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 Saurabh1849 Comments

Last Updated : April 24th, 2018 . Check Timeline for full status updates by date.

Background:
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.
  • 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

What Happens Now – Can H4 EAD be revoked by Trump Administration ? What’s the Impact ? Current Status ?
Fall 2017  Regulatory Agenda: 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.  DHS and USCIS are working on the draft rule to send to OMB for review. Their current forecasted timeline is for June 2018 for the rule to be sent to OMB for review.  Until the new rule is published, we do not know much on what would happen to the current H4 EAD holders, etc. So, kind of unknown at this point. But, you can continue to file for H4 EAD, nothing is stopping.

Senate Letters, Requests – March, April 2018 News : Also, in the end of March many senators wrote to USCIS to reconsider removal of H4 EAD, but USCIS responded that they are framing many policies based on Buy American and Hire American EO and public will be given chance to give comments. Also, similar letter was sent in April, to Senate judiciary committee indicating that USCIS is in process of publishing regulation to remove H4 EAD. The overall message from USCIS is that they are clear on publishing regulation to remove H4 EAD. We have to wait and see, what they will do with the comments.

H4 EAD Lawsuit Update : On the lawsuit side, Court ordered on Feb 21st, 2018 to hold the case in Abeyance ( basically hold) and asked DHS to report the status within 90 days on the H4 EAD removal rule-making. Also, court denied the motion by SAVE Jobs for oral hearing…  As updated above, DHS updated court that they need more time to send the draft regulation to send to Office of Management and Budget (OMB) for review regarding the rule. 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 :

Related Articles


Comments ( 1,849 )

  1. Jay

    H4 holders are slime. They come in as dependents and then they demand rights. They know they cannot work when they came into this country. We have to watch out for these people.

    1. Leo

      Agree, the more I talked to them the more I found out they are not a simply straight person. They are another kind of evil threats to US.
      Even 7% GC for Indian per year is too much.

      I will report to: [email protected]

  2. R

    There are two countries mostly with these backlog. India and China. I have NEVER seen one China advocacy group screaming for fixing. Only the Indians scream and ask for this fix. Right now, what type of fix would you recommend such that it doesn’t skew the current plan towards that of India only? You also forget that 80% of the current H1B go to one demographic: Indians. No one has ever complained. The backlog is a result of the blatant abuse of the H1B visa which has brought millions into the country over the last 20yrs. There are currently 140,000 green cards given across Eb1 to Eb5. Only 7% allocated per country so that all 140,000 don’t go to a single demographic to make it fair. Each category get 1960 visas per country. That is fair enough. It is called controlled immigration. The US has the right to control the number of people that come into its country. Also, the H1B is meant to be used to bring in people from the entire world and not from India for technology. What about other fields of study: Media, Business, Arts, Architecture. Do you know how many students(NON-STEM) from other countries go back to their countries because they cant get H1B and dont make a fuss about it? Why is it that the moment one Indian has to return it is because they are hated? The entitlement mentality has to stop entirely. If the government feels they can overturn the H4 then so be it. They can do that. The H4 is predominantly Indian..over 94%, that will become another avenue for abuse if it is not curbed right now. Right now, I even believe a quota should be placed on H1B to further reduce the abuse so everyone gets a fair chance at the lottery. If you abuse it, then you should abuse it for your own demographic rather than for all. Right now, the green card process is fine as it is, it is the abuse of the H1B that needs to stop so the backlog can end

  3. Sandeep

    Wow this is outrageous. My wife and I make a total of 400k a year. And she is on EAD. We are waiting for GC for years…. just give the GC instead so she can also utilize her skills and contribute to American economy. The jobs we do are at the top of the cutting edge. I take interview everyday. There aren’t any American for thes jobs. And the pay is awesome. So don’t tell me these are $10/hour jobs. Just an unfair system.

    1. lakshmi

      I agree with you as always first priority goes to American citizens. If they did not find any then later they look for H1/EAD people.

      1. Anti H4EAD

        Who said that, “always first priority goes to American citizens”. American Citizen and GC profiles are rejected and considered H1 and H4 EAD people as they are entering with references and high recommendations.

    2. ENDH4&H1

      @Sandeep. It seems at this point that you are contributing to your own economy than Americas. I respect your and your wives talent. But we do not need it. Nobody is indispensable. I do not agree that Americans are not available. Maybe, they are available at higher price. And that is the whole issue that not only you have taken jobs away, you have made IT market stagnant from a per hour rate perspective.

      People like you who are talented should work with your fellow countrymen to stop abuse of our system. GC will come as per process. You know that more than immigration policy, your own folks have choked the system.

      1. Sandeep

        ENDH1&H4 : I thought this was a capitalist economy. What you are saying sounds a lot like a Nationalist or Socialist economy. I thought in Capitalist economy it was believed that if you have goods to deliver than he or she should be given a fair chance. I have lived my life here for 9 years. Would you like me to uproot everything and leave? Please don’t take offense for what I’m about to say…. a job that’s worth 100k one will never get 150k. What you are saying is by sending talented people back you want to create an artificial shortage and bump up the price for those jobs even further…. but I can guarantee you a person who is unemployable will not employed for 100k or 80k or 150k because there is a certain bar you have to meet. I can guarantee you there are much more jobs than there is supply in my field. We have been looking for a talented engineer for 3 months, forget about Americans there was not a single Indian we could find to hire. So, sir you are delusional when you say there are people to take these jobs. And I understand that you don’t want me to be here. But I didn’t come illegally. I came through proper channels.. your companies sought me after. Yes I would recommend to the youth that don’t come here since this country has become an alien land and the American Dream is a distant mirage. But it’s harder for people who have been living here for years. This is the country I have known as home.

      2. Sandeep

        Although I agree that some people have abused the system. And they should be cracked down upon. But know that it will hurt the real talent. Know that CEOs of top tech company came on H1B as well. There wouldn’t have been Silicon Valley without us. I’m not trying to be arrogant. Just stating the facts.

        And talk about stagnation… I know people including me who started at a humble salary of 65k a year and now at 250k a year. A house in Silicon Valley. Please try to buy a house in CA and tell me the market is stagnant…

        1. Sandeep

          @Leo I’m in Silicon Valley and I own a home here. Good for you that you were making more than my wife and I combined. You lost half of your income because of H4EAD? How so? How was your high paying job replaced by an H4 worker? No show off here just telling you the facts.

    3. Leo1

      @Sandeep
      Don’t show off you tiny number in US. Come to Silicon Valley see how expensive the houses are, and you will figure out how much we are making.
      I was making more than you couple’s income combined. After Obama (listened to FB ceo) created H4EAD, my income got half cut.
      Now I can claim what I supposed to get thanks to DHS chief.

      [email protected]

      1. Sandeep

        @Leo1 I’m in Silicon Valley and I own a home here. Good for you that you were making more than my wife and I combined. You lost half of your income because of H4EAD? How so? How was your high paying job replaced by an H4 worker? No show off here just telling you the facts.

        1. Leo

          You are so naive, too new to our biz. You can never know and aren’t able to do what I am doing.
          No h1b or H4EAD can replace me.
          They are hurting my biz income that’s why I spend so much effort to abolish them.

          Got it ?
          Too much information (TMI)

          1. Sandeep

            Oh So there you go Contradicting yourself. Then how is H1B of any problem to you or anyone. That’s what I meant when I said if you have real talent no one can replace you. So the very argument that H1B is taking away American jobs is a big BS. And Don’t you compare your salary through a biz with a salaried employee. There are H1B who are making much more than you ever will. Case in point CEO of Google or MS or numerous other companies. Do you think Google is not helping America’s economy? Elon Musk was an H1B and now he is the most celebrated Enterprenaur in the history of America. So stop giving you hollow arguments that immigrants are taking away jobs. We are creating an entirely new industry…

            And you still haven’t answered btw how H4 EAD caused you to lose your income…

            Just don’t post for argument sake… Facts only.. please!

          2. Sandeep

            Leo1

            You should read this paper which clearly states that H1B are more expensive to hire and a company spends more money on them than the native counter parts

            https://nfap.com/wp-content/uploads/2018/04/H-1B-Visas-By-The-Number-FY-2017.NFAP-Policy-Brief.April-2018.pdf

            So say all you want but it ain’t going to change the fact that H1B decreases income. I’m sorry that your income reduced but that’s probably because your skills were outdated or your biz product that you make might not be relevant any more.

            May be you need to hire few H1Bs to turn your biz around 😛😛

          3. H4EAD Supporter

            @Leo H1 and H4 don’t work on mowing lawns so not sure how it impacts your so called Biz. 😂😂😂😂

          4. Leo

            TMI to your guys. @H4EAD Supporter, @Sandeep
            My biz is massage parlor. On the same street a H4EAD opened another one with 1/3 of my price stealing my customers. They polished their skill set and put up fake resume to compete with my biz.

            With these kind of mentalities and behavior they dare to demand us removing per country GC cap rule to clear GC backlog.

            Keep dreaming LOSER
            HAHAHA

    4. Kumar

      First of all Sandeep in Usa it’s is a general etiquette not to discuss about salary . It’s not India that you will brag about your earning. Second question no need to say what you own here. Simple in USA first preference is gc holders and us citizen does not matter how much you earn . There are many corrupt business man in the world who will buy your entire family in a second will not get American citizenship ok. H4ead will end and wage level of H1B will go up. Harsh reality but true . Consider me as a neutral person since I am planning to go back.

  4. Ana

    I was really shocked when I read many of the comments posted here . People here are either ignorant or they know the facts but they don’t want to acknowledge it.

    1)H4 EAD is not even 0.056% of the total work force.
    2)Highest paid jobs are limited to GC holder and US citizen
    3)Most of the jobs opening are strictly for non visa holder
    4)Fake resumes can be used by anyone don’t only blame H4 EAD.
    5) No one is stealing job from anyone if you can’t compete with these people who had gaps in the jobs and still trying their best to start their life blame yourself.

    The unfortunate things is not all Indians are united for this case we should learn from DACA case.

    I have many colleagues who are on H4 EAD they are working really hard and they honestly spoke about the gaps in their resume.

    Well if you can’t say any good thing at least be courteous and I am hopeful that how the court has tackled DACA case they will surely give a chance to H4 EAD too.

    All the best and please don’t listen to these negative things they are not worth your time.

    And all h1b holders , opt , L1B all the best for your extension too. Hopefully someday we can agree that it is better to be united than being divided on these cases at the end of the day we all are trying our best to do our work and contributing to the economy.

    And no one is denying the fact that American should be given first priority and which is fair and it is their right. So instead of fighting start respecting each other life is so short for these things.

      1. EAD working

        @Ann
        I respect your opinion. I had the same feeling.

        @Leo as Ann said ….no one is denying the fact that American should be given first priority and which is fair and it is your right. So instead of fighting start respecting each other.

      2. H4EAD Supporter

        Sam I think you need to shut up and get life. You pea size brain can’t type more than that. I wonder why you don’t have a job. I won’t hire you if you are last person on this planet.

    1. Leo

      B.S Ana, not all of people in this board are same kind as yours (Indian).
      We come here to warm you its time to pack your pack. Your good time is over.
      WTF is 0.056% ?
      In Silicon Valley every companies’ IT team is 93% H1b/H4EADs combined.

      Time to report them to DHS:

      [email protected]

      1. ANA

        Thanks for your concern Leo but I am a GC holder and waiting for my citizenship. And I stay in Sillicon valley but your facts are misleading I agree majority are Indians in IT but they won’t be more than 50% in the total workflow.

        1. Leo

          50% in Silicon Valley? you kidding right,
          Look at Apple, Walmart… blocks of buildings in Sunnyvale: 94% of them are Indian.

          1. BB

            https://www.google.com/amp/www.timesnownews.com/amp/international/article/indians-us-silicon-valley-seattle-40-per-cent-indian-immigrants-microsoft-amazon-boeing-it-professionals-h-1b-visas/189987
            your facts are not accurate. In Bay Area 71 percent of total people working in technology are foreign born(mostly Asians). So I don’t how you are telling 90% of them are Indians. And for all other people stay in peace and harmony and God bless you all.

        2. Leo

          It says Silicon Valley is overly dependent, 70 percent, on foreign tech workers in IT occupation, the report in The Seattle Times said.
          But this number is from the company itself (like apple, cisco, ebay, google..).
          The number doesn’t include the consultants sent to the client sites (like apple, cisco, ebay, google..) from Infosys, TCS or some smaller ones (like BayOne, eSolutions…). Company itself don’t have these numbers as which contractors are H1b or citizens.

          You can count the Indians by randomly go to each buildings. More than 90% of them are Indians.

      1. BB

        Yes they can apply for h1b or
        L1b but instead of blaming others, can’t we all stay together and support and start appreciating each other. Why we are so mean to each other in this platform. Telling some one to pack their bags and going back is not at all appreciated.

    2. Anti H4 EAD

      @Ana:
      Please see the responses for your analysis
      1)H4 EAD is not even 0.056% of the total work force.
      is taking away nearly 90000 jobs of americans. Most of them are primary house hold jobs.
      2)Highest paid jobs are limited to GC holder and US citizen.
      this is a myth, h1 and h4EAD are playing major roles with high recommendations.
      4)Fake resumes can be used by anyone don’t only blame H4 EAD.
      maximum by h4ead.

      5) No one is stealing job from anyone if you can’t compete with these people who had gaps in the jobs and still trying their best to start their life blame yourself.
      Person does not have experience is talking about competing. husband on h1 in contract in one company. spouse with h4ead enters in the same company as a full time resource(with recommendation).

      h4 ead work permit has to be taken away. spouce having 2nd job at home with h4 ead. but here basic primary job holder is losing job because of them.

    3. ENDH4&H1

      @Ana – Let me put some thoughts across so you can understand why we are against H4 and H1B –
      1)H4 EAD is not even 0.056% of the total work force.

      Why should we even give 1 job out, forget 0.056%? We want to ‘buy American, Hire American’. If required, we need to train our workforce.

      2)Highest paid jobs are limited to GC holder and US citizen

      It is a myth. You can negotiate whatever you want if you have right skill set. There can be no discrimination based on visa status. If you have any facts, report that company to appropriate authorities.

      3)Most of the jobs opening are strictly for non visa holder

      Yes. Why should we open any job to outsiders? And to let you know, companies who do not want to deal with legal/visa issues, have job openings strictly for GC/US Citizens.

      4)Fake resumes can be used by anyone don’t only blame H4 EAD.

      So at least you agree that H4 EAD folks use fake resume. Don’t you know that those fake resumes are created by body shops, interviewed by their own people, and at every level their is a cut. We do not want to open our jobs to H1/H 4 EAD. Period.
      5) No one is stealing job from anyone if you can’t compete with these people who had gaps in the jobs and still trying their best to start their life blame yourself.
      Why should I let somebody steal from my country at first place? And why should I compete with Indians for that matter? You all misuse the system, abuse it and asking us to blame ourselves. Ridiculous.

      H4 folks came as dependent on H1. They knew it from first day when they landed on American soil. If they were so passionate about utilizing their skill set, why you have not contributed to your own country India? It is time for USCIS to change system, and they are doing a good job!

      1. H4EAD Supporter

        Hire American buy American, is such a BS. You only care about your selfish gain. Everything you use is exported from China. You won’t pay dime extra for American products. Companies didn’t move manufacturing to China had they have market for US products. So your double standards speaks for it self. To all those that are celebrating H4EAD revoke, your incompetency is not taking you anywhere. And H4EAD will continue to move find their path. As to revoking H1, good luck with that. It is not going anywhere. We are here to stay and you can cry all you want. You want immigrats to leave, first make all American corporates stop exploiting developing markets. You want them to sell stuff in every part of the world because that is competition but you want to protect your jobs. Total double standards.

  5. SAM

    H4 EAD has ended!!
    https://www.firstpost.com/world/h4-ead-uscis-chief-confirms-its-end-of-the-road-for-h4-work-permits-tighter-rules-on-h1b-payscales-coming-soon-4443247.html

    https://timesofindia.indiatimes.com/india/startup-visas-work-permits-for-spouses-of-h-1b-visa-holders-to-go/articleshow/63900821.cms

    1. Leo

      Under DHS’s new rule: A computer programmer would not automatically be considered as a ‘speciality’ occupation eligible for an H-1B visa.
      Thus all of the already-approved GC petittions will be reviewed and most of them will be disqualified and removed from GC waiting list.

      So DHS has resolved the issue: more than 10 years GC backlog for Indian citizens.

      H4EADs please don’t use GC backlog to bribe your congressmen, otherwise we will report you to:

      [email protected]

    1. Leo

      No. you can use them all, transfer your work to citizens completely, and end it with good terms.
      Hope you can migrate to H1b.

      1. Anand

        I am on F1 Stem Opt. Last attempt of H1b and haven’t received any update on it yet. Wondering whether I should cos to H4 and apply for an EAD. Perhaps it’s too late for it.

  6. lakshmi

    The one who has H4 EAD no need to pay taxes as much as H1 people are paying. H4 EAD persons can stay without job and no need to pay taxes.
    H4 EAD people can work with any employer like a citizen But for H1 people this is a big challenge changing employer /transferring to a client and that to H1’s have to pay more taxes during this process.
    H4 EAD people can work on any payroll not like H1.
    H1 people has to maintain certain payroll basis to work in this country not less than XX… bugs…
    I think this is the reason most of the companies/etc.. are giving more preference to H4 EAD than H1 and H1 people are having less opportunities compared to H4 EAD.
    I am not against to H4 EAD but I would say rules should be favor to H1 also.

    1. ENDH4&H1

      Finally, we are one step closer to revoke H4 EAD. Hope this happens soon and Americans can get back to work in IT area!

      Next step is to end H1B!

      1. X

        No one are fools here this is just a place where we can share our thoughts . World is not small and it is not something our life ends if there is no H1 / H4 /….. We do have lot of option because this is life and it is society, we are part of it.

  7. Ash

    Dear friends,
    First of all why do you think H1 and H4 causing job loss. Just go to any store and 98% of products are made outside of USA. Why not Americans buy made in USA products if you are a true american and concerned about American jobs.
    Bring manufacturing to USA then jobs will come automatically.
    If you remove H1/H4, the IT jobs will move to offshore as it is the most easiest job to outsource and Americans will even loose more jobs.

    1. H4EAD Supporter

      Due to nature of IT work, IT development work cannot be outsourced, only QA maybe. In 2003 period we have experimented it.

  8. Dennis

    People who are worried about H-4 EAD are worrying about the wrong thing. If the main H-1B will now be denied, the H-4 becomes moot, even if I-140 has been approved.

    H-1B will now be denied for the following situation:
    1. Ordinary IT jobs such as DBA, software engineer, computer programmer, QA etc.
    2. Any H-1b working through staffing companies.

    All I-140 approved petitions will have to return to their country to wait many years for an available number. Siblings of U.S. citizens with approved immigrant petitions already have to wait many years abroad for an available number.

    Waiting abroad for an available number is not a new concept.

  9. TM

    H4 ead will be removed from employment authorization. There will be more opportunities for Americans.

    https://www.judiciary.senate.gov/imo/media/doc/2018-04-04%20USCIS%20to%20CEG%20-%20Buy%20America%2C%20Hire%20America%20update.pdf

  10. SAM

    https://www.firstpost.com/world/h4-ead-uscis-chief-confirms-its-end-of-the-road-for-h4-work-permits-tighter-rules-on-h1b-payscales-coming-soon-4443247.html

    H4 EAD: USCIS chief signals it’s end of the road for H4 work permits; tighter rules on H1B payscales coming soon

  11. Sam

    H4-EAD program will be going to stay but be prepare for some significant changes, I’m expecting an implementation of some merit-based rule here as well like Master’s Degree, Previous Work Exp, Minimum Salary Expectations etc. If you qualify, you can retain your EAD. H4-EAD will no longer be a work-permit to work at Walmart or drive Uber.

  12. Citizens and EAD supporter

    I am on H4 EAD and working as a DBA. I don’t think anybody is jealous or insecure of H4 EAD.
    As an American, Someone would expect of getting high priority in their country than anyone else from a different country who are here for their jobs. We should appreciate this country for giving us chance to explore in our careers. What can one do when unlimited people are immigrating and taking the priorities of the citizens. We should stop fighting among ourselves. The Govt should work on giving equal opportunity to everyone.

    Before removing H4 EAD Government should consider the following steps.

    -> Remove U.S Green card lottery (Diversity Visa) -> GC is given to some countries randomly in lottery instead of considering their qualification and see how useful are these people for the country ( Trump wants this to be removed too).

    -> H1 and H4 EAD people pay a lot of taxes( Even in H1 and H4 only most qualified and eligible people has jobs. People who are not much talented they don’t get jobs that easily. After struggling for many years they finally go back to their country.

    -> After American citizens , Talented H1 and Foreign Students to be considered for some jobs and H4 EAD.

    ->Companies should make a priority list. If a Company has no citizen/H1/grad student then they can select a H4 EAD candidate. I can see the companies already taking steps that consider citizens first for any job which is right according to me because this is their country and they don’t have any other option than leaving to some other country to work which is not good.

  13. H4EAD Supporter

    @Leo I can’t even say you are naive. There is no excuse to behavior that show lack of good sense. And yes if you are threaten by newly working force H4EAD you are low level IT guy. Simple logic you been working for years and you are job can be replaced by some one as you have said don’t have much experience. As to me you are lightening years far to even comprehend what I do. You racist, sexist and that proves your level of intellect.

    1. Jay

      @H4EAD Supporter – why are you being naive??? Laws change for the good of the citizens. Why don’t you take your own suggestion and start packing? Jobs are livelihood and personal. Do you think your spouse should leave you and find someone younger and better when you get older, and get rid of your old self?

  14. TM

    A careful reading of the USCIS response – “the public will be given an opportunity to provide feedback during a notice and comment period” – suggests the writing is on the wall for H4 work permits. Proposed rules have a typical 60 day notice period for comment before they get cast in stone.

    https://www.uscis.gov/sites/default/files/files/nativedocuments/Employment_Authorization_for_Certain_H-4_Nonimmigrants_-_Representative_Eshoo.pdf

    1. TM

      H4 EAD news April 19, 2018 – In a letter to 15 US lawmakers, USCIS chief Francis Cissna indicated that the new administration wants to revoke H4 EAD work permits for more than 100,000 spouses of H1B visa holders. When lawmakers requested the new administration to reconsider its plan to revoke H4 EAD, Cissna responded with a crisp one-pager. A careful reading of the USCIS response – “the public will be given an opportunity to provide feedback during a notice and comment period” suggests the time for revoking H4 work permits is close.

    2. Jim

      Congressmen requested DHS to reconsider the revocation of H4EAD, and Secretary Nielsen disregarded them. Instead she had her assistant wrote a short message to these congressmen that we will collect your feedback during notice and comment period, and we won’t reconsider the revocation.
      What a strong signal, I like her already.

      H4EAD is toasted.

  15. Meenu

    Not only American due to h4 ead h1 ppl position also getting sacked. One of my friend company asked him to go back to India n his position is replaced with an h4 ead as the payment is less for h4 ead than h1b

      1. H4EAD Supporter

        @Leo you live in your delusional world where your email is the only thing DHS is waiting for. Your emails only go in trash box. You think these big corporates are not going to protect their employees and their credibility. Rather than wasting time on hoax threats go get some skills and you might be able to get low end IT jobs you so much wanted protect.

        1. Leo

          @H4EAD Supporter
          Hey why are you crying ? sad? You should feel lucky as your husband still has H1b job now.
          That is revenge from American. When you made double income, there were so many American suffering.

          Next target is H1b, get ready to pack your bag

    1. Ok

      I bet that Indian body shop don’t follow rules , don’t pay their employees . Just report to USCIS .. so they will close that company

  16. We Indians hate each other

    “I’ve paid a body shop 3 times to file my H1b to be able to go to Amreeka and be eligible for a handsome dowry like my other loser friends but my application is not getting picked up in the lottery. To add to my chagrin: here are my fellow desis who get an EAD just by being ahead of me in the line for PR? OMG OMG. I’m going to pretend to be a gora and abuse those people just because I’m a loser who can do nothing else but to write in extremely poor English about how I am an American and I lost my job which I never had in the first place.”

    – Every loser here in this forum sitting in Hyderabad, watching his dollar dreams going down the drain.

  17. ENDH4&H1

    What is wrong in that? Will you not be insecure if some people from other country come and snatch your job. If the world is so global in nature, then why define countries.
    And from where you got this in your head that an American having a different opinion then yours is not talented or qualified as you are?

    Do you forget that you came so far in search of job through a system set up by our country. When you start misusing it, we will be jealous and want all of you to go back.

  18. Annie Agarwal

    Note: I’m Not Generalizing All The American People, But A Lot Of Them Who Filed The Case Are Of Such Nature.

    It’s all the insecurity and jealousy of Americans, they filed a case against the H4 EAD rule because they’re not talented enough to compete with us and just want to remove us from competition, making it easy for them to get jobs they’re not good at. It’s difficult for them because we are highly qualified and better at the jobs than they are.

    1. ENDH4&H1

      What is wrong in that? Will you not be insecure if some people from other country come and snatch your job. If the world is so global in nature, then why define countries.
      And from where you got this in your head that an American having a different opinion then yours is not talented or qualified as you are?

      Do you forget that you came so far in search of job through a system set up by our country. When you start misusing it, we will be jealous and want all of you to go back.

  19. Jim

    honestly… uscis need to scrutinize h1bs who already got converted to GC/Citz… they were real culprits, who opened back door channels for their kickbacks, corruption and fraud based lobbism.. trillions of deals of hardware, rather software (including software support) deals are one of the largest fraud ever happened to… … software jobs that Americans can even better hands on them are given to h1b.. bllschet… this is a deliberate act of killing Americans.

      1. Leo

        I believe it exceeds 200k now. I saw more and more Indian women working in Silicon Valley big companies. At lunch time they sit together eating their home-made sticnky watery food with their right hands.
        Company CEOs should kick them out if they see them.

        1. H4EAD Supporter

          @Leo you each message with racist attack and derogatory comments on women and others only proves your frustration with your life and your insignificance to this society. You need serious help, get your self checked and hope your doctor is not an immigrant woman doctor. 🤣🤣🤣

        2. 4th time aspirant

          if you had focused so much on your career as you are focusing on the women eating stinky watery food, you wouldnt have to worry about people taking your jobs.

          1. H4EAD Supporter

            @4th time Love that comment, of course Leo doesn’t have many skills to contribute in any other way.

        3. Legal

          @Leo, Hope you need to get treated as you don’t have the right to comment on race. EAD is not only for women lot of men also can have it. My spouse got EAD last month and also job this week. will start to work from next month, that is the commitment and zeal to get what they need. You simply keep passing comments on others and waste your time. I pitty you.

  20. We Indians hate each other

    This comment section is an atrocity, seriously; this copy-pasta is worst than what they do on Breitbart. Whatever has to happen, will happen- there is no point fighting here because it’s in the hands of none of you armchair right-wing activists and economists. I know a bunch of people on H4EAD who work exceptionally hard and with double the vigor that their co-workers do. These are good people who are waiting to get Permanent Residency and there is no reason that they should not be given an opportunity to work here. Indian immigrants are some of the best that there are around the world. They are hard-working, law-abiding people with exceptionally low crime rates. So I just want to tell my sisters and brothers on H4EAD to not lose hope and to not listen to these vile, poisonous people who tell you that you are not worth your salt. Take care, God bless and avoid this comment section like the plague.

  21. Sm

    H1B abuse is real. Anybody working in IT knows it and the many first-hand comments on this page show that.
    An H1B visa is not a family visa. It is a visa for one person for one job. H1B is not a passage way to a green card. If H1B visa applicants do not understand that then maybe they need to better educated. Abuse of the system by large Indian outsourcing companies should not change make us question our laws – it should make us enforce our laws. Unfortunately the tech lobby is very strong in preventing that.
    The simplest solution would be to limit H1B to Masters degree and above of fully accredited foreign universities. That would prevent half of the abuse (as already described in several comments).

    Second, once approved for a green card the applicants enter into the quota system for green cards and the long waiting period is a simple result of Indian applicants outnumbering the quotas for India – nothing else. This has been in place for decades. Mexicans have no chance of receiving a green card once approved for example, approved applicants from Lithuania, Germany, or Namibia on the other hands just wait 1-2 years. The quotas are set to keep the immigration pool into the US diverse. What is wrong with that? The issue now arises since Indians far outnumber their allotted quota due to the H1B abuse.
    Again, change the program, help skilled US labor, and in turn those approved for green cards from India will wait a reasonable amount of time as they did before.

    1. Leo

      No country can have more than 7% of yearly quota. If like you say, every corner of our soil would see Indians. It’s like INDIA invading our soil.
      You can dream for it day and night.

        1. Sm

          if there is anyone who is crying loud and clear that is you @H4EAD. Shame on you. Why hopping from country to country like shame*les* beggars. Why cant you stay at your shi*t hole where you came from

      1. 4th time aspirant

        that 7% rule is very logical. Of course a tiny country in middle east or africa deserves same number of GC applications as larger countries like India and China. It doesnt matter whether they are qualified or not.
        Oh.. and dont forget doors are open for them through diversity visa as well. Where unknown people from high risk countries can get in directly on green cards and take away all the jobs… but who cares.. because F..k logic.

        1. Sm

          Well who are you to ask? you are not a citizen and you dont belong here. If you dont think its fair, no one is stopping you to leave.

          1. R

            Every id*i*t has a logic in a foreign country. Why cant you show your insane logical skills in your home country. Appreciate the fact that you atleast got a chance to be here. Its time to pack up ..leave and serve your highly valuable skills to your birth country.

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.