for CITIZENS only. H1B’s are not intended for replacement of citizens but for empowering citizens, promoting economy and working on competitive environment. Corporates trying to replace citizens should be blamed and brought to justice, not the applicants. Fraud applications also can be treated the same way.
Having said that this forum discusses the hardships of spouses of H1B visa holders whose green card is pending. They have given up their career so far to help the family. Are you saying all H4 spouses should stay here as prisoners? Please note there is an indefinite wait time for GC priority dates for folks of Indian Origin. The rule means a lot for them.
H1B visa holders who lived here for 10-15 years are not tourists in the country. They pay 1/3rd in taxes and are part of community.
I’ve been working with H1B folks for 20 years and the vast majority of them are great people.
The problem is that H1Bs workers will literally work themselves to death to keep their jobs because they’ll get deported if the lose it.
They’ll work straight for 36 hours. Management starts to see that as the “norm” and expects that of others. It’s a horrible downward spiral for the company when that happens.
Sadly visa holders work on many state and Federal jobs through contracting.
Prisinors? Yes, by their own greedy spouses. There are several interviews given by H4s – the reason they stay here is that their spouse does not want to go back. They simply don’t care about their wives.
Tourists are not allowed to work – that would be illegal. Everyone who works in the US has to pay taxes, including H1s. What is your point?