H4 EAD Rule Removal and Lawsuit Updates - Latest News

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

In H4 Visa by SaurabhUpdated : 2952 Comments

H4 EAD News Update Today : May 27th, 2020,  No new update from court since Save Jobs submitted a response on Injunction request. Check below court case section for details. 

We have divided topics and summarised the latest updates on the top for easy review. If you need to additional details, check history, background, predictions and detail updates, scroll down and review timeline for all updates, opinions, FAQs.

Latest H4 EAD News Updates, Summary :

Below is the most recent H4 EAD News on various fronts

  • H4 EAD Rule Removal – Rule-making Process  :

    • May 27th 2020:  No new update. Nothing changed in May until now, including all of 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 You can check current Status on Reginfo.gov  for pending rule. 
    • March 30th, 2020 : Nothing happend in March with Rule making. to remove H4 EAD. There was nothing in Feb and Jan 2020.  It has been stuck with OMB. The original planned NPRM date for H4 EAD rule removal was in March 2020, but with the coronavirus situation, nothing moved. 
    • November 21st, 2019 :  H4 EAD rule removal continues to be part of the Fall 2019 Regulatory Agenda.  It is mentioned with a NPRM date of March 2020, which is in-line with the DHS info given as part of the lawsuit.  No changes are done to the H4 EAD rule yet. Being part of the regulatory agenda just means that it is still a priority for DHS, nothing more than that. Indian media and other media create hype and write lot of misleading information confusing everyone and creating panic, do not fall for that. Nothing has been done.  This rule has been on every regulatory agenda since Spring 2018, so nothing to panic…still long way to go.  You can check out the full details at : Fall 2019 Regulatory Agenda – H4 EAD, H1B, F1, USCIS changes  . Below is the date of march 2020 Fall 2019 Agenda item for H4 EAD rule removal
    • November 13th, 2019 : The Reginfo.gov website has a new update on the rule revoke, where Infosys has scheduled a meeting with OMB. This is part of the standard process to hear from stakeholders on the rule changes. See below and check Reginfo.gov H4 EAD rule revoke - meeting with Infosys - Nov-13-2019
    • November 8th, 2019 : No new update in H4 EAD rule removal yet in October, it is still in the same state as before, pending with USCIS. There was nothing in September as well.
      •  Previous update, include a document tied to the May 1st meeting was posted on the OMB meetings page for the rule.  All it tells is that H4 removal will impact many and should not be removed. It is by few advocacy groups. See below.  They have the H4 rule in pending state for a very long time, they only cleared H1B Registration Fee rule few weeks back 
    • H4 EAD Rule Removal Status – OMB : On June 20th, H4 EAD rule removal hit 90 + 30 days, which is general timeline, but nothing came out. One key thing is that, if the head of the rulemaking agency wants, the review period can be extended indefinitely and there is no timeline. See below screenshot. Check EO 12866 FAQs.   Check below timeline for more history. EO 12866 OMB Rule Review - How long can they take
    • ( Unofficial – June  20,2019 ) There was a tweet by one of the attorney’s attending AILA Annual conference saying that the economic analysis was wrong and Govt is trying to fix that and there is no estimated time on the same. You can check tweet 
  • H4 EAD Lawsuit in Court:

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

    • May 18th, 2020 : No new general news on H4 EAD in May, April, March,  February or  January 2020. Now with COVID situation, the biometrics are suspended and the case statuses are in Limbo for H4 and H4 EAD holders… There are lawsuits on the biometrics requirements as well.  
    • Dec 30th, 2019 : No general H4 EAD news in December yet. Nothing in November, October and September.  Below are some general updates from previous months.
      • H4 EAD Processing time Delays Lawsuits : Since June 2019, Immigration Law firms like RN Law firm in Houston, TX have been filing H4 EAD delays lawsuits every couple of weeks…there were multiple H4 EAD delays lawsuits filed by many individuals stating that H4 EAD adjudication delays with New H4 Biometrics Process is causing hardships for them due to the USCIS delays. You can check Summary of H4 EAD Processing Delays Lawsuit.
    • H4 EAD Protection act Bill re-introduced : Rep Eshoo re-introduced H4 EAD protection act bill in House in May, and it is in sub-committee for review as of June 2019. All details at H4 EAD Employee Protection act Reintroduced 2019

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

This article covers below aspects:

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

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

Background of H4 visa EAD Rule :

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

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

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

What’s the H4 EAD Lawsuit ?

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

H4 EAD & Trump Administration Timeline, Latest News :  

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

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

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

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

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

Video Summary on First Brief with Immigration Voice and Others :

Video Summary on Second Brief with Immigration Voice Only :

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

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

What is the H4 EAD Removal Estimated Timeline, Predictions ?

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

Common H4 EAD Rule Removal FAQs 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It all started with a lawsuit by ‘Save Jobs USA’, that questioned the authority of DHS to grant EADs for H4. After Trump administration took office, they took charge of the lawsuit, took time, delayed the process and finally aligned to remove H4 EAD rule in line with Executive Order of Trump Buy American, Hire American. They made an item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” , as part of Spring 2018, Fall 2018, Spring 2019 and Fall Regulatory Agendas  indicating their intent to remove the rule and communicated the same to Court in the lawsuit hearings.

Many attempts were made in the meantime by Members of Congress, Many other groups including CEOs of companies, writing letters to USCIS to re-consider and not remove H4 EAD and the hardships it will create to many, but all of them were politely replied saying their intent is to align with Trump’s Executive order priorities and public will get chance to put in their comments during rule removal process.  USCIS has been delaying this as they know they have to be very thorough to submit to OMB and then to public. The last official update is that H4 EAD rule removal was sent to OMB for review on Feb 20, 2019 and many meetings were held after that as well. By June 20th, 2019 OMB has exceeded their 90 Days + 30 days limit. The reality is that, if the agency head wants to extend it, they can do it for as long as they want. It has been like and the planned date for NPRM is March 2020 by DHS.

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

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

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

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

References :


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Comments ( 2,952 )

  1. H4EAD Lover

    If He wins, i will have my H4EAD. wow!!!!


    22-year-old Indian-American running for California governor

  2. Anonymous

    I am from India on a H1b visa.
    My wife was also on a H1b but unfortunately her extension was denied after double RFE. her luck.
    she left country immediately without a valid i94 and came back on H4. she doesn’t have a H4ead as my GC has not started yet. And I don’t mind that.

    Here is some truth guys, get ready:
    Everyday she gets call from around 5-10 employers, and they all want H4-ead only, so they can pay 70-80 grand, without any visa hassle and any lawyer or filing expenses. Not even a GC holder as they need to pay a higher salary of 100k+

    TRUMP’s policies are truly on the right path and will benefit citizens even if they are naturalized from other countries. good for Americans, I decided to suck it up and move on.
    h1b is not extraordinary or specialty except for a handful for sure.
    H4-EAD folks, most of you don’t deserve the job. truth hurts, and no you are not all qualified, stop saying u are helping American economy, no you are not. please invest in US economy and enroll in colleges and stop whining. your extraordinary husband will lose a job to a H4-ead holder otherwise. goodluck

    1. Anonymous Brother Autonomous

      Looks like all your words are coming from your heart….you are straight and correct…

    2. Sushmith

      Mr Anonymous -> Your experience does not constitute entire H4 EAD workforce. I believe it is important to separate sentiments from facts. I am sure there is H4 abuse, which needs to be fixed. But at the same time, there are also people who don’t abuse. I believe there should be an stronger vetting process till the time immigration system is fixed. Denying H4 work permit all together is not the solution. More over such a solution is indirectly targeting Chinese and Indians only. L1/F1/J1/Non Indian-Chinese H1 dependents are not affected in anyway.

      Also please research macro data. Indians are just 1% percent of entire US population. And out of this 1%, you can imagine how many H4 EAD’s or H1. What essentially people are sayings in Indians are taking away jobs. Its funny as there is no data what so ever. This is all political game. Nothing is going to happen. H4 EAD is here to stay. There would be changes, strong vetting process, which is good. But people who are genuine need not worry.

      1. Ash


        Above is my reference for my numbers….Please feel free to cross check if you want…

        Based on BLS Report, there are 8.9 mil STEM jobs out of which 3.9 mil are computer related jobs as of May 2015..From 2009 to 2015, avg job growth in STEM field is 10.5% and if we use that to estimate increase in computer related jobs it will be 409,500 (10.5% of 3.9 mil)….we both knew that majority of Indians/Chinese are in the IT field….now check the total H4EAD’s, F1 students and new H1B’s issued every year entering the job market and you will understand the true impact of these work visas and the increase in competition an American graduate will face…

        So it’s not just the % of Indians in total population that matters….also the argument that H4EAD’s supporting US economy will be of no use as some American will be working in that position and he/she will pay taxes…

        1. Stats

          Sounds like you was a Prof of statistics in your last birth that’s why you had been achieving the opportunity to post some statistical data on immigration during this birth….

      2. Anonymous

        sentiments huh. You really must be from Lala Land talking about data from ‘who cares’ database and stats and more stats. speak volumes about your inability to get a job based on your actual skill set by sticking up for H4ead. its just sad. don’t start lying now, you don’t work for Microsoft and you don’t make160k.
        I just gave real stats. my spouse is still getting up to 10 employers calling almost everyday offering a job and first question being – are you a H4ead holder. not GC not citizen not anything else, but h4ead. what more stats you need?
        my son goes to a renowned and quality corporate daycare/school. 2017 Jan, out of 14 member staff. 1 Indian (h4ead, remaining 13 were mexican, whites, blacks, middle eastern women, am sure none of whom are h4ead)
        2018 May – out of same 14 member staff (7 indian all h4ead, how do I know that, I did my research. remaining 7 are the citizens/GC who survived, only a matter of time). no way those Indians are more qualified for day care work. no chance.
        I can keep going on and on. it will just make you sad. 🙂 all I am saying is make a back up plan if you don’t want to lose the easy extra income you got now, because I really hope this EAD non-sense stops. else 90% of the h1b’s who struggled for the visa/extension will look plain stupid, EAD ladies – your husbands don’t tell you much but they are scared shitless. lol

    3. Anon

      Sorry, I find it hard to believe that you are on H1b and sucked it up losing $80k in yearly income. There are two possible reasons for your comments:

      1) You are Trump supporter who believes that foreigners are stealing American jobs – an argument that has been refuted many times by many economists. Also, you may be one of those “Americans” who lost a battle of talent to an indian and now you are sour. Hope you focus your energy on building your skills and get a better job

      2) You are a chauvinist Indian who believed his wife was becoming too independent and wouldn’t stay under your thumb. Your ego was hurt and you wanted her to be your dependent and give in to your “demands” and obey you. In that case, go rot in hell…

      My wife works on H4EAD. She is not STEM graduate. She simply works as a medical assistant after doing a short course. She made $25k a year and helps out the household. It is not for money, it is simply to be productive. I like it that she gets out of the house and is a productive member of the society. She has not replaced any US citizen for the job, simply because every where she works, they are almost always short staffed. She keeps getting requests to work over time and longer hours.

      I am sick and tired of this argument that Immigrants “steal” jobs. We never put gun to anyone’s head. We go to the same job interviews every one else does. Most of us get good wages and if an employer hires us to underpay then that has to be addressed by the regulators. If you want to blame someone – blame companies who exploit this messed up immigration system and blame congress who wont fix it!

    4. Anonymous

      Absolutely true words. Like a Coin has 2 sides, not all H4EAD workers are genuinely eligible. It only spoils work culture with such inefficient people in the business.

  3. XoXo


    Sounds like you are residing on a different planet.Latest news as of today -31st May 2018 is: Director of the United States Citizenship and Immigration Services (USCIS) Francis Cissna, in a three page letter dated April 4 to the US Senate Juiciary Committee, has confirmed it’s the end of the road for H4 workers’ employment authorisations in Donald Trump’s administration.

  4. neha rani

    Need urgent help on I-765 (H4 EAD Form)……What first name & last name i must use in I-765 form.

    My passport is missing last and first name is Neha Rani so on H4 Visa/I-94 its now ‘FNU Riya Rani’ (they reverse it to get last name). But on I-797, I-539 Form, US Driving License first name is ‘Neha’ and last name is ‘Rani’.

    First name Last Name
    I-94 Form & H4 Visa Stamping————> FNU RIYA RANI
    I-797, I-539 Form, US Driving License——>RIYA RANI
    India Passport——————————- —–>RIYA RANI Blank

    1. administrator

      As replied on other thread, you need to use FNU for first name and RIYA RANI for Last name. You need to get your passport fixed at some point to avoid issues.

    2. Manjula

      I had the same issue . I got it fixed with new passport in US. This definetly going to be an issue if you do not have a last name in US . Adding you r last name is easy . You just have to courier all the details to the Indian consulate .
      1. Renew passport
      2. Renew all other doc’s driving , tax , bank based on your new passport . Carry old and new passport if you are traveling until all stamping are clear in new passport .Hope it helps

  5. Shalon

    H4 EADs.
    Please apply for O1 Visa if you think you really are highly skilled & extraordinary
    This visa is indeed the one meant for individuals with extraordinary ability in the fields of science, education, business or athletics; per the Department of Homeland Security.

  6. H4EAD Supporter

    Please do not cancell the H4 EAD. All of them on H4 are skilled, with a bachelors or masters degree mostly in a STEM field. Many have also started their own startups/businesses, and have many years of IT experience . There would only be net gain by allowing those in H4 EAD to contribute to the US economy and American society. Those on H4 EAD have been living in the US for a decade, have an approved green card petition, and have US born kids. Also those affected by this change are mostly women, thus reducing gender diversity at the workplace. Hence, please don’t cancel it.

    1. Mimi boobliki

      H4EAD Supporter:

      You laid down your concerns as not to revoke or cancel H4EAD…Even Indian government tried to get involved and received support from 130 members of congress,even after receiving support the DHS/USCIS has moved ahead with final stages in policy making.
      Now nobody can stop in cancellation of H4EAD policy except Trump.Indian Gov was doing its best to stop the revocation till recently but it failed as the policy making moved to final stages…

      The USCIS/DHS is following EO -Buy American,Hire American signed by Trump…I hope when ever a Democratic president elects then this policy can be reversed since it is based upon EO but not went through congress and won required number of votes-senate and house…so this policy is only temporary until GOP -republican manages the Government / until a GOP-republican president exists.

      My best advice is–Have a backup plan or contact your attorney to get some backup plan ideas.

      1. Bill

        Filling lawsuit will be other option. Court orders Trump administration to stop Revoking DACA. DACA Receipts are still getting their extensions (Business as usual).

  7. Sam


    A misuse story of Indian H1B holders in US!!! This video will shock you 🙂 The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Employers who abuse the H-1B visa program may negatively affect U.S. workers, decreasing wages and opportunities as they import more foreign workers. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS. USCIS continuously works to deter and detect fraud in all immigration programs and we are furthering our efforts by enhancing and increasing site visits, interviews, and investigations of petitioners who use the H-1B visa program. These efforts will help assist in the prosecution of program violators and ensure that American workers are not overlooked or replaced in the process.

    1. Samuel

      Lee Francis Cissna, head of USCIS went to MIT and personally knows many US tech workers who went to MIT when he was there. These qualified and brilliant U.S. citizens are now shut out of the U.S. tech job market because of the flooding of H-1B and OPT workers.

      Cissna will not listen to NASSCOM and immigration lawyers telling him his MIT classmates are useless and undeserving of tech jobs. For all we know, he himself had been shut out of tech jobs reserved for Indians on H-1B.

    2. Ram

      Its sad to read the vitriolic comments on both sides casting aspersions on each other. There is a time and place for every policy, and once it has served its purpose that necessitated the creation of the policy in the first place, every responsible government can and should amend it. I see prolonged H1 and H4EAD as such policies that have long outlived their purpose, leading to marginalisation.

      As a naturalized US citizen of Indian origin who obtained it after being a GC holder for 5 years and getting GC after proving myself to be an “extraordinary alien” (with patents and major publications during my Ph.D from an engineering Dept in a major US univ), I have sympathy for fellow US citizens who feel pained by their displacement (with cheaper H1b or H4ead labor) from their cherished jobs. I remember during my GC process that I had to prove without doubt about my “extraordinary “ ability in my chosen research field, and not just another Ph.D. with some research publications that several have. What clinched it were my patents and that I served as an editor for a major research publication judging other research papers in my field – which USCIS accepted as evidence of extraordinary ability.

      I say all this not to brag but to show my fellow Indian origin aspirants to subject themselves to this kind of rigor to “earn” their GC, which will put an end to their H1b/H4 woes. Instead of commenting anonymously about “highly skilled”, wouldn’t it be better to prove it for good so there is no question about it? Until then, admitting hoardes of marginal folks on H1/H4ead (and keeping them in that status for several years!) to displace Americans will naturally incite anger.

        1. Ram

          The PhD idea isn’t obviously for everyone, and patents are indeed strong support of extraordinary ability (just research on % of GC applicants have US patents issued vs total GC filings). My larger point is to comply with the true intent of “highly skilled” as it was envisaged in US law. Writing it about in anonymous forums, or using national origin nepotism to get jobs aren’t evidence.

          My nephew in India, considering these developments in US and the fact that his engineering degree was not from IIT/BITS/NIT like Tier1 college, has decided to study in/migrate to Canada instead of US. Anyway, good luck to all.

          1. Lakhan

            lol, typical desi mentality: “I got in now no one else should get in.”

            If you want to keep an Indian in the ditch, just throw in 2 others and they will keep pulling each other down.

          2. Ram

            Lakhan, Far from it, buddy. I only wanted to give sincere seekers an option out of their misery of H1/H4 but if you doubt my intention, fine, it’s not my loss. I know of sad cases stuck here on these visas unable to go back for their mother’s funeral, father’s heart surgery or appear for a critical court case. Is that what you all want? Will you not regret this 10-20 years later that all these sacrifices are for what – to desperately cling on to a country that doesn’t respect you and all the people who loved you and sacrificed for you are no longer living?

            I am proud of my nephew – who at the young age of 22 – considered all the life implications before him in these times, kept up with the news and has chosen Canada instead of US for his higher education and immigration. The maturity he has shown is sadly lacking among the commenters here.

    3. Josh

      What is this phrase buy American hire American….deserving American are already in job or they will get a job.
      Why the companies prefer Indian/chinese/or any one else then Americans.. Are they dumb?? NO
      For companies it doesn’t matter.. They just want the most deserving candidates.
      By saying buy American hire American is like you are begging from American companies that… Yes we don’t deserve the job but since we are Americans so hire us as per your new policy.
      Otherwise people who are deserving the job they are getting it. I am an American I am doing my job. If I am not deserving the job and then also I want a job I will also use the phrase buy American hire American.

  8. Neha

    @Xa, thanks for your insider updates. I also got the similar insider info. But DHS has denied my EAD extension. What should I do now in the day time? At about how long I could get EAD back. ?

  9. average guy

    People on H4 EADs: Please avoid this forum. 80% ‘people’ posting here against the H4 EAD are like 2 obsessive losers who check this forum 10 times a day and post under different names.

  10. Find it

    1>H4 EAD is like paving green carpet for the people ,without doing any hard work to get into united states and doing what ever they like..
    2>It’s shameful for people who marry for sake H4 EAD in back home. it’s like enjoying another people hard work
    3>why US should change rule for the 7% bias to india for GC? yes we have to agree number of people who migrate to US are more from india, you have to face that you don’t have any other option. If they increase bias % percent it in the future it will United States of America but people are from india.
    4>I wish they could Remove H4 EAD, Student’s loosing opportunity because . of H4 EAD

    I truly support trump system

    I am from Asia

    1. lol student

      What students? Didn’t you all say during your visa interview that you have strong ties to your home country and will go back after studies?

      Pack your bags and leave.

  11. Sam

    Your arguments are laughable at best. (If else statement is the highlighte)

    1. Why should folks from India wait for 10 years? Back log is caused by Indians. No one asked so many Indians to apply for green cards. US is no obligated to give everyone GCs. Don’t like it, leave now. No one is forcing you to stay here.

    2. Isnt it logical to give that spouse work authorization , as he/she waiting in line for GC. – There are people in many other categories waiting for green, cards such as family based visas, why should they not be allowed to come here and wait?

    3. If not then does then will it not make the policy particularly biased against Indians. – Why do YOU think Indians deserve more than 7% of quote which no other country gets? and you call it bias? Please explain why US should discriminate against other countries and give India more than 7%

  12. Kumkum

    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.

    1. Sam

      People are simply tired of loosing jobs to the so call “highly skilled” people from India. That’s the short answer. Do you think all these people causing GC backlog deserve a GC? Why did they cause the back log?

      Greed is killing the program. Self destruction. Good riddance.

    2. UncleSAM

      @KumKum Please note- H1B dependents are actually Americans in waiting and would have got their green cards.

      This comment is laughable. Don’t assume your self American until you are.

  13. Not a H4EADSUpporter

    Revoking of work visa of spouses of H-1B holders in final stages: US


  14. SteelyDAN

    H4 EAD show is going to END SOON. Guys wait for few more days…

    Proposal to revoke H4 work permit getting final touches at DHS .


  15. Hope

    Really Guys, I see so many ignorant people here. I admit there are fraudulent people working on H4 then show me one field where there is no fraud. You can derive instances of fraud and scams from every aspect of life, from multi billion dollar businesses to government operations. It is pathetic to take these few instances and generalize the whole buddy of people. My wife was a better student than me at school. We moved to US on L1, she worked on L2. Then I had to switch to H1 and she had to leave her job. She did not seat back, took GRE and did her MS. She worked on OPT, applied for H1B 2 consecutive years. Did not get selected in Lottery. Now she is working on H4. We have been in the country for 11 years, invested in community, employed people. Now I don’t understand how it is going to be with this rule change. This is a now just targeting low hanging fruit, a group of people who can’t defend themselves, outnumbered here without any support. You have to keep in mind it is not for all the H4s, it is only those people who are unfortunate to be stuck in the Green card process.

    1. Nohope grandmother of Hope

      Here is the real story—What Obama did is -he signed executive order on h4ead instead of moving ahead in rule making via congress.All this mess would have avoided if Obama would have used Congress and would have won the policy of H4 to H4EAD with enough votes but he has never sued congress instead signed a executive order. Obama also knows that,If he uses Congress he will not be getting enough votes since GOP was having majority in both house and senate and the policies of Obama will never get approved if a congress is having a majority of GOP/Republicans…There he signed a Executive Order to improve lives of H1’s those waiting for years and some even for 20 years on EB3 to get Green card….but now in this administration,Trump is going to use his executive order on “Hire American,Buy American” to withdraw as many policies as possible of Obama…Even they will have 30-60 days for comments but these comments also will not have much weightage on the rule making. Most of the TPS status of several countries has been withdrawn with deadline in 2019/2020 so nearly 7 Lakhs Plus will be departing U.S. in coming 2019/2020. So my suggestion is:

      a) Apply for H1 via multiple employees up to 3-4 so that even if lottery,there will be chances of winning H1.
      b) Have a backup plan as the H4EAD is in final stages and however,once this rule comes in to affect,you will have enough time to change status…or USCIS would have solution proposed and been put in place….
      Mostly 90% of Indians are going to get affected due to this rule of H4EAD withdraw…Several Indians would have been alert or cautious before/after Obama would have proposed the H4EAD rule….and mess would have avoided if H4EAD would have gained enough votes in congress but that has never happened with Obama so now all H4EAD will have nightmare….even getting GC will take at least 20-25 Years if GOP manages government….

    2. ENDH4&H1

      @Hope….why don’t you just go back to your country and apply your skills/learning there…..then referring us ignorant people….do not get confused and start looking for solution….

      Also, if you are tired of long wait for GC and do not respect our process…..pull yourself out of GC queue….by no means you are unfortunate.

    3. Sam

      You came on L1 then switched to H1 and then applied to GC. This may be hard for you to see, but, you came to this country on false pretext, your intention was never to leave. Now you are complaining how the laws of this land are not working in your favor? There are enough entrepreneurs in this country, honestly we don’t want temporary guests starting companies and cause instability in the economy.

    4. scr

      Those people waiting can apply for H1. Go back to school and they can get OPT and then H1. But they want easy way entitlement. H-4EAD folks mostly are sub par in talent and passion for work. Plus they stagnate the wages. I am telling you this from experience at work we have seen the past couple years

  16. Jim

    DHS has officially informed federal appeals court on May 22, 2018 in the SaveJobsUSA vs DHS case against H4 EAD work permit that they are in ‘Final Stages of drafting the H4-EAD withdrawal rule

  17. Reshma

    There’s still some hope for H4 visa holders in US. Here’s why


    1. Reshma's चचेरी बहन Karishma


  18. NeedAdvice

    My wife is on H4 EAD and she got a letter from USCIS regarding “Fraudulent Work experience” stating that USCIS did not find any prior SSN activity on her name. This happened when she recently applied for her first job (in USA) and she got selected for the job. The letter also mentioned that applying jobs in future will forfeit the employment and from entering into USA both for my wife and the sponsor (myself).
    1) Does this show up on the sponsor’s immigration history? We are decided on foregoing her job offer.
    2) Surprised that USCIS is monitoring even the profiles of H4 EADs. Is there any other corrective action we need to do?

      1. UK

        One of the most abused program. People lie and use their cultural influence to get their spouses at the same work place or at their buddies place. So, here how this works. They scratch each other back. I have seen jobs taken by these H1B and H4 can be easy replaced by our fresh college graduates or with few years of experience. These people are utter lair as well. They fabricate resumes, fake interviews and provide support over the phone. Also, they bribe hiring manager (of course he or she is one of their own) to get them hired and pay under the table. Once, they are hired, goal is to get few certifications at the company’s cost to hide their real world experience. i urge our president and congress to stop this UTTER NONSENSE PROGRAM. I don’t want my children to complete with these people whey they graduate from school after shelling out thousands of dollars in tuition, property taxes etc..

        1. R

          Stop making stereotype accusations to push your fear of H4 EAD. My wife is highly qualified with Masters and Bachelors, didnot fake any resume, has good work experience and got selected through interview process. I dont work for that company and didnot recommend.

          None of this matches your assumptions.

          1. scr

            just because your wife is educated that does not mean all 80,000 EADs are genuine. What UK mentioned is very prevalent, not only for H4-EAd but a general practice in Indian and Asian community for all hiring. In bay area, talent has taken the back seat it’s all friends and family. Spouses are hired. In many scenarios when H4-EAD was not there I have seen spouses were hired and paid in cash in smaller companies or these smaller company paid the combined salary to the other spouse. Frauds are rampant , no regard for law.

      2. attorney at law

        Moses—This is not fake but it is real as now a days–USCIS sends such letters for H1,L1 and H4EAD and also OPT candidates…since everybody pays for fraud detection service fee of 500 USD…so this will be used to detect fraud…hence this is not fake info like Trump says every thing fake news….

          1. D's Brother E

            E Brother of D:

            Sounds like your name is FakeD thats the reason you always use 4 alphabets “Fake” for everything….if anybody ask your name tell them as FakeD and whoever listens your name they will think as your name is Fake…

    1. attorney at law

      This is possible as the USCIS has the authority to check SSN and IRS for taxes…whether the State and Federal Taxes has been paid or not…Whenever they check Social Security Admin(SSA) -They will know about taxes paid via W3 and if they check IRS—they will know all about Federal…that way the USCIS is able to know earlier experiences whether the employee worked or not in USA….If the taxes have been paid means the payroll has been processed via ADP or such payroll processing company software…if no records found in SSA on a particular SSN(Social security number ) then payroll has not been processed and no salary has been paid and if in this type of case if you mention fake experience on a profile for getting h4ead then that is violation of immigration policy/law therefore,USCIS sends a letter signed by the director and sometimes they also send revocation notice of h4ead due to fraud detection service of USCIS….Therfore,all H1’s and H4ead and L1 visa holders including OPT must never ever mention any false info on profiles and must be honest…this can affect the H1 holder also as they may look at h1 holder case petition copies of all earlier H1’s and if even h1 holder documentation /petition docs found fraud or fake information then both h1 and h4ead holder will be at risk that means the uscis has the authority to revoke h1 and h4ead and send a letter to live the country in 30 days or less….all the above info is based upon USCIS lawyer association meetings and myself being immigration attorney we receive such letters of our clients….
      Hope above info helps…

    2. NeedAdvice Grand Daughter Neha Dhupia

      I suggest—Contact your attorney or if you do not have one–take a appointment of any good immigration agency and get advice….

  19. EK-H1B

    Please stop giving work authorization to h4 ead and L2 ead. If they have real talent then please apply for H1b. Stop dreaming, without having skills and experience they want easy way of job, if you have real talent and experience then why are you always ready to work for low wedges, be honest and come up with real things. and Stop depreciating whole IT industry wedges.Geniune peoples have been suffering because of your fraud they have not been getting standard wedges. If you find H4 is a curse then why you accept this option.There are n no of other solutions it doesn’t mean that you should take advantages of h4 ead L2 ead and depreciates whole IT world by accepting low wedges. How these people have been getting EADs without submitting educational professional work experience details to USCIS. They should submit all documents to USCIS like H1b and L1 sumbmitts to USCIS Don’t beg for H4 ead L2 ead, be honest. It should be stopped right away.It you have real talent then definitely you will find way.

  20. Kramer

    H1B guys are no 1 enemies for H4 ead since h1 b has to work in specific place but H4 ead can work anywhere. To balance out they can impose restriction of workplace for H4 ead as well.

    1. H4EAD Supporter

      B.S. We H4EAD are very competitive, highly educated, talented. We can do the same work as H1b.
      Why put restrictions on us ?

      1. Kramer

        You don’t understand what I said . H1b cannot work anywhere they want without an amendment. But H4 who depends on H1b can work anywhere? You think it is fair? That is what I hear from H1b guys. Either you give them EAD or ensure H4 does not have undue advantage over H1b. Don’t want H4 ead scrapped. Just make it fair for other H1b guys.

  21. Savita

    There’s still some hope for H4 visa holders in US. Here’s why

    Read more at:


    1. Prof of Political Science

      Hey D–
      Are you interested to join BA in Political Science programme ? Since in this programme you will know all about congress -House and Senate….How many senators are there and how many committee’s exists and such….Better join BA Political Science and complete your under graduate program and then post your comments on this website…

    2. administrator

      To be precise, they are members of congress. Also, let the data speak. I suggest you count the signatures on the actual letter. The link to letter is in the update section, they are more than 130. I have no reason to write anything fake!

      1. D

        I know its 130 members of congress and was just asking the writer of the article to correct the wrong statement.

        I notice that the writer has taken my inputs and corrected the statement. Glad that it was corrected.

        This website is very informative and hence I was doing my little bit to keep it more accurate.

  22. H4Visa

    1) What is the procedure for H4 visa and timeline?
    2) Can I apply for H4 visa from India while my spouse is in USA?
    3) To be able to apply for H4 EAD do I need to be present in USA?
    4) If I need to be in USA for applying H4 EAD, can I travel back to India after applying for H4 EAD?

    Thanks for the help.

  23. Savita

    130 US lawmakers back work permits for H-1B spouses


    Hold on to your GUNS…

    1. Savita बड़ी बहन -Kavita

      To: Savita from Kavita
      Latest H4EAD News:
      Trump govt puts H1B workers’ spouses on thin ice so it can melt any moment…Have a backup plan.
      Spouses of Indian tech workers find help in fight against proposed work changes with 130 representatives signing it (This was the news from private news agency-newsobserver but not USCIS or reginfo.gov) but this will never help due to Trump EO on Hire American Buy American. Only follow the news that is published on reginfo.gov website…..never get excited over private news agency news….USCIS only follows what ever Trump says but not any of the senators those work in Congress.So have a backup plan …

  24. Madhu

    Time to get Unite and putforward the Point that H-$ EAD is not impacting any American jobs:
    I don’t understand why some fear H4 EADs are taking jobs away from the Americans. They are not. All the applicants, whether he/she is an American or non-American go thru same level of scrutiny by the employer before he/she is recruited. If there is anyone who abused the system, its the companies that are recruiting. Such companies should be blacklisted or penalized. No person on H1 (therefore, H4) can step into US unless the companies give him/her the letter describing the need and job description and the duration of the job. As far as working on low wage goes, its the Congress’ mistake to sit on the issue for 30yrs and still not doing anything. I suggest, instead of targeting H4 EADs, Trump administration should think of modifying H1B visa rules, probably, by increasing wages as per the geo location and/or preferring employees with Masters’ degree and/or allow recruiting only for senior positions. This will reduce number of H1s coming, thereby reducing H4 EADs too.

  25. ProH4EAD

    Ya. We need your encouraging statements as we are confused now.
    Are you getting kick out by your employer, or your EAD card extension got denied ?
    Or are you having farewell party with coworkers trying to try with dignity ?
    Let us know maybe we can help.

  26. Chiiti babu Ramesh Bolledu

    Now all OPT’s are targeted and all OPT’s cannot work at any 3rd Party Sites that means they cannot work with any desi consulting companies by using fake resumes…Now most of the OPT’s from India will be affected due to this …
    Many H1 Visas has been denied for Infosys,Wipro,TCS,Cognizant and Tech Mahendra at all US Embassies in India and F1 is provided only for 2 Yrs instead of 5 Years ….So this is the latest news…

  27. Leo

    ‘Poops 4 rupees’
    H4EAD / H1b good news, you assh0le go home make money.

    Don’t hanging here begging.


  28. Raghu

    I don’t understand why some fear H4 EADs are taking jobs away from the Americans. They are not. All the applicants, whether he/she is an American or non-American go thru same level of scrutiny by the employer before he/she is recruited. If there is anyone who abused the system, its the companies that are recruiting. Such companies should be blacklisted or penalized. No person on H1 (therefore, H4) can step into US unless the companies give him/her the letter describing the need and job description and the duration of the job. As far as working on low wage goes, its the Congress’ mistake to sit on the issue for 30yrs and still not doing anything. I suggest, instead of targeting H4 EADs, Trump administration should think of modifying H1B visa rules, probably, by increasing wages as per the geo location and/or preferring employees with Masters’ degree and/or allow recruiting only for senior positions. This will reduce number of H1s coming, thereby reducing H4 EADs too.

    1. leo ka baap


      If you are worth it, you wont be replaced. Your company is at fault, not the one who is on h4. Sue the company but don’t blame the h4ead’s.

  29. Verghes

    Majority of American companies outsourced 90% of their software jobs to Indian based consulting companies and they put fake advertisement and don’t hire local candidates but get employees from India for cheap labor, the minimum salary of H1b remains as 65,000 for 30 years while value of dollar isn’t same as 30 years before because of inflation, so there are 1.5 million H1b employees and 1.5 million opt visa employees takes majority of software jobs in America, they are like slave labors because unlike immigrants, they don’t have right to change employer but they work way more than 15 hours a day for half salary of us Citizens without any option to leave the employer, since immigration for Indians take decades, Companies use them as slave labors, spouses of H1b are given h4 visa, they don’t have right to work but they only have right to live with their spouses who are temporary workers, Obama gave few of them right to work but Trump takes that away because Us Citizens can’t find jobs in IT but they are undercut and replaced by H1b and h4 employees for cheap labor. Companies used Blacks for cheap slave labor in the past, now companies use illegal immigrants for blue collar jobs and Indians and other temporary workers for White collar slave jobs

    1. R

      Ur ignorance and stereotype is beyond my thought. I am on H1B, have Masters in CS in USA, working full time not contracting, earning 6 digits salary, far more than congress wants, never worked as consultancy, did not replace any US citizen. Does any of this relate to your concern ?. Y do u make such generalized accusations without providing solutions to any.

  30. Pedro

    H4 EAD madness need to be stopped. They are ready to work for $10 -$20.They are more than welcome to apply H1B but they will not. Below from H4 EAD forum. Please check out the following actions to advocate for the H4 EAD Rule- 1. Please contact – Mr.Kevin J. Cummings Chief, Business and Foreign Workers Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy, 20 Massachusetts Avenue NW., Washington, DC 20529 Phone: 202 – 272 – 8377 Fax: 202- 272- 1480 Email: [email protected] PS Mr. Cummings is the same official who took care of the H4 EAD rule in 2012. We had contacted him during our previous advocacy as well. 2. Contact your local lawmakers- Find your local Senator – https://www.senate.gov/ Find your local Representative – https://www.house.gov/ Please contact your local lawmakers regarding the problems which many High skilled workers and their families have been facing – how Green cards are taking centuries to arrive ( backlog problem), H4 kids are aging out and much more. Convince them to add their comments to support H4 visa dependents. Public comments link will be shared on the page as soon as it will go live. 3. Start preparing your personal stories to be added as public comments. In the meantime please add your stories at – https://h4-visa-a-curse.blogspot.com/p/a.html View Stories ( This link has more than 500 stories) – https://h4-visa-a-curse.blogspot.com/p/view-stories.html. It will be easy for the media and other agencies to understand that how H4 visa holders have been suffering. 4. Encourage your near and dear ones to be a part of our campaign. Talk to your employers, co – workers and the US citizens to contact the lawmakers as well as to post their comments supporting the H4 EAD Rule. Moreover, it is very easy to abuse the fellow H4 visa holder spouses by calling them aunties, kitchen queens, maids, useless and much more. Certain agencies and organizations are targeting H4 visa holders because we are their soft target. It will be better for them to deport the real culprits which include ‘fraudulent’ – resume holders, job consultancies, degree mills, fake Green Card filings – https://www.petition2congress.com/…/stop-eb1-c-abuse-fraudu…. If the dependents of certain visa holders can work without any condition like ( I – 140 cleared) – L2, E3, J2, Family based, Diversity lottery, Refugee/ asylum visa holders. Isn’t it unfair to say that only certain H4 visa holders with I 140 cleared have been stealing the jobs ?

  31. SteelyDAN

    USCIS ramps up scrutiny of foreign workers in America; H4 EAD on its way out – it’s official


  32. Leo

    My normal post got deleted by site admin. I post it again, not meant to target anyone, just FYI.


    1. Chitti Putti Batani's Maa

      This is nothing new in Trump’s world…not only they stop US Companies from hiring foreign workers but also they have restricted in granting Visas those attend Visa Interviews in US embassies in India especially from Infosys,Wipro,TCS,Cognizant,Tech mahendra and such huge desi consulting companies are being hit very badly…since they spend more then 5000 USD for each H1B application/petition and as per NASSCOM ,most huge desi consulting companies lost in millions due to violation of Immigration laws,replacing US workers and such law suits…..even hiring process through cmapus placements has been reduced since last year by huge desi consulting companies….

  33. Jeff vengalapudi

    I am a pilot for a major airline, working on h4ead. My wife’s an Occupational Therapist on h1b.
    I haven’t stolen anyone’s job. There’s airlines like horizon air(regional wing of Alaska Airlines), endeavour(delta regional), expressjet(United and American regional) who have filed bankruptcies in 2016-17 just coz of shortage of pilots! Do a simple google search and you will know what I am talking about. Why should my ead be taken away? And my wife is a medical professiona(CUrrently, US just has 20% OTs as compared to the requirement.
    So guys who are anti h4 ead, just think.. there’s many like me who are actually doing good for your economy. Not every h1b or h4 ead is out there to steal your jobs.

    1. Jeff vengalapudi

      And I understand that completely. I don’t appreciate such cases anyways as they bring a bad name and reputation. Which just causes problems for genuine people like my wife and i. i feel that since you are in IT, you must be observing those cases all the time, and so you feel that most ead holders are in IT. But trust me, there are many cases like me. My friends whose wives are dentists, or a friend of mine who is a surgeon on h4 ead. I think about 65-70% h4 ead holders are non-it.

    2. Ray

      Hey bud, this was introduced for good purpose, but many are abusing the privilege given to them. I have seen instances where some got US citizens shown the door and introduce their spouse to company for lower salary. This is very true in I.T industry.

      1. Jeff vengalapudi

        I agree that there is fraud at some level happening, and I condemn it from bottom of my heart. But i feel at least 70-75% of h4 ead holders are like me, who are not even in IT. And out of the 1s in IT, dont you think at least 60-70% of them must be deserving candidates?(its a genuine question, i have no idea about the IT industry)

      2. R

        I am on H1B, have Masters in CS in USA, working full time not contracting, earning 6 digits salary, far more than congress wants, never worked as consultant, did not replace any US citizen. Does any of this relate to your concern ?

  34. H4EAD Supporter

    @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.

    1. H4EAD Supporter.

      To: H4EAD Supporter

      Somebody hacked into your computer and sending messages.Hope you have to keep changing password every minute.

  35. Neha

    I also got a similar good news, looks like President Trump will sign an executive order (E.O.) on the same in next 3 month.

  36. Surreal

    Automation be prepare for dooms day.
    At Wendy’s there was uproar for minimum wage hike , owner permanently resolved it by automating the system .
    The newest buzz in IT is cloud as pas( platform as service) . Where cloud oems replace IT teams of client and eventually will replace their staff also via automation.
    First h4ead then h1b then gc then citizen and lastly automation or it will go directly from h4ead to h1b to automaton as no company is interested in hiking wage . If folks are thinking that company will hike wage then you are peddling fiction.

    1. Neha

      We have discussed the same before we are not stealing.
      Not just me, I know a lot of applications got denied.
      Looks like USCIS already tighten it even the new rule is not announced.

    2. Neha's छोटी बहन

      Neha to Sneha:

      It is due to Trump EO on Hire American Buy American…File a law suit and hopefully you should succeed ..

  37. PACKUP


  38. H4EAD Supporter

    @SM you think you will say pack and leave and people will do that. You are no one to tell us to leave . If you can then make us leave.

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