H4 EAD Rule Latest News - Trump Administration Revoke and Lawsuit Status

H4 Visa EAD 2018 News – Lawsuit Status, Trump Administration Impact

In Immigration| Visas by Saurabh1513 Comments

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 – 
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.
  • No update from court as of Feb 12th, 2018, it shows as  below only. 

DHS H4 EAD Court Latest Update 2018 January
What Happens Now – Can H4 EAD be revoked by Trump Administration ? What’s the Impact ? Status ?
As you can see latest update above, we have a new agenda item called “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”  that it is part of the Fall 2017 Regulatory agenda.  Keeping the H4 lawsuit aside, now it has moved to a stage where the published agenda item to remove the H4 EAD rule.  We do not have any details on the expected actions and what happens to the current H4 EAD holders, etc. So, kind of unknown at this point.

Also, as for the Jan 2nd, 2018 deadline on the H4 EAD lawsuit, we have to wait and see what court decides based on the motions filed by both on Dec 22nd, 2017. (Update : No update yet from Court.)  We do not know for sure the timelines of the changes and if there will be any lobbying… if you are on H4 EAD, it is good to have a back-up plan for the worst case scenario.  We will keep this article updated as new information emerges.

What are your thoughts ? What do you think of new Fall 2017 regulation ?

Reference :

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Comments ( 1,513 )

  1. Anil

    H4EAD is provided to kids,woman and men of certain H1b candidate waiting over 6 years for Green Card. It’s a Fairness Act to remove H4Ead only when Green Card backlog is addressed.
    Indian Janta join hands to remove G.C backlog. Isquared, HR 392 ,SaveEb2 India with Masters and PhD.
    You are Indian on H1b. Plz Stop abusing innocent to H4Ead kids ,woman and men.

    1. Jose

      H4EAD damages to IT industry much greater than anything else, and it will be even worse.
      To anti-H4EAD, please contact your local senators to revoke H4EAD ASAP by telling them your thoughts.

      1. Real_Anil

        We don’t need to debate here. We all know H4EAD’s damage, that’s why DHS is processing the revocation process. But some Indians from big IT companies wrote letter to Congress try to stop the process recently.

        So all the anti-H4EAD should call or write to DHS and your local senators / congressmen to expedite the revocation process.

      2. Jose chya bappa

        Mr. Jose kumar ramalingam, we know that your 15 years old skill set in JSP and servlets is now obsolete and nobody wants to hire you, and we sympathize with you. Please close the door behind you when you’re kicked out of the IT industry. Maybe you will be able to work at one of those witch companies back home. Good bye!

  2. R

    Let’s be practical people… No body stops the H4 spouses from applying for a H1-B visa. The H1-B visa is the legal and well regulated visa category for any qualified highly skilled worker to work in the States. Being an H1-B benefactor myself, I know many highly qualified and skilled candidates than me who couldn’t make it through the H1-B visa lottery. That said, being the spouse of a H1-B visa holder alone should not give someone the edge over other applicants.

    I sympathize over the few well qualified spouses who are currently working on H4-EAD. But I’d also want to bring up the fact that it’s the most corrupt category used by the shady IT consulting firms to inject unqualified and cheap labor with fake work experience into the US IT workforce. This is not a new practice. These greedy consulting firms train MS graduates that were on OPTs with no IT experience for a month and produce fake resumes with fake experience and have someone else attend interviews and find jobs for those MS students. They make a big deal of money out of this.

    The H4-EAD is their next ‘pot of gold’ where spouses want to make extra money for their family and are ready to work for any pay rate. This directly affects qualified workers by bringing down the market rate for these jobs. I personally know of many cases like this. In one such case, the spouse ok H-4 EAD who had a bachelor’s in agriculture from India got a software system tester job. So again my question – why can’t these spouses apply for a H1-B visa instead so that the playing field is even?

    1. H4

      Good point ! Let’s be practical..

      In the first place it is only certain H4 spouses offered EAD because of backlog in GC processing. If GC is current they are eligible to work anyways. It is not their fault.

      I agree consulting firms take advantage, in the same way they took advantage of H1 B visa and OPT. Nothing wrong, it’s about business and the immigration system allows.
      BTW, its a win – win for people to get a starting point in the US.

      Pls note, not all H 1B holders are from IT background, it is the employers who should be responsible to hire the right talent. If you think people with any background and few months training can do the job, why H 1B ?

      The problem is about UNITY in fighting for a common cause.

      – H1 B against H4 _ If spouse is not planning to work
      – Indian GC holder against H 1B _ Future threat
      – US Citizens against Immigration

      BTW, this is my opinion and I am not in IT . I have decided not to count on this anymore and moving to Canada for a better future and stability. Pls stay united for success to all immigrants. Everyone has their own story and dreams for future.

    2. H4EAD Supporter

      @R so when these consultants were misusing H1B why didn’t you step forward and asked to cancel H1B Visa. It is not H4EAD fault if few employers can’t interview. Secondly they are beneficiary of delayed GC not H1B visa. They have right to work even if it is not highly skilled work.

    1. JaiHind

      guys i am sure h4 EAD will be removed its justmy guess.
      the reasons bcus its taking american low wages jobs like testing /hr admin kind of jobs. also it impacting java/other skiles people wages . since they got free visa they have no experience they are ready to join any job and any think they pay.most of the job are from managers side money they create a job give it these people. so i think its should be removed .
      but they need to do some approach to improve the gc process
      this is my understading after closely watching this thread.

    1. H4EAD Supporter

      Hahaha. And maybe soon you will out of your dream and all the H4 will have GC and path to citizen. Your life will still suck. 😂😂😂

    2. choospotter

      Sir, you are obsessed with coming here and trying to insinuate people with your comments. Get help. Talk to your wife, talk to your friends, go out, have a life.

      1. H4EAD Supporter

        @Choospotter Don’t worry about me, I have a great wife and a beautiful life. I even have an awesome job and neither me nor my wife is dependent on H4EAD. I have nothing to complain but the fact few people hide their incompetency behind system flaw is BS. And before telling me I need help, maybe you should got find a job.

  3. Remove Abusive vulgar comment

    Please remove comment with bad words used in Indian language. This post no longer need abusive and vulgar audience discussion.

  4. Anil

    Tam is Indian on H1b and used fake resume to replace American Worker and now threaten by H4EAD workforce. Tam even admitted she is Indian and don’t like Indian H4 EAD woman or kids. Tam , Alex, Mishra pathetic liar.

  5. Tam

    Ivanka 🇺🇸
    Feb 9
    In response to #H4Dreamers reaching out to me. I empathize with your plight & wish you were not put in this situation, but unfortunately, I cannot advocate for you all when Americans have been displaced by #H1b. @realDonaldTrump is justified in ending #H4EAD it was unfair to US.

    1. H4EAD Supporter

      Ivanka also promised Childcare benefits for single mother and not delivered it. Keep dreaming Tam…H4Ead is here until HR 392 is passed.

      1. Jose

        You liar, it’s real. Here is another tweet:
        Ivanka 🇺🇸

        Feb 11
        More Ivanka 🇺🇸 Retweeted Donald J. Trump
        The proposal includes #DACADeal #DAPA Legalization, changing Lottery system to MERIT BASED, tightening the screws on EMPLOYMENT BASED #h1bvisa #L1 End #H4EAD & #BuildTheWall.
        What is not to like about it? Its fair, its just and above all humane its time to stop playing politics

        1. H4EAD Supporter

          Ivanka Trump is official Twitter account. This account @ivankatkushner only have 299 followers and it’s only 1 week old account. It’s fake

  6. H4EAD Supporter

    H4Ead is a fix offered by Obama administration for the woman and kids to work or start business due to 70 years G.C backlog vs 7 months wait time. Read the H4Ead rule it’s not for every one but certain H1b candidate.
    I know this is privilege but due to high wait time it’s a Fairness Act to provide temp relief until issue is addressed.
    Beside fake marriage to get Green Card also spreading their wings without any hitch hiking. So stop bullying on innocent H4Ead woman ,men and kids. And start supporting HR 392.

  7. H4 EAD Supporter

    It is unfair to hundreds of thousands H1B who have to go through rigorous vetting process and uncertainty of application process just to be employed in US. Whereas H4s are being provided EAD just based on qualification of spreading their legs wide open for an H1B. Nobody understands this kind of sexism better than Pres. Trump himself. H4 EAD has to go.

    1. H4EAD Supporter

      All H1B who have been misusing the system through shitty consulting firms are complaining about H4EAD. No Facebook or Google programmer is complaining here. It is your incompetency that is making it easy for your employers hire fresh EADH4 (not saying all H4EAD lack experience). Go get some real job.

  8. Nu12

    “We came legally” and knew it was TEMPORARY!! Now you want to ride on the DACA coattails, I knew this B.S. was coming…3year WORK VIsa not a lifetime here! Indians have 1) No need to assimilate when surrounded by countrymen 2) The basic fundamental reason for you even being here is by nature WRONG “we don’t have enough qualified Americans” to work with computers?? 3) The areas that H1B’s (Indians) want to settle do not have enough available housing for our own Citizens let alone you and the people you have already and hope to sponsor (chain migration) or enough room in the classrooms of our public Schools…I could go on but Remember you came here TEMPORARILY and it’s Crazy/ Insane that all you have to do is apply for a green card and get to Overstay a 3yr Visa indefinitely…LUDICROUS!!!

    1. another jose

      You forgot what america is rooted upon. It’s the opportunity for talented. Not just for those whose ancestors crossed the border a while back.

  9. Anup

    Why such an urgency to ditch your Motherland ? Seems only possible by Indians. All talks of sacrifice by these so called Desis is crap. People who want only the good of things should be kicked out as soon as possible. No point in having such opportunists. They are of no one, neither of their country, neither their people, nor of any land. Money & Luxury is the religion of such people. Exploitation is the weapon they yield on their own fellowmen. This is the true face of the Desis.

    1. H4EAD Supporter

      @Anup You are such a patriot, how often do you buy goods made in US when it is double priced than good manufactured in China. Hypocrisy is an easy trait. Preach only if you can practice. Greed drives innovation as Micheal Douglas said “Greed is good”.

  10. H4EAD Supporter

    Only Indians threaten by H4EAD are posting bad comment with fake name and fake story here.
    H4EAD will stay until Green Card Backlog is resolved.🙏👍

        1. Revokeh4ead

          I truly pray H4 Ead stays. Currently no news on H4 EAD revoke by DHS. Beside there are already real experience people moved from H1b to H4Ead and started business. H4EAD will stay.

          1. Jo

            what kind of dumb business did they start? another grocery stores or gas station. Dont keep making this stupid arguments of starting businesses. H4 EAD is totally fake with very few exceptional candidates.

          1. administrator

            There is no fixed deadline as such. The month indicated in Regulatory Agenda is Feb 2018, we just need to wait and see.

        1. PP

          Why don’t the H4 EAD haters get into a meaningful job search and stop hating H4 EAD guys. We prove our worth and stand in the same line as you. It is quite simple, if the employers like you and think your are eligible, they will hire you!! So how does H4 EAD even matter.

      1. H4EAD Supporter

        Only one dreaming is you and your fellow idiots. Even when we run grocery stores we make money. You got everything still struggle for job. Sucks for you.

  11. Jo

    “The USA is country built by immigrants…”

    Again, a foreigner lecturing me about what it means to be American!

    Propaganda from politicians after immigrant votes. Some years ago a study was done that found about half the people living in this country could trace at least one ancestor back to having arrived here before 1776. If the success of immigrants to this country are compared to the success of their peers who did not immigrate the logical conclusion is that this country makes it immigrants great not the other way around. Immigrants need us we do not need immigrants.

    Go home, live in peace, and make your country great.

    1. H4EAD Supporter

      And your ancestor took permission to come to US. Some of the same ancestor acquired enormous wealth invading India (Once British colony). When it works in your favor it is ok and when it doesn’t you want people to leave. Sorry buddy we are here to stay you like it or not. You have right to elect your politicians and they decide law. So far we are legal few of you can’t make us leave.

  12. Jo

    Do you think it is fair to uproot families who have given their everything to this soil and just throw them away like trash?’

    Yes. I did not invite you here to take my job. You are here because of the corruption of the companies you work for. Those employers lied that there were no Americans to do the job and attached campaign contributions to those lies. So while you were employed I was at home an experienced programmer unemployed listening to employers lie that they were only hiring foreigners because there were no Americans.

    This country owes you nothing. Go home use the great intellectual ability you keep telling me you have to turn your country into a place worth living in. You being here has uprooted my family. I would have been happy to pay the same taxes you paid.

    My family has been in this country since the 1600s. I take great umbrage at being lectured to by a foreigner about what it means to be an American.

    Your being here has harmed me and I want you gone.

    1. Immigrant job stealer

      You are probably one of those old grumpy, incompetent people who didn’t keep up with technology, lost their job and are blaming the immigrants for everything sour in their sorry lives.

  13. H4EAD Supporter

    H1B visa program is being abused by almost every single American company. We now have no more technical jobs available here for very qualified American citizens. It’s time to end this corrupt program and begin to employ our American citizens. Our children are becoming discouraged to do anything in the STEM academics as their are no more opportunities for them when they come out of college. Meanwhile someone who pays $500 for a degree that we cannot even verify in India immediately gets a very good paying job and displaces yet another American worker from the job force. It’s time to put an end to the H1B visa program n

    1. Sm

      Of all the immigrants to this country those least likely to assimilate are those who come here on H-1Bs with the Indians being least likely to assimilate. They get citizenship but they remain loyal to India promoting policies favorable to Indians over Americans. You seldom encounter Italian-Americans promoting Italian interests over Americans.

      I have worked with immigrants from all over the world. When it comes to technology I rate Americans best. Germans and Englishman are tied for second. Those from Western Europe and Russia are third. With one caveat I put Indians at the bottom of the list. The caveat: the women are better than the men. They do not tell you everything is ok when it is not and they do not tell you they know how to do something when they do not

      1. H4EAD Supporter

        Yea and who do you think you are to rate anyone. We are in all top programming jobs and that speaks for itself. Look around you Wayfair, Microsoft, Google leaders are Indians. Your lousy thoughts and crappy skills are the reason you can’t get any job.

  14. H4EAD Supporter

    All Indians here with fake name and fake story trying to rescind H4 EAD. Tam, Alex Tim all are Indian and threaten by H4 Ead.

      1. H4EAD Supporter

        You are double standard is awesome. H4 EAD is here to stay until Green Card Backlog is addressed. Ead for all H1b waiting for GC more than a decade.👍

  15. H4EAD Supporter

    H4 EAD’s are now filled in all the IT jobs. When a very minimal amount of H4 people are eligible for the work they are doing, why to give H4 EAD to all the spouses who has approved I140? That’s not a small number. Many H4 EAD people who work’s in IT jobs now do have non IT educational background(like physiotheraphy,nursing, beautician courses,…).Now all are in IT as junior developers, QA, BA,. Consulting companies hire H4 EAD’s on smaller pay rate and train them and place them in client companies. If this is the trend, what’s the value of releated college degree in IT field. People who have done computer engineering degrees are now suffering to get a job in IT field as H4 EAD’s are placed in most of the jobs. If someone is getting trained in what to do, what’s then difficulty of surviving?Consulting companies are using H4 EAD’s a lot now. Please stop H4 EAD. This is damaging the importance of related college degree also. Please don’t allow this to continue like this.

    1. H4EAD Rule

      Not sure which computer engineering degrees you are referring to. I have friends who have computer engineering degrees. They are working as software engineers at Google, Facebook, Apple, Uber, Lyft etc. None of them are working as BA, QA, JD Edwards Developer, SAP Developer, Qlikview Developer, Tableau developer and any other tool that you can think of with a very high billing rate. I have seen these jobs are generally done by people who have degrees in mechanical engineering, electrical engineering, industrial engineering, MIS etc. They go to desi consulting companies to learn these tools, who then place them in different projects. I won’t be surprised if they are the people who are complaining about H4EAD. They are also the ones who are facing issues to get H1B extensions as they are working in a field that’s not related to their degree. A computer engineering graduate with even basic knowledge of computer science concepts like Data Structures, Algorithms, Deadlocks etc. will not complain about losing jobs to H4EAD, especially in this economy.

    2. Tim

      “We came legally” and knew it was TEMPORARY!! Now you want to ride on the DACA coattails, I knew this B.S. was coming…3year WORK VIsa not a lifetime here! Indians have 1) No need to assimilate when surrounded by countrymen 2) The basic fundamental reason for you even being here is by nature WRONG “we don’t have enough qualified Americans” to work with computers?? 3) The areas that H1B’s (Indians) want to settle do not have enough available housing for our own Citizens let alone you and the people you have already and hope to sponsor (chain migration) or enough room in the classrooms of our public Schools…I could go on but Remember you came here TEMPORARILY and it’s Crazy/ Insane that all you have to do is apply for a green card and get to Overstay a 3yr Visa indefinitely…LUDICROUS!!!

      1. Legal Immigrant

        We came “legally” and applied for green cards “legally” and got it approved “legally” and my case is again approved “legally” after 11 year stay. May be better make me illegal and offer a path to citizenship so that I don’t have to pay tax anymore.

  16. H4EAD Supporter

    H4 EAD stays until Green Card backlog is addressed. Off course this is privilege but waiting so long for Green Card calls for Fair Act.
    H1B workers and skilled immigrants with approved petition are 2 different sets of workers but overlapping as skilled immigrants.
    This blog is H1b fakers vs H4 EAD.
    No Americans are commenting here only Indian people threaten by h4 EAD power are freaking out.

  17. H4EAD Supporter

    This program is out of control! American tech workers are being “laid off” and replaced by lower-paid H-1B workers, plus their entire family comes over and steals the lower paying jobs in convenience stores. Also, many of them work under the table illegally. I have proof of all of this, but no one in government will listen. It’s bad enough that I can’t get an American on a customer service line, but now the Indians are taking over our country. This law is no longer needed. We have plenty of tech grads now. It has to go!

  18. JoseTamAlexMishra

    Everyone here is Indian using fake name and fake story to rescind H4 EAD. These people came with fake resume buy Green Card thru consulatant or fake marriage. Now they are upset by H4EAD unrestricted access to start business or full time job. Consulatant company’s cannot hold H4EAD Visa paperwork and therefore cannot deduct any percentage from h4 ead paycheck unlike H1b.
    Start supporting EAD for approved green card for more than 5 years backlog. H4 EAD should stay.

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