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 On Jan 25th, 2021, OMB has withdrawn the H4 EAD Removal rule.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- Jul 2023 : As of July 2023, no new update since the withdrawn status.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- May 4th, 2021 : No new update since the withdrawn status.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 It status says withdrawn and the OIRA concluded the OMB Review ( EO 12866 Regulatory review ) on Jan 25th, 2021.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?
I “employ” a couple of H4s. I believe one of them is your wife. Good worker!
You are not even capable that is why your wife is working with Mexican pool boy.
http://www.businessinsider.com/trumps-visa-shut-down-threatens-immigrant-jobs-in-silicon-valley-2018-5?amp%3Butm_medium=referral
What about Jobs for Americas? What about all the Americans who were doing the jobs and because of loopholes LOST their jobs to H1bs? Who’s going to protect the American worker. On this, I’m on Trumps side, though he hasn’t done anything yet, but because of his threats my friends and I were able to get jobs this year and late last year after being laid off. Don’t fool yourself, there is NO SHORTAGE, just companies who exploit both American workers and H1bs. Two years ago before trump jobs were very scarce.
@R1 I don’t support abuse of any kind whether it is immigrant abusing system, or others making racial remarks. I oppose all those that have exploited the system and support tighter laws against people who are exploiting. But that doesn’t mean everyone need to be put in same basket. You and Leo and now this Indian guy passes racial comments that I will stand against. I am all up for healthy debate on how to fix the issue but seems like some people here are only interested in bragging their fake assets or putting people down. Living in US I do respect their law and their citizens and expect same respect. I have come across more good people in this country that I will never stereotype them because of few bad apples.
We need to enact legislation to make Minimum wage for a H1B, L1, OPT, H4, Green card holders should be made $250K per annum on the east coast and $325K per annum on the West Coast plus it should be mandatory for all employers to give housing allowance of $75K if employed in Boston, NY City, San Francisco, etc.
Why? Because they are exceptionally talented and that extraordinary capability and talent and education level and skills and work ethics and sincereity and honesty and many such positive attributes cannot be cannot be found in anyone in USA as claimed by all major US companies and so called non-partisans. Hence US companies need to pay a premium per the theory of demand/supply
Also, they have always complained that they are leaving a wonderful home country and their near and dear ones and family and friends and the cultural heritage, etc. and all the goodies that all these nations offer only because US companies are bringing them to a foreign and alien land.
Ok – legislation should be enacted to mandate all US employers to give them a hardship allowance of about $60K per annum for bearing the tough condtions in USA.
Also the legislation should mandate that any of these US companies pay the same inflated salaries when they hire anyone overseas.
That way United States of America will ensure that it is being fair and considerate and preventing US companies from exploiting foreign labor anywhere in the world in line with their commitments to human rights for everyone in the world except of course, the poor souls who are US citizens about whom no one cares anyway.
@SM is that what you cook in your mind when you sitting home without a job?
@H4EADSupporter…
If you do not support misuse, then why you are not vocal about it. Why do not you clean mess created by your own folks. Onus lies on Indians and not on American system to separate good from bad. Why my tax money should go to create rules and laws for folks who have proven time and again that they will misuse the system. Your government should also participate to not send fraud people to US. To ensure people having right skill set/educational background are going out. It is high time that Trump should strictly impose rules to end H4 and make H1 stricter like hell. ‘Buy American, Hire American’!!
Well said,
Please send this letter to :
reporth1babuse@uscis.dhs.gov
ASAP
Wow…great career advice to H4EAD Supporter.
I am desi guy who got GC. I do support Trump on this one. It’s true that any Indian in a hiring position in IT field in US companies or State or Federal agencies , almost never hires an American. Given a chance , any given day He or She goes for another Indian ( very likely H1B and H4 ead ). In some instances , these managers do not want American citizens or even GCs , because they do not want to put with any crap or low pays.
I witnessed these is so many instances. Its sad to see americans turned down in so many positions. Its just horrible ! some one comes to this country and have no respect for the hiring process.
WOW!!!!!!!!Again!!!
H-1B abuse: Bay Area tech workers from India paid a pittance, feds say
https://www.mercurynews.com/2018/05/01/h-1b-abuse-bay-area-tech-workers-from-india-paid-a-pittance-feds-say/
@R while you suggest that don’t forget to ask some social welfare for sorry losers like you and your buddy Leo.
Like your people beg by bringing parents on B1 then have them babysit other people kids for cash disgusting.
@Indian you don’t even know who my people are. Seems like you know lot about this perhaps your parents did this to buy your fake watch. ????
https://www.mercurynews.com/2018/05/01/h-1b-abuse-bay-area-tech-workers-from-india-paid-a-pittance-feds-say/
@R
Please send this letter to reporth1babuse@uscis.dhs.gov ASAP
Such an illogical comment, no one is going to hire someone who doesn’t meet their requirements, if they hire under-qualified candidates just because they belong to their native then will the manager take the employees work in his/her plate, are they going to keep the employee for free. Just accept that you are not capable enough to compete.
Its completely an irreverent example.
It will be relevant you and your relatives get deported
Highly skilled H4EADs – this is just an example of stealing jobs
https://www.youtube.com/watch?v=CRRzzhkWeq0 (start listening from 4:20)
LOL. I am eager to suck it rather than going to New Zealand as long as you keep my H4EAD. I am begging.
You must be very lonely.
Report those BA, QA, etc to reporth1babuse@uscis.dhs.gov
https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/combating-fraud-and-abuse-h-1b-visa-program
^ In today’s episode of ‘things which never happened’
USA had been a great country in inviting the best and brightest to stay in the country and work here. H1-B is one of the program that gives chance to such bright people to work temporarily and later if they would like to stay, can apply for the green card. There are certain rules that bars such people to get their green card and they have to wait in the line for years. Please note at the same time, people from most of other countries can get their green card almost immediately as they apply, and they start living life in full with work authorization. It does not matter where they are coming from- whether it is one of the education deprived or food deprived country. America gives them a fair chance. H4-EAD rule is the only rules that provides work authorization to the family of the H1 workers who are waiting for their green card for years. Please note at the same time, there are other temporary visa program (e.g. L1) which had that option provided for their dependent for getting work authorization. So why not to H1 dependent. America is known for providing equal opportunity. When the rule for H4EAD passed, it just gave few of those long waiting H4 depended a chance to work and come out of long wait. Why it is good: 1. Work authorization to H4 had already had been proven to create new startups and so create new jobs. 2. When H1 dependents have chance to work, they are investing more in getting higher education and training in united states, and so, helping Universities job. 3. America is known for its equality, faith and believer in God. It gives fare chance to all living, including human being. So why to make these H4 dependent feel like they are in a cage and cannot work. 4. It was too depressing for the H1 dependent to just stay at home and do nothing while their spouses are working to help America’s development. Why depressing- because they did not have the work authorization but at the same time they were capable of doing that. 5. It also gives H1 employee (who are really bright studious people and helping America to achieve development and new innovations) a peace of mind that their dependent can work if they want to, and not get depressed because of the stringent laws for H1. So, they tend to work more efficiently and for the entire period they are allowed to work for and do not leave the country and look for other developed country to work for. 6. H1 and H1 dependents are legal immigrants. When the country is debating about controlling illegal immigrants, why not to encourage people coming from legal route. 7. It was approved recently. So people just want to oppose it. Please note blindly opposing a cause they go against God’s will. Please note lot of other similar visa’s dependent like L1 already had it. 8. It increases competition so a company or the country will get better employee. People who are not qualified enough, are afraid that a H4 EAD person may get that job which they want to get without studying hard and having that special knowledge through long experience. In most of cases, bright people marry bright people so in most of cases, dependent of H1 are mostly bright people (e.g. some of them are doctors, surgeons, scientist, engineers etc). Please note if they are not qualified for a position they will not get selected for the job. 9. What is the harm if they want to work here, pay taxes and help the economy? Unfortunately H1 immigrants do not have resources and political support. Please note- H1B dependents are actually Americans in waiting and would have got their green cards.
If anyone thinks H4EAD Revoke will go through without lawsuit, they must dreaming.. There is lawsuit in making and wouldn’t be different than DACA EAD which was upheld by Supreme Court. If at all this get revoked it will take many months and downturn economy to make a case H4EAD is hurting US citizen.
We waited for 2 years, we can wait for few more months. Gives you time to pack.
Keep waiting before anything we all will have GC. ???
yeah you will if you can live for another 200 years…
Law suit will go for years till we get GC. ????
You are confusing yourself it’s not India it’s USA let’s see how long it takes. Can’t wait for you madarasis to be deported
@Indian don’t forget to send your kids to school else they will be like you jobless and frustrated. Also make sure they know how to compete.
Don’t worry about me worry about yourself .In no time you will be back to madaras wearing lungi
I don’t worry you or your kids. You were the one worrying about your kids because of your insecurities.
Do u know me ? I am in IT just like you are but am a citizen .House paid off drive Tesla SUV paid off wear Patek Philippe Watch , Few properties on rent , Wife Doctor with her own practice so I don’t think I am lacking anywhere. Now you my friend is suffering from inferiority complex that u r not using logic and facts .You guys are rakshasha in Ramayana .Your community don’t use deodorant they stink ( exceptions are always there ) you don’t intermingle with other communities or Americans since u lack confidence .You guys hire your own community at work by systematically rejecting American resumes .I voted for Trump because of people like you who are ungrateful and think it’s their God given right to abuse and milk the system.
@Indian first of all I am not South Indian and not that I think they are any less. Your racial remarks and bragging again proves your insecurities. Anyone can put can anything on this blog and I am not even gonna try to explain my worth to random stranger as it way beyond your comprehension. Hope best for your kids.
Spouses of immigrants are taking up jobs like restaurant servers, gas station cashiers, etc on H4 EAD. These jobs are being stolen from the US Citizens. H4 EAD can pick up pretty much any jobs or start a business and put the US Citizens out of jobs and business. There is no protection for US Citizens against H4 EAD.
Speaking rubbish without data is stupidity.. get the stats numbers and you will realize most of the ead holders contributing to economy by filling skilled workforce gaps and paying income tax which will be used to benefit citizens.
Ead holders open new small business which provides employment opportunities and ultimately providing more benefits to the economy and govt in terms of taxes
H4 ead is small numbers, if you really want jobs then get the manufacturing jobs back to US. 99.99% products are made in china, start thinking on how to get those jobs back rather than targeting the programs which are benefiting he country
So stop spreading rumors on h4 ead stealing jobs etc..
Lol.. get real job buddy than whining here and spreading fake news
@R you are trash talker cuz you don’t have real job. Better get to NZ else you will be sending your family to China which would be worst.
Thanks for providing “stats” on H1s working in skilled jobs. Temp people do not have to worry about where US buys its goods.
chup madarch0d
@Jay this is beyond your comprehension, go back to your low end jobs. Hopefully food stamp and social welfare is helping you.
People on H4-EAD are not stealing US Citizens jobs. I am on H4-EAD. My company interviewed almost a dozen candidates for the role and could not find any. Subsequent to multiple interview rounds and technical screening, I was selected to perform the job. H4-EAD are all educated and have zero intent to either implicitly or explicitly harm US Citizens prospects.
Disgusting.
Shameful.
They are not allowed to enter to USA
a
To all anti h4ead – Do not self proclaim yourself as view of all Americans. Comments below are totally un American. I doubt if you are really Americans or are self proclaiming Americans who are using this opportunity to spit wrath. Derogatory remarks against women! How can y’all do that.Also to responders, how can you respond with foul and derogatory remarks. Where is the healthy debate here?
Having said that I agree that the people & companies who are abusing the system should be penalized severely and set as an example so that it does not reoccur.
I encourage all NEVER participate in abuse and ALWAYS report abuse to the experts (agencies) as they would know best how to deal with it.
If there is theft in a block we do not isolate the entire block from community , we have law agencies to find the culprit and get the block rid of the thieves.
Similarly if there is abuse then agencies should find the source of it and take strictest possible action to set as an example for others.
My understanding and views of the process to recruit ead and h1b.
1. When a job is open Citizen, GC and Alleads are competing at the same level. Its fair competition. If a company decides to recruit h4ead because his/her salary expectation was lowest then it is the company who is not playing by rules of Labor. This should be caught in labor pay scale audit and company should be prosecuted if found at fault and any candidate participating in this should be penalized too.
2.When no citizen/gc/Alleads is able to fill a position, it opens for immigrant visa. Upon selection of visa candidate, a file is sent to USClland DOi at same time to check and ensure that the job was kept open for citizen/gc/eads and the job opening meets the fair standard of duties and pay.
DOi checks that salary offered to visa candidate is at par with pay standards and job was not given away to h1b because it was accepted at below standard pay level and only then consent is provided . If any violation then company and participating candidate should be penalized.
Hope you both anti and for h4ead folks and they grow up to start having healthy debates with facts.
Foul language, derogatory remarks, responding back with foul language is all sign of weaknesses.
Be strong
Hope it helps all
A
Very well said. If anyone can read and understand what you have said they will not be anti h4 or anti immigration. It is never the fault of people who are on these visas. They see an opportunity and want to seize it. If the companies and labor are approving then the people on visas must be treated fair.
Thanks
@Sparthy, having said that I am always against visa abuse.
People shouldn’t seize opportunity where they become partner in abuse, if they do ,then both the company and person should be severely penalized.
@J What are they polluting and how ? Did you reported them polluting?
@Huston Tx – Are you saying that people defecating near tracks will have the money to process their visa application, i believe you know that there is visa application fee and visa interview. Considering they have money for visa application, are you saying we wont be able to filter such people at visa interview round and reject them.
Have you seen any one defecating in open in US. Did you reported it ?
Again do not have unhealthy debates and hurt each others feelings.
I am starting to feel that this debate is not about the crux of the matter but more to do some Asian countries who always like to spit wrath at each other.
Point is very simple, legal immigration is welcome and any abuse is unwelcome .
Do not penalize hard working legal immigrants for wrong doing of others who deliberately abused the system.
Rationally wrong doers should be isolated from the lot and should be severely penalized like assets should be seized , some prison time and banned for life just to set as an example
@A…why should my tax money go towards cleaning a system which Indians have abused and misused. Why not we just shut this whole thing for good and start focusing on better education and skill set of Americans. This is non sense that we should be reporting people to agencies and waste time. You sound logical, but not practical.
Exceptionally talented Americans are never scared of H1B or H4. If you are afraid of them stealing your jobs then the problem is with you. Companies should be given freedom to hire the best. If you can’t crack the interview then the problem is with you. There is no way average Americans can match the analytical, coding skills, hard work of Indians. Exceptional software engineers in America have no problem with them. Only average joe who can’t do a simple addition without a calculator is scared of them. Besides, they occupy about 0.01% of the jobs which is negligible. This is a hugely exaggerated issue. Eventually, they will all get the GC anyway. I say mostly jealousy is the reason. Fact that they can afford a big house, make more money makes you jealous. Pure and simple. They are not here illegally. They are here legally. H4 is legal. America was built by immigrants. Hardworking ones. Sadly illegal immigrants have louder support than these legal immigrants who contributes immensely. Their kids are generally very good in education, they create things. Look at the number of spelling bee winners. Pretty much everyone is Indian. Many young doctors are coming up. Who knows? One of their kid might find cure for cancer. Few bad apples should not create a negative image of them. Majority of them are exceptional. Very rarely they get into any controversies. Harmless people. They are very good at assimilating.
What a shame to read this messg from someone in India.. u guys can never stand united…
Absolutly and they they can ask their families to go to hell and themselves move to america. Expose their kids to World class government funded Indian education and shun the outdated and pathetic USA education system. Teach their children to run away from difficulties and not fight for their rights as fighting for rights is not what women can do…
Rightly said Jitin. People like Leo and R just want social welfare. Don’t know how they face their wives and daughters after typing these remarks. They think they are supporter of America but in reality they are incompetent and selfish people who only care for them self. They think bringing down others will help them make better career but in reality they will fall on their back. They have no jobs no qualification and no career and that will not change.
Absolutely. Plus they are extremely low pay. It’s a win-win for both countries, unless they prefer going to New Zealand for that GC.
@Joe no one is begging anything here, stop your false propaganda. People like you need to beg for social welfare. We are legally allowed in this country and we have right to voice. Voicing opinion is not begging. People like you can’t compete so use false propaganda . Get life…
@H4EAD Supporter
Ya you have rights to suck your boss’s dck.
Lets allow srilankan & Bangladeshis to come over to India and take over local jobs and see what the out cry is. I know many US citizen are working for body shoppers like Infy/Tcs/Wipro etc because they cannot get direct jobs. Trump is the result of that policies. H1 Category the H4 category (Simply doubles its) then comes Student Visa (once they come they never go back) What will happen to local Americans.
@Salim do you read news and job employment data, only people who don’t have jobs are the one who don’t wanna work or don’t have right skills.
H4EAD Supporter
Over 90% of H4EAD are Indian women who is ‘very eager to work’ and have ‘competent right skills’. So our 15 congressmen decided to send them to New Zealand for GC:
https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12039013
Good luck with that, your message was funny and I got good laugh….
The numbers don’t add up. If there are over 1 million Indians awaiting green card, then why aren’t there more H4’s applying for the EAD? The argument is that these H4 need the EAD to help support their family makes no sense. If economics was the reason there should be more applying. The faster the rule is rescinded the better. Nothing but lies and fraud
@John stop watching Fox News maybe you will get your numbers right. 1 million waiting for GC, where did you cook that cook that number? As to revoking H4EAD you have to wait long time.
To all anti h4ead – Do not self proclaim yourself as view of all Americans. Comments below are totally un American. I doubt if you are really Americans or are self proclaiming Americans who are using this opportunity to spit wrath. Derogatory remarks against women! How can y’all do that.Also to responders, how can you respond with foul and derogatory remarks. Where is the healthy debate here?
Having said that I agree that the people & companies who are abusing the system should be penalized severely and set as an example so that it does not reoccur.
I encourage all NEVER participate in abuse and ALWAYS report abuse to the experts (agencies) as they would know best how to deal with it.
If there is theft in a block we do not isolate the entire block from community , we have law agencies to find the culprit and get the block rid of the thieves.
Similarly if there is abuse then agencies should find the source of it and take strictest possible action to set as an example for others.
My understanding and views of the process to recruit ead and h1b.
1. When a job is open Citizen, GC and Alleads are competing at the same level. Its fair competition. If a company decides to recruit h4ead because his/her salary expectation was lowest then it is the company who is not playing by rules of Labor. This should be caught in labor pay scale audit and company should be prosecuted if found at fault and any candidate participating in this should be penalized too.
2.When no citizen/gc/Alleads is able to fill a position, it opens for immigrant visa. Upon selection of visa candidate, a file is sent to USClland DOi at same time to check and ensure that the job was kept open for citizen/gc/eads and the job opening meets the fair standard of duties and pay.
DOi checks that salary offered to visa candidate is at par with pay standards and job was not given away to h1b because it was accepted at below standard pay level and only then consent is provided . If any violation then company and participating candidate should be penalized.
Hope you both anti and for h4ead folks and they grow up to start having healthy debates with facts.
Foul language, derogatory remarks, responding back with foul language is all sign of weaknesses.
Be strong
Hope it helps all
A
I dont understand are the politicians bored and playing game with immigrants?
Why did they pass H4 EAD rule in 2015? Why they want to remove H4 EAD now?
Is only H4 EAD creating problem? What about L2 EAD, GC EAD, OPT EAD?
Because New Zealand are hiring our talent, ‘highly educated’ , ‘sitting-home-bored’ H4EAD ladies.
So our 15 congressmen wrote a letter urging H4EAD to go to NZ.
@Leo you can’t compete on your own soil and you talk about us. We will be successful where ever we go but we will go when we want to.
H4EAD Supporter
Yeah you will be successful in below business. Send your wife here
https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12039013
Is that where you are sending your family and wife if you have any…. You definitely have no career here in US.
You seem to very frustrated now!! Go back from where you came.
@H4EADLoser
Hey Loser. Go back!!! We don’t need you!MF
DJ and DJ2 it is clear from the messages who is frustrated.
hmm.. my personal opinion is that, H1b is broken. If H1B’s were given on the basis of abilities, skills and job requirements then H4 would have never been in the market. Congress should focus on fixing the H1B before abolishing H4.
Many consultants and companies are abusing both the visa categories for their personal gain, normal American and Indians alike are paying the price for it.
SJ
I’m seeking for a job in IT from past couple of days with lots of hope. There is a speculation and many debates on H4-EAD currently but still trying to get a job. It shows how people have commitment to achieve their dreams. It’s a very good opportunity for the people who have skills to improve their growth and an organization.So please don’t remove H4-EAD.
Who are you? Usa is a land of immigrants and people should deserve first before they desire anything.. just working in walmart being a high school drop out would anyways not fetch u guys anything.. stop crying and comparing urself to the creme u cant even reach to… not to talk about descrimination but in any country a person who is capable, educated and qualified should be given a job… that’s for countries betterment
..only cry babies would have a problem with that.. all educated personlle are working and dnt really care about H1-H4 or other visas…
So please go to india to get some good education first…
Agree, the more I talked to them the more I found out they are not a simply straight person. They are another kind of evil threats to US.
Even 7% GC for Indian per year is too much.
I will report to: reporth1babuse@uscis.dhs.gov
There are two countries mostly with these backlog. India and China. I have NEVER seen one China advocacy group screaming for fixing. Only the Indians scream and ask for this fix. Right now, what type of fix would you recommend such that it doesn’t skew the current plan towards that of India only? You also forget that 80% of the current H1B go to one demographic: Indians. No one has ever complained. The backlog is a result of the blatant abuse of the H1B visa which has brought millions into the country over the last 20yrs. There are currently 140,000 green cards given across Eb1 to Eb5. Only 7% allocated per country so that all 140,000 don’t go to a single demographic to make it fair. Each category get 1960 visas per country. That is fair enough. It is called controlled immigration. The US has the right to control the number of people that come into its country. Also, the H1B is meant to be used to bring in people from the entire world and not from India for technology. What about other fields of study: Media, Business, Arts, Architecture. Do you know how many students(NON-STEM) from other countries go back to their countries because they cant get H1B and dont make a fuss about it? Why is it that the moment one Indian has to return it is because they are hated? The entitlement mentality has to stop entirely. If the government feels they can overturn the H4 then so be it. They can do that. The H4 is predominantly Indian..over 94%, that will become another avenue for abuse if it is not curbed right now. Right now, I even believe a quota should be placed on H1B to further reduce the abuse so everyone gets a fair chance at the lottery. If you abuse it, then you should abuse it for your own demographic rather than for all. Right now, the green card process is fine as it is, it is the abuse of the H1B that needs to stop so the backlog can end
100% agree, even 4% GC for Indian is too much.
They came here demanding our DHS: you either let them have double income or give me GC right now. I’ve never seen any nations like that. Comparing Chinese and Indian you can tell Chinese are more educated, humble.
Indian to US is a threat.
You can see from your H1b co-working in your work places.
After H4EAD got revoked, 15 congressmen suggest you guys go to New Zealand, check out this:
https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12039013
@Leo and R We have right to make our voice heard and that right is given to us by law. And you are a tiny fraction of American not the entire country. There are lot of Americans (one with brains and jobs) that support immigration reform. Just because the law was set doesn’t mean it can’t change or it shouldn’t change. Laws of 80s and 90s don’t make sense now. So stop crying and time for you to grow up and don’t blame the game if you can’t play it. You need social reform then go to social security they probably will cut you the check that is paid by taxes we paid. Few US citizens don’t dictate the country’s immigration policy. Go read on HR 392 and see how many congressmen (US Citizens and their representative) are supporting it. You want free money without doing any work and that is why you can’t compete.
You can only day dream HR 392 will get passed.
Wake up @H4EAD Supporter, the 15 congressmen in a letter suggest H4EAD migrate to New Zealand in case you don’t love your motherland.
https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12039013
One Helpless scared individual.. who feels indian are a threat.. if in ur slightest dreams if indians leave…wait the recession to hit the country and then wait to get laid off…. looks like u waiting for that day.. ?
@Leo we are going now where. We are here to stay try whatever you want. We have great jobs, we are prosperous, we are richest community in US. You can envy all you want.
@Yon you don’t get respect just because you are American. Leo has posted lot of racist comment on women, immigrants and you expect because we are immigrant we should take it. No way. In respect your comment to kick H1B, my remark is same good luck with it.
@Yon also that is what I think of Leo and people like him. I am not disrespecting all American so don’t generalize what I said. I have lot of intellectual and great American friends and they don’t judge me because I am immigrant.
@Leo and R seems like your family already posted their profile there.
That is very offensive and don’t know how admin let you post such comments.
Wow this is outrageous. My wife and I make a total of 400k a year. And she is on EAD. We are waiting for GC for years…. just give the GC instead so she can also utilize her skills and contribute to American economy. The jobs we do are at the top of the cutting edge. I take interview everyday. There aren’t any American for thes jobs. And the pay is awesome. So don’t tell me these are $10/hour jobs. Just an unfair system.
I agree with you as always first priority goes to American citizens. If they did not find any then later they look for H1/EAD people.
Who said that, “always first priority goes to American citizens”. American Citizen and GC profiles are rejected and considered H1 and H4 EAD people as they are entering with references and high recommendations.
@Sandeep. It seems at this point that you are contributing to your own economy than Americas. I respect your and your wives talent. But we do not need it. Nobody is indispensable. I do not agree that Americans are not available. Maybe, they are available at higher price. And that is the whole issue that not only you have taken jobs away, you have made IT market stagnant from a per hour rate perspective.
People like you who are talented should work with your fellow countrymen to stop abuse of our system. GC will come as per process. You know that more than immigration policy, your own folks have choked the system.
ENDH1&H4 : I thought this was a capitalist economy. What you are saying sounds a lot like a Nationalist or Socialist economy. I thought in Capitalist economy it was believed that if you have goods to deliver than he or she should be given a fair chance. I have lived my life here for 9 years. Would you like me to uproot everything and leave? Please don’t take offense for what I’m about to say…. a job that’s worth 100k one will never get 150k. What you are saying is by sending talented people back you want to create an artificial shortage and bump up the price for those jobs even further…. but I can guarantee you a person who is unemployable will not employed for 100k or 80k or 150k because there is a certain bar you have to meet. I can guarantee you there are much more jobs than there is supply in my field. We have been looking for a talented engineer for 3 months, forget about Americans there was not a single Indian we could find to hire. So, sir you are delusional when you say there are people to take these jobs. And I understand that you don’t want me to be here. But I didn’t come illegally. I came through proper channels.. your companies sought me after. Yes I would recommend to the youth that don’t come here since this country has become an alien land and the American Dream is a distant mirage. But it’s harder for people who have been living here for years. This is the country I have known as home.
Great reply Sandeep. I agree with you completely. There are so many jobs in the market now. My husband voluntarily opted for H4EAD even though his company was filing for his GC only because of the flexibility you get with it. They gave H4EAD and now they want to take it back. I have been here for years and have kid and now if he loses his job we will all have to go back. Big Shame!
@Sandeep. First of all, I never said that I do not want you here, or by any means you should go back or face any hardship. My anger is against misuse of system. Why cannot talented/skilled spouses of Indians come through H1B route? Why an easy path of H4 EAD is open for them? Do you think in every field there is a shortage?
Think about our kids who work hard but do not make enough as many of those jobs go to Indians with fake resume. We do not want to start at 100K or 150K. But should not we have right to do a testing job at 60K. Today those jobs are going to Indians for a simple reason, that you have misused the system.
US is a capitalist economy. However, we have all right to protect our families and make sure that they earn and prosper. We wanted talent from across the world to come here and help America grow. But if over the years your people have abused the system, how can we discriminate stuff from fluff.
I am amazed on Indians taking pride in Silicon valley establishment. Do you think only we have Indian CEOs who can run the companies and their are no Americans who have done great job. All big companies were founded by Americans, and are run by Indians for the very fact that we respect talent. And when you started selling us cheap stuff on name of talent through fake profiles, we have all the right to show our anger.
If you call it a home, start treating it as your home. Think of your fellow Americans with equal empathy. Help them to get some jobs. Train them. And finally, things will fall in place..
ENDH4&H1:
First of all you mentioned why can’t the spouses come on H1B like everyone else. But I thought you were against H1B itself as your name suggest.
Second, the H4EAD was created for people like me who are stuck in Green Card loop. Year over year we are waiting for Green Card but it’s not handed over. Because the backlog for GC is so bad and long. In the meanwhile the spouses are wasting their talent away by not utilizing the skills they have acquired. A person who wants to do honest days work would you deny that person? What if they become frustrated and turn to the wrong side, perhaps commit a crime… don’t say an empty mind is a devils workshop….
So to help those spouses who cannot work because their husbands/other half is stuck in GC backlog, on humanitarian ground Obama created a rescue for such wives…
I completely agree that H1B has been abused and we should look at ways of stopping that abuse but how can you make sure you are not punishing the innocent people… ? Apply blanket rule like “ stop H1-B “ without providing alternative will not only hurt honest people like me but American economy as well (to be honest I’m paying 121k as taxes and without even getting the benefits of social security). And I don’t have any complains about it..
And when I have denied that Americans have not done great in the field of science and tech? I take pride in saying that I live in a country of brave men which has shown the world how to lead… all the great companies were established by Americans… JP Morgan, Carnegie, Vanderbilt, Rothschild, Washington, they are the founding father of this economy.., Bill Gates, Jeff Bezos…and other in modern times have established empires like never before… But that doesn’t take anything away from Indians… we have contributed our heart and Soul to this country. Not trying to be arrogant but Indians in America should be considered as model citizens… we never have criminal record, we don’t do drugs, we pay our taxes, we do charity, we participate in uplifment of society… And yet there is a feeling that we are bad people here…
I Agree that H1B has been abused by few and there should be crackdown on that.. which btw DHS already does… but you cannot put everyone in same basket…
And where you question 60k testing job is concerned. Today I took an interview for a guy for starter position… the pay is about $74 and hour. An Indian guy interviewed who had stellar resume and good recommendation. But I rejected him… not because he was cheap… I felt he didn’t have what it takes to get the job done… so when I try to find good candidates I don’t go looking for wheather he is cheap or not… the salary negotiation happens right at the end… one must pass the minimum bar…
We have been looking for candidates for last 4 weeks now.. haven’t gotten a single American resume… we always give preference… but where are the guys who want to do that job… ?
And mark my words if we don’t find anyone in next 4 weeks this job will actually be outsourced to India for even cheaper pay… and US won’t even see a dime of that tax…
And I fully empathize with you… yes I’m willing to train anyone who has some short coming….
My manager is an American and he understands the situation… A company as big as Apple and Google… wants to move quickly… but we are so short handed.. There are enough jobs I can tell you… not enough good guys…
@Sandeep – Yes, as I mentioned, anger is against misuse of the system. I do not know how an educated high earning person like you can have a narrow view. But let me write something about what pisses me off the most. You all claim that you pay taxes, are not criminals, contribute to the economy etc.
My friend – Do you have any option? If you pay taxes, don’t you get back good roads/infrastructure/parks etc. All govt facilities are at your disposal as any American. So stop this BS that we pay taxes so we should be here.
Creating H4 channel was wrong by Obama. Already H1 system is there to fill skill gap. If spouse is talented and is passionate about work, such families should consider going back too. Don’t you have good opportunities back in India. I am tired of hearing such lame excuses that talent is getting wasted. You can channelize talent in right way if you want. Apply for H1B. How will you answer such cases where spouses have given up H1B to get H4 as it is more flexible?
What about our kids who do not get job and have huge student loan? Whose chances are more to turn out criminals? H1B average salary is almost 100K already. Now you want to add 100K more through H4. Is this justified?
If a GC is in a process, it is a process. If you are so frustrated by long processing times, you are free to consider other options. If you make 400k here, you can have a good life anywhere else too. Why you all blame the system? This is our system. We like it like this.
Regarding jobs going to India/outsourcing – Don’t you think America survived without those tax contributions so far. Outsourcing is not new. It exists for a long time now.
I completely agree with you on one thing. There is no blanket rule. But think this – you come here to work, get paid and have a good life. We progressed because we did not have that skill set at first place. It was all transparent. And then, abuse of this process started by you all. And then, you crib about blanket rule be imposed. Why my tax money should go towards segregating right folks from wrong ones?
I hope you get your GC soon, and if you become loyal to this country, you will understand the pain.
@EndH1H4 I am not going to sit here and support any wrong doing done by selective people by misusing the system. They make it hard for all of us and it sucks. I even understand your frustration that you opened doors for someone and few of them came and exploited the system. I understand you want to protect your family but on same note I need to protect my family. I stand by all those who oppose misuse not matter what background they are from. But I don’t support stereotype messages towards race or derogatory messages toward woman like some people do that here.
I work at an executive level position for one of the top management consulting firm, graduated from top US school and waiting for my GC for last 9 years. My wife graduated from good school in Canada and moved to US. Everything in my life is ligit and by the law. But still I have to go through the pain of this flawed immigration system. I don’t mind paying my dues and waiting but while I am waiting why would my spouse suffer of staying home why she won’t have right to work when we both are prospect US citizen in future. 9 years is a long time. Why no compassion for someone who is in line to be fellow citizen ?
I have full respect for this country as it gave me great career and beautiful life. I don’t think American’s lack talent either. But it can’t be for you to win, I have to lose or other way round. I mean no disrespect to you in any way and happy to work for common good. But I don’t support H4EAD revoke as it is unfair.
Although I agree that some people have abused the system. And they should be cracked down upon. But know that it will hurt the real talent. Know that CEOs of top tech company came on H1B as well. There wouldn’t have been Silicon Valley without us. I’m not trying to be arrogant. Just stating the facts.
And talk about stagnation… I know people including me who started at a humble salary of 65k a year and now at 250k a year. A house in Silicon Valley. Please try to buy a house in CA and tell me the market is stagnant…
@Leo I’m in Silicon Valley and I own a home here. Good for you that you were making more than my wife and I combined. You lost half of your income because of H4EAD? How so? How was your high paying job replaced by an H4 worker? No show off here just telling you the facts.
you are funny. Tell me about your first job.How u faked your resume when u got in ? How u faked 7 years exp for H1B ? Chutiya banana chod de. Its time for this drama to end. Silicon Valley was there before us and will be after us.
@Sandeep
Don’t show off you tiny number in US. Come to Silicon Valley see how expensive the houses are, and you will figure out how much we are making.
I was making more than you couple’s income combined. After Obama (listened to FB ceo) created H4EAD, my income got half cut.
Now I can claim what I supposed to get thanks to DHS chief.
reporth1babuse@uscis.dhs.gov
@Leo1 I’m in Silicon Valley and I own a home here. Good for you that you were making more than my wife and I combined. You lost half of your income because of H4EAD? How so? How was your high paying job replaced by an H4 worker? No show off here just telling you the facts.
You are so naive, too new to our biz. You can never know and aren’t able to do what I am doing.
No h1b or H4EAD can replace me.
They are hurting my biz income that’s why I spend so much effort to abolish them.
Got it ?
Too much information (TMI)
Oh So there you go Contradicting yourself. Then how is H1B of any problem to you or anyone. That’s what I meant when I said if you have real talent no one can replace you. So the very argument that H1B is taking away American jobs is a big BS. And Don’t you compare your salary through a biz with a salaried employee. There are H1B who are making much more than you ever will. Case in point CEO of Google or MS or numerous other companies. Do you think Google is not helping America’s economy? Elon Musk was an H1B and now he is the most celebrated Enterprenaur in the history of America. So stop giving you hollow arguments that immigrants are taking away jobs. We are creating an entirely new industry…
And you still haven’t answered btw how H4 EAD caused you to lose your income…
Just don’t post for argument sake… Facts only.. please!
Leo1
You should read this paper which clearly states that H1B are more expensive to hire and a company spends more money on them than the native counter parts
https://nfap.com/wp-content/uploads/2018/04/H-1B-Visas-By-The-Number-FY-2017.NFAP-Policy-Brief.April-2018.pdf
So say all you want but it ain’t going to change the fact that H1B decreases income. I’m sorry that your income reduced but that’s probably because your skills were outdated or your biz product that you make might not be relevant any more.
May be you need to hire few H1Bs to turn your biz around ??
@Leo H1 and H4 don’t work on mowing lawns so not sure how it impacts your so called Biz. ????
@Leo your logic and facts are like you, total fake. Don’t tell us we don’t get your business. Unless you were doing something shady, there is no way H4EAD can disrupt your business. Stop bragging, it is evident what you are capable off. Probably got fired for not doing decent job at low end IT job and was replaced by talented H4EAD. Stop bragging your fake business.
As an Indian I voted for Trump .People who don’t respect USA and want to abuse it needs to go.Ban H4
First of all Sandeep in Usa it’s is a general etiquette not to discuss about salary . It’s not India that you will brag about your earning. Second question no need to say what you own here. Simple in USA first preference is gc holders and us citizen does not matter how much you earn . There are many corrupt business man in the world who will buy your entire family in a second will not get American citizenship ok. H4ead will end and wage level of H1B will go up. Harsh reality but true . Consider me as a neutral person since I am planning to go back.
First of Kumar. In USA or in California it is the law to discuss salary. It’s not impolite to discuss it. This very discussion we are having about is that H1B are taking low wages. So I’m proving a point that I’m H1B and my wage is not less by any stretch of your imagination. This discussion was not to brag about it but was to defend the very allegation made. You going back to India??? Good for you. Most of the things you said in your comment didn’t make any sense. If there are rich business man in the work who can buy my entire family but won’t get GC?? Not sure what you mean but there is something called EB5 which means investment visa. So the very rich business family you are talking about can get Visa here. Your facts are “fake news” just like your profile is fake as You
I
I was really shocked when I read many of the comments posted here . People here are either ignorant or they know the facts but they don’t want to acknowledge it.
1)H4 EAD is not even 0.056% of the total work force.
2)Highest paid jobs are limited to GC holder and US citizen
3)Most of the jobs opening are strictly for non visa holder
4)Fake resumes can be used by anyone don’t only blame H4 EAD.
5) No one is stealing job from anyone if you can’t compete with these people who had gaps in the jobs and still trying their best to start their life blame yourself.
The unfortunate things is not all Indians are united for this case we should learn from DACA case.
I have many colleagues who are on H4 EAD they are working really hard and they honestly spoke about the gaps in their resume.
Well if you can’t say any good thing at least be courteous and I am hopeful that how the court has tackled DACA case they will surely give a chance to H4 EAD too.
All the best and please don’t listen to these negative things they are not worth your time.
And all h1b holders , opt , L1B all the best for your extension too. Hopefully someday we can agree that it is better to be united than being divided on these cases at the end of the day we all are trying our best to do our work and contributing to the economy.
And no one is denying the fact that American should be given first priority and which is fair and it is their right. So instead of fighting start respecting each other life is so short for these things.
Lolz SAM is an Indian
Thanks for your concern Leo but I am a GC holder and waiting for my citizenship. And I stay in Sillicon valley but your facts are misleading I agree majority are Indians in IT but they won’t be more than 50% in the total workflow.
Lolz Ana you are a green card holder, and than you are supporting visas are you not scared to lose your job?
50% in Silicon Valley? you kidding right,
Look at Apple, Walmart… blocks of buildings in Sunnyvale: 94% of them are Indian.
https://www.google.com/amp/www.timesnownews.com/amp/international/article/indians-us-silicon-valley-seattle-40-per-cent-indian-immigrants-microsoft-amazon-boeing-it-professionals-h-1b-visas/189987
your facts are not accurate. In Bay Area 71 percent of total people working in technology are foreign born(mostly Asians). So I don’t how you are telling 90% of them are Indians. And for all other people stay in peace and harmony and God bless you all.
94% … very accurate !!!
73.2% of all stats is made up
It says Silicon Valley is overly dependent, 70 percent, on foreign tech workers in IT occupation, the report in The Seattle Times said.
But this number is from the company itself (like apple, cisco, ebay, google..).
The number doesn’t include the consultants sent to the client sites (like apple, cisco, ebay, google..) from Infosys, TCS or some smaller ones (like BayOne, eSolutions…). Company itself don’t have these numbers as which contractors are H1b or citizens.
You can count the Indians by randomly go to each buildings. More than 90% of them are Indians.
@Ann
I respect your opinion. I had the same feeling.
@Leo as Ann said ….no one is denying the fact that American should be given first priority and which is fair and it is your right. So instead of fighting start respecting each other.
The one who are really interested to work in this country are still open to apply for H1 .
Yes they can apply for h1b or
L1b but instead of blaming others, can’t we all stay together and support and start appreciating each other. Why we are so mean to each other in this platform. Telling some one to pack their bags and going back is not at all appreciated.
Yes, Gofor H1B. why h4EAD……
@Ana:
Please see the responses for your analysis
1)H4 EAD is not even 0.056% of the total work force.
is taking away nearly 90000 jobs of americans. Most of them are primary house hold jobs.
2)Highest paid jobs are limited to GC holder and US citizen.
this is a myth, h1 and h4EAD are playing major roles with high recommendations.
4)Fake resumes can be used by anyone don’t only blame H4 EAD.
maximum by h4ead.
5) No one is stealing job from anyone if you can’t compete with these people who had gaps in the jobs and still trying their best to start their life blame yourself.
Person does not have experience is talking about competing. husband on h1 in contract in one company. spouse with h4ead enters in the same company as a full time resource(with recommendation).
h4 ead work permit has to be taken away. spouce having 2nd job at home with h4 ead. but here basic primary job holder is losing job because of them.
Even if you make fake resumes, you will not stay in the job for too long. You will be kicked out in no time. So stop crying about fake resumes.
Sam I think you need to shut up and get life. You pea size brain can’t type more than that. I wonder why you don’t have a job. I won’t hire you if you are last person on this planet.
@Ana – Let me put some thoughts across so you can understand why we are against H4 and H1B –
1)H4 EAD is not even 0.056% of the total work force.
Why should we even give 1 job out, forget 0.056%? We want to ‘buy American, Hire American’. If required, we need to train our workforce.
2)Highest paid jobs are limited to GC holder and US citizen
It is a myth. You can negotiate whatever you want if you have right skill set. There can be no discrimination based on visa status. If you have any facts, report that company to appropriate authorities.
3)Most of the jobs opening are strictly for non visa holder
Yes. Why should we open any job to outsiders? And to let you know, companies who do not want to deal with legal/visa issues, have job openings strictly for GC/US Citizens.
4)Fake resumes can be used by anyone don’t only blame H4 EAD.
So at least you agree that H4 EAD folks use fake resume. Don’t you know that those fake resumes are created by body shops, interviewed by their own people, and at every level their is a cut. We do not want to open our jobs to H1/H 4 EAD. Period.
5) No one is stealing job from anyone if you can’t compete with these people who had gaps in the jobs and still trying their best to start their life blame yourself.
Why should I let somebody steal from my country at first place? And why should I compete with Indians for that matter? You all misuse the system, abuse it and asking us to blame ourselves. Ridiculous.
H4 folks came as dependent on H1. They knew it from first day when they landed on American soil. If they were so passionate about utilizing their skill set, why you have not contributed to your own country India? It is time for USCIS to change system, and they are doing a good job!
Hire American buy American, is such a BS. You only care about your selfish gain. Everything you use is exported from China. You won’t pay dime extra for American products. Companies didn’t move manufacturing to China had they have market for US products. So your double standards speaks for it self. To all those that are celebrating H4EAD revoke, your incompetency is not taking you anywhere. And H4EAD will continue to move find their path. As to revoking H1, good luck with that. It is not going anywhere. We are here to stay and you can cry all you want. You want immigrats to leave, first make all American corporates stop exploiting developing markets. You want them to sell stuff in every part of the world because that is competition but you want to protect your jobs. Total double standards.
H4 EAD has ended!!
https://www.firstpost.com/world/h4-ead-uscis-chief-confirms-its-end-of-the-road-for-h4-work-permits-tighter-rules-on-h1b-payscales-coming-soon-4443247.html
https://timesofindia.indiatimes.com/india/startup-visas-work-permits-for-spouses-of-h-1b-visa-holders-to-go/articleshow/63900821.cms
Under DHS’s new rule: A computer programmer would not automatically be considered as a ‘speciality’ occupation eligible for an H-1B visa.
Thus all of the already-approved GC petittions will be reviewed and most of them will be disqualified and removed from GC waiting list.
So DHS has resolved the issue: more than 10 years GC backlog for Indian citizens.
H4EADs please don’t use GC backlog to bribe your congressmen, otherwise we will report you to:
reporth1babuse@uscis.dhs.gov
Great NEWS
@Sam…its time to celebrate.
is this news official? Is it there on USCIS website?
Will they cancel existing H4 ead’s with validity into say couple of years in future?
No. you can use them all, transfer your work to citizens completely, and end it with good terms.
Hope you can migrate to H1b.
I am on F1 Stem Opt. Last attempt of H1b and haven’t received any update on it yet. Wondering whether I should cos to H4 and apply for an EAD. Perhaps it’s too late for it.
You can apply for h4 EAD
The one who has H4 EAD no need to pay taxes as much as H1 people are paying. H4 EAD persons can stay without job and no need to pay taxes.
H4 EAD people can work with any employer like a citizen But for H1 people this is a big challenge changing employer /transferring to a client and that to H1’s have to pay more taxes during this process.
H4 EAD people can work on any payroll not like H1.
H1 people has to maintain certain payroll basis to work in this country not less than XX… bugs…
I think this is the reason most of the companies/etc.. are giving more preference to H4 EAD than H1 and H1 people are having less opportunities compared to H4 EAD.
I am not against to H4 EAD but I would say rules should be favor to H1 also.
Finally, we are one step closer to revoke H4 EAD. Hope this happens soon and Americans can get back to work in IT area!
Next step is to end H1B!
Thumps up
No one are fools here this is just a place where we can share our thoughts . World is not small and it is not something our life ends if there is no H1 / H4 /….. We do have lot of option because this is life and it is society, we are part of it.
Dear friends,
First of all why do you think H1 and H4 causing job loss. Just go to any store and 98% of products are made outside of USA. Why not Americans buy made in USA products if you are a true american and concerned about American jobs.
Bring manufacturing to USA then jobs will come automatically.
If you remove H1/H4, the IT jobs will move to offshore as it is the most easiest job to outsource and Americans will even loose more jobs.
100% true. I agree with you.
Due to nature of IT work, IT development work cannot be outsourced, only QA maybe. In 2003 period we have experimented it.
People who are worried about H-4 EAD are worrying about the wrong thing. If the main H-1B will now be denied, the H-4 becomes moot, even if I-140 has been approved.
H-1B will now be denied for the following situation:
1. Ordinary IT jobs such as DBA, software engineer, computer programmer, QA etc.
2. Any H-1b working through staffing companies.
All I-140 approved petitions will have to return to their country to wait many years for an available number. Siblings of U.S. citizens with approved immigrant petitions already have to wait many years abroad for an available number.
Waiting abroad for an available number is not a new concept.
100% true. I agree with you.
H4 ead will be removed from employment authorization. There will be more opportunities for Americans.
https://www.judiciary.senate.gov/imo/media/doc/2018-04-04%20USCIS%20to%20CEG%20-%20Buy%20America%2C%20Hire%20America%20update.pdf
It is still in Proposal state, nothing confirmed as of today.
You are in denial if you read this and still think there is any hope H4 EAD will not be completely revoked.
https://www.firstpost.com/world/h4-ead-uscis-chief-confirms-its-end-of-the-road-for-h4-work-permits-tighter-rules-on-h1b-payscales-coming-soon-4443247.html
H4 EAD: USCIS chief signals it’s end of the road for H4 work permits; tighter rules on H1B payscales coming soon
H4-EAD program will be going to stay but be prepare for some significant changes, I’m expecting an implementation of some merit-based rule here as well like Master’s Degree, Previous Work Exp, Minimum Salary Expectations etc. If you qualify, you can retain your EAD. H4-EAD will no longer be a work-permit to work at Walmart or drive Uber.
I am on H4 EAD and working as a DBA. I don’t think anybody is jealous or insecure of H4 EAD.
As an American, Someone would expect of getting high priority in their country than anyone else from a different country who are here for their jobs. We should appreciate this country for giving us chance to explore in our careers. What can one do when unlimited people are immigrating and taking the priorities of the citizens. We should stop fighting among ourselves. The Govt should work on giving equal opportunity to everyone.
Before removing H4 EAD Government should consider the following steps.
-> Remove U.S Green card lottery (Diversity Visa) -> GC is given to some countries randomly in lottery instead of considering their qualification and see how useful are these people for the country ( Trump wants this to be removed too).
-> H1 and H4 EAD people pay a lot of taxes( Even in H1 and H4 only most qualified and eligible people has jobs. People who are not much talented they don’t get jobs that easily. After struggling for many years they finally go back to their country.
-> After American citizens , Talented H1 and Foreign Students to be considered for some jobs and H4 EAD.
->Companies should make a priority list. If a Company has no citizen/H1/grad student then they can select a H4 EAD candidate. I can see the companies already taking steps that consider citizens first for any job which is right according to me because this is their country and they don’t have any other option than leaving to some other country to work which is not good.
@Leo I can’t even say you are naive. There is no excuse to behavior that show lack of good sense. And yes if you are threaten by newly working force H4EAD you are low level IT guy. Simple logic you been working for years and you are job can be replaced by some one as you have said don’t have much experience. As to me you are lightening years far to even comprehend what I do. You racist, sexist and that proves your level of intellect.
@Leo losers like you need “us” as you can’t stand alone. Read the messsage again I said you are incompetent. And why don’t you share the information you are asking.
You are not stupid time. If you gave me all those details you what I am going to do.
Report to:
reporth1babuse@uscis.dhs.gov
It’s been working perfectly.
Hi…I don’t think any one is losers..everyone has their own potential…h4 ead is ready to work on very low payment..that’s why lot of ppl r losing der job…n it’s true America need specialized workers…n why we Indians go to America is bad we need money…better to respect each other than abusing 🙂
A careful reading of the USCIS response – “the public will be given an opportunity to provide feedback during a notice and comment period” – suggests the writing is on the wall for H4 work permits. Proposed rules have a typical 60 day notice period for comment before they get cast in stone.
https://www.uscis.gov/sites/default/files/files/nativedocuments/Employment_Authorization_for_Certain_H-4_Nonimmigrants_-_Representative_Eshoo.pdf
H4 EAD news April 19, 2018 – In a letter to 15 US lawmakers, USCIS chief Francis Cissna indicated that the new administration wants to revoke H4 EAD work permits for more than 100,000 spouses of H1B visa holders. When lawmakers requested the new administration to reconsider its plan to revoke H4 EAD, Cissna responded with a crisp one-pager. A careful reading of the USCIS response – “the public will be given an opportunity to provide feedback during a notice and comment period” suggests the time for revoking H4 work permits is close.
Congressmen requested DHS to reconsider the revocation of H4EAD, and Secretary Nielsen disregarded them. Instead she had her assistant wrote a short message to these congressmen that we will collect your feedback during notice and comment period, and we won’t reconsider the revocation.
What a strong signal, I like her already.
H4EAD is toasted.
Hope H1 is next…………
@Leo H4EAD might get revoked but that will not make any difference in the life of low esteem, talentless people. H4EAD will find another way to get legal prospects. But that won’t make firm hire substandard people. Keep dreaming as this group of people is very resilient.
Jose don’t worry we are not going anywhere. And only loser here are you and your fellow people who are incompetent and rely social welfare. We are still thriving, H4EAD revoke doesn’t change anything.
Not only American due to h4 ead h1 ppl position also getting sacked. One of my friend company asked him to go back to India n his position is replaced with an h4 ead as the payment is less for h4 ead than h1b
^ In today’s episode of things which never happened.
You should write anonymous email to reporth1babuse@uscis.dhs.gov giving name, address of H4EAD woman and your story.. DHS will revoke all H4EAD card.
REMEMBER: reporth1babuse@uscis.dhs.gov
@Leo you live in your delusional world where your email is the only thing DHS is waiting for. Your emails only go in trash box. You think these big corporates are not going to protect their employees and their credibility. Rather than wasting time on hoax threats go get some skills and you might be able to get low end IT jobs you so much wanted protect.
I bet that Indian body shop don’t follow rules , don’t pay their employees . Just report to USCIS .. so they will close that company
“I’ve paid a body shop 3 times to file my H1b to be able to go to Amreeka and be eligible for a handsome dowry like my other loser friends but my application is not getting picked up in the lottery. To add to my chagrin: here are my fellow desis who get an EAD just by being ahead of me in the line for PR? OMG OMG. I’m going to pretend to be a gora and abuse those people just because I’m a loser who can do nothing else but to write in extremely poor English about how I am an American and I lost my job which I never had in the first place.”
– Every loser here in this forum sitting in Hyderabad, watching his dollar dreams going down the drain.
There is no dollar dreams buddy . Paying a company for H1b is illegal. Report the company to USCIS
Did you even read what I wrote ‘buddy’?
What is wrong in that? Will you not be insecure if some people from other country come and snatch your job. If the world is so global in nature, then why define countries.
And from where you got this in your head that an American having a different opinion then yours is not talented or qualified as you are?
Do you forget that you came so far in search of job through a system set up by our country. When you start misusing it, we will be jealous and want all of you to go back.
Trump rules and is cleaning up the mess left behind by Obama.
That is really funny, thanks for sharing that joke….
Obama is known to be the worst president in recent years. He took money donations from Zuckerberg to his fundings, in return he signed H4EAD.
That’s why you see a strange scene in SV companies: half of Indian is women.
Note: I’m Not Generalizing All The American People, But A Lot Of Them Who Filed The Case Are Of Such Nature.
It’s all the insecurity and jealousy of Americans, they filed a case against the H4 EAD rule because they’re not talented enough to compete with us and just want to remove us from competition, making it easy for them to get jobs they’re not good at. It’s difficult for them because we are highly qualified and better at the jobs than they are.
you are so full of your self, aren’t you?
@Jay interestingly you only show up when immigrant voice their opinion. Tough reality for you.
What is wrong in that? Will you not be insecure if some people from other country come and snatch your job. If the world is so global in nature, then why define countries.
And from where you got this in your head that an American having a different opinion then yours is not talented or qualified as you are?
Do you forget that you came so far in search of job through a system set up by our country. When you start misusing it, we will be jealous and want all of you to go back.
honestly… uscis need to scrutinize h1bs who already got converted to GC/Citz… they were real culprits, who opened back door channels for their kickbacks, corruption and fraud based lobbism.. trillions of deals of hardware, rather software (including software support) deals are one of the largest fraud ever happened to… … software jobs that Americans can even better hands on them are given to h1b.. bllschet… this is a deliberate act of killing Americans.
Does anyone know how many H4EAD has been issued ?
The last number is about 100K up to July 2017.
Sad, so many Americans lost jobs.
I believe it exceeds 200k now. I saw more and more Indian women working in Silicon Valley big companies. At lunch time they sit together eating their home-made sticnky watery food with their right hands.
Company CEOs should kick them out if they see them.
@Leo you each message with racist attack and derogatory comments on women and others only proves your frustration with your life and your insignificance to this society. You need serious help, get your self checked and hope your doctor is not an immigrant woman doctor. ???
if you had focused so much on your career as you are focusing on the women eating stinky watery food, you wouldnt have to worry about people taking your jobs.
@4th time Love that comment, of course Leo doesn’t have many skills to contribute in any other way.
@Leo, Hope you need to get treated as you don’t have the right to comment on race. EAD is not only for women lot of men also can have it. My spouse got EAD last month and also job this week. will start to work from next month, that is the commitment and zeal to get what they need. You simply keep passing comments on others and waste your time. I pitty you.
This comment section is an atrocity, seriously; this copy-pasta is worst than what they do on Breitbart. Whatever has to happen, will happen- there is no point fighting here because it’s in the hands of none of you armchair right-wing activists and economists. I know a bunch of people on H4EAD who work exceptionally hard and with double the vigor that their co-workers do. These are good people who are waiting to get Permanent Residency and there is no reason that they should not be given an opportunity to work here. Indian immigrants are some of the best that there are around the world. They are hard-working, law-abiding people with exceptionally low crime rates. So I just want to tell my sisters and brothers on H4EAD to not lose hope and to not listen to these vile, poisonous people who tell you that you are not worth your salt. Take care, God bless and avoid this comment section like the plague.
how does it matter with copy-paste. Stop whining and reply if you have the words. One advice, “grow up”
Loved your comment. Finally some sensible comment by someone. God bless you.
H1B abuse is real. Anybody working in IT knows it and the many first-hand comments on this page show that.
An H1B visa is not a family visa. It is a visa for one person for one job. H1B is not a passage way to a green card. If H1B visa applicants do not understand that then maybe they need to better educated. Abuse of the system by large Indian outsourcing companies should not change make us question our laws – it should make us enforce our laws. Unfortunately the tech lobby is very strong in preventing that.
The simplest solution would be to limit H1B to Masters degree and above of fully accredited foreign universities. That would prevent half of the abuse (as already described in several comments).
Second, once approved for a green card the applicants enter into the quota system for green cards and the long waiting period is a simple result of Indian applicants outnumbering the quotas for India – nothing else. This has been in place for decades. Mexicans have no chance of receiving a green card once approved for example, approved applicants from Lithuania, Germany, or Namibia on the other hands just wait 1-2 years. The quotas are set to keep the immigration pool into the US diverse. What is wrong with that? The issue now arises since Indians far outnumber their allotted quota due to the H1B abuse.
Again, change the program, help skilled US labor, and in turn those approved for green cards from India will wait a reasonable amount of time as they did before.
No country can have more than 7% of yearly quota. If like you say, every corner of our soil would see Indians. It’s like INDIA invading our soil.
You can dream for it day and night.
@Leo Don’t worry unlike you we know how to fulfill our dreams. Few of you can’t dictate our destiny. Keep crying.
@Leo your frustration and language proves we are doing something right. Keep cussing and we will keep excelling. We are just getting started and you will not be able to stop immigrants excelling and pursuing dreams.
Admin please read Leo’s message explain why aren’t they deleted yet.
@H4EAD – By getting really good at begging?
that 7% rule is very logical. Of course a tiny country in middle east or africa deserves same number of GC applications as larger countries like India and China. It doesnt matter whether they are qualified or not.
Oh.. and dont forget doors are open for them through diversity visa as well. Where unknown people from high risk countries can get in directly on green cards and take away all the jobs… but who cares.. because F..k logic.
Well who are you to ask? you are not a citizen and you dont belong here. If you dont think its fair, no one is stopping you to leave.