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 Saurabh2210 Comments

Last Updated : May 23rd, 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
    • 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

What Happens Now – Can H4 EAD be revoked by Trump Administration ? What’s the Impact ? Current Status ?
Spring 2018  Regulatory Agenda: As you can see most recent update above, we have agenda item called “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”  that it is now part of the Spring 2018 Regulatory agenda. It was initially part of Fall 2017 agenda with a timeline of Feb 2018, but due to the complexity of the rule DHS asked for extended timeline with court for lawsuit and since then the timeline in the Spring 2018 regulatory agenda is updated with NPRM set to happen in June 2018.   Keeping the H4 lawsuit aside, now it has moved to a stage where the it has published agenda item to remove the H4 EAD rule.  June 2018 is the timeline for the rule to be sent to OMB for review. DHS and USCIS are working on the draft rule to send 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 you.

Members of Congress Letters, Requests – March, April 2018 News : Also, in the end of March many members of congress 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.

May 2018 News Update : Despite all the letters from members of congress, the most recent update from DHS to court on May 23, 2018 is that they will go ahead with NPRM once the final clearance is complete.

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 Spring 2018 regulation update ?

Reference :

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Comments ( 2,210 )

  1. Majority H1b have stolen others work

    From past two years I am reading this forum. So many people post against h4 ead. You never deleted their post.

    Why only mine? Coz I wrote against H1b ? My co workers has stolen my hard work . They are not genuine H1b people.
    ..
    If you delete my posts.. I will post my co workers LinkedIn’s profile on other social media platform and their community based manager profile.

    Many of my juniors resigned after they saw what happen to me. Cuz they saw me working on weekends and extended hours.

    They already are aware of that persons wrong doings.

  2. All H1b people are not deserving to be here

    Why you deleted all my posts?
    ..
    I just said simple thing all h1bs are not genuine people and all h4 ead are not fake. And I gave the example from my experiences putting my point.
    ..
    Daily you delete my post.
    ..
    I will on other social media directly with people LinkedIn profile.

  3. XOXO

    Suit against new limits on STEM students in US

    Read more at:
    http://timesofindia.indiatimes.com/articleshow/65031805.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

  4. Neha

    All of these new rules from DHS are meant to clear GC backlog which is a good thing for most of H1b. If we want to clear this backlog faster, we should start writing emails about the wrong doings of your co-workers to
    [email protected]

    1. Praveena

      H4 EAD should be the one which go away first. If you dig past, H4 EAD caused all these issues. With all the house wifes sitting at home started working on H4 EAD with fake experience, many lost their job. They should have imposed strict restrictions while giving h4 EAD holders working in IT or relevant field. Seriously telling, how many h4 EAD holders misused IT jobs by doing some basic training and got hired. That was the start of all the troubles. Because of them all got in to trouble.

      1. Mekha

        Very true. Most of H1b people have atleast engineering degree in some fields and prior experience. If you look at h4 EAD ladies, 9 out of 10 are not genuine, They just got in IT jobs with fake experience, And now all the scrutiny on H1. There are many beauticians, teachers, stylists, plus 2 holders, nurses, or not even employed anywhere before now working in IT jobs with H4 EAD.

        1. Mohit

          Well I agree that most of H4 EAD workers are not genuine but what about those who are genuine? Same is the case with H1B visa holders. Let’s face the fact that people have abused the liberty to work but aim should be to filter out good candidates. If a candidate has studies here or done some kind of academics the those should be preferred.
          Eliminating H4 EAD or H1B completely is not a solution.

        2. Seema

          Oh please. It’s not true at all. There are Fake people on OPT’s, H1’s, L1’s, L2’S and H4’s. Don’t blame just the h4.

          Glad you spoke about some engineering degree, but I have Master’s from a reputed School and I am on h4 EAD.

          I paid more than what you have paid for your employer or whatsoever for your H1. I have studied here, did my thesis here and I have genuine work experience.

          How in the world you talk about revoking h4 ead. All my friends here have Master’s from reputed schools and they are on h4 ead’s. There are lot of genuine people too.

          Fake people are everywhere. The organizations have to scrutinize and hire the best. That’s the solution. Show some respect to us. By the way, we are more deserved than you.!!

  5. lawyer

    More notes from Policy Memorandum -USCIS-13th July 2018 on RFE and Notice of intend to deny(NOID)
    All:
    The purpose of the policy memorandum was:
    This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not
    submitted or if the evidence in the record does not establish eligibility.

    More from the policy: The current Policy memorandum over rides the year 2013 Policy on RFE’s. Go through the background on page 2 of 8 and you will be coming across below content…

    The policy implemented in this PM rescinds the 2013 PM’s “no possibility” policy and restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID,
    when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence. It is not intended to penalize filers for innocent mistakes
    or misunderstandings of evidentiary requirements.

    My suggestion to all H1’s:

    The H1 beneficiary whoever H1 petition is in process by the service centers under normal processing and if you think that it can take longer then 11th Sept 2018 then I advice the beneficiary to convert the normal process to premium process and get back the H1 before 11th Sept 2018 since the RFE Policy will be in affect from 11th Sept 2018 where there will be only denials but no more RFE’s will be sent by USCIS to the petitioner….

    You can download the Policy memorandum at below link:

    https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

    All—Kindly have a close look at any future policies that are related to your visa and be alert always as current immigration policies will only hurt the immigrants/non-immigrants community including economy –why I am saying economy is due to this policy –almost 75% of H1’s will be gone since they were more then 75% were issued RFE and if no RFE policy then direct denial notice will be sent and it also mentions to leave the country immediately and much more…….As per current year the 78% was issued RFE on H1 Cases and this information is based on USCIS meetings with the immigration law community…

    Hope above info helps H1 community of Indians/Asians…

      1. lawyer

        No RFE Policy applies for all visa categories except DACA recipients due to federal court order.Fyi-this policy will be in affect from 11th Sept 2018 onwards.Go through the policy memorandum dated 13th july on rfe and noid.,if you still have doubts contact any immigration lawyer.

  6. SaveH1B

    Guys Try to save H1b first, instead of running after H4 EAD.
    We need to focus on SaveH1B, not save H4EAD. If H1b is gone there is no H4.
    Guys Wake UP!!

    1. Clear GC Backlog

      What all issues to focus on !! They are so many related to one another .All will be cleared if the GC moves and completed its cycle in a respectable time……..It would help people who have been for 2-3 years to more than 10 years .Would help the spouses/families/ and the aging out Kids!!

  7. lawyer

    All,
    the policy memorandum having subject – issuance of certain rfe and noid is released on 13th july and is of 8 pages.all h1b and other non immigrant and immigrant visa holders need to check out,as this is much more severe policy then notice to appear as this eliminates people who want to settle down in usa after spending lakhs of rupees on academics. also this is too risky for people who own a house as it cannot be sold in one day.,since denial notice will mention to leave the country immediately .my best advice is- apply for h1 ext or transfers well in advance atleast 6 months before your h1 expires and apply via premium since normal processing takes more then 8 months in few cases to get the outcome of the h1 petition. hope above info helps h1b holders,

  8. lawyer

    All,
    No more RFE policy just denials as per new policy that cameup today from USCIS and this is going to be effective from 11th Sept 2018.That means as per uscis,there was 78% rfe on quota cases and that all will get denied under new policy.
    check uscis policy -new policy on rfe on Google. there is full lengthy policy of multiple pages….read and i guess this will impact 60% of indians as well as economy.

  9. LOLA

    Trump admin arms officials to reject H-1B applications outri ..

    Read more at:
    http://timesofindia.indiatimes.com/articleshow/65002288.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

    1. AVOID BAD rumours-believe and stay positive!

      PLEASE do not give an ear to the Indian newspapers!! they are notoriously famous of making a mountain out of a Mole!!! read the reliable sources and find out the facts yourself and do not spread rumours!

  10. Lawyer

    All,
    Look at the below link on – “Even with a green card, an immigrant can be deported under new guidelines”. This news is from yahoo.com

    https://www.yahoo.com/news/m/02802e99-320e-3439-bbd0-ce97d3030690/ss_even-with-a-green-card%2C-an.html

    1. Jim

      DHS is starting clearing the GC backlog for Indians. Now you don’t need to wait 10 + years. Actually it’s good news for most of H1b except those got deported.

      Cheers !

      1. GC clearing-new hope

        where did you hear this? I see no news/updates for :DHS is starting clearing the GC backlog for Indians.

        Even though I wish from my heart!!

  11. H1B

    Many H-1B visa holders could find themselves facing deportation proceedings if their application for a visa extension or change of status has been rejected and the tenure of stay granted originally by the US authorities (as reflected in Form 1-94) has expired. To make matters worse, despite no longer holding on to a job, they would have to stay on in the US for several months, waiting to be heard by an immigration judge.

    Read more at:
    http://timesofindia.indiatimes.com/articleshow/64982365.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

  12. was H4 ead hopeful :(

    Don’t marry H1b visa holders ever…

    I was supposed to apply h4 had this year. The moment news came of his removal my husband doesn’t want to have kids with me any more. Coz he want to maintain his materialistic life and don’t want financial burden of kid on him alone anymore as I won’t be able to work ever here. Neither he want to go back to India since he gets awesome package. What should I do now? No job, No kids. my IT experience is spoiled. I would have been an IT manager by now. 🙁 🙁

    Pleaseeeee give h4 ead .
    To live in India without husband and kids is worst nightmare. People will eat you up.

    1. H4 Suppoter

      Looks like fake story ….

      If husband has awesome package and doesn’t want to go back to India, I guess he wouldn’t mind to having child here in USA

  13. Pawan

    Why no one is showing protest against this? USCIS needs no reason to reject H1 petitions now. Then what’s the point of 240 stay rule waiting for visa extension even after I94 expired. There were lot of campaigns protests agaist H4 ead removal, stating that double income was going away with H4 EAD removal. Think about this scary situation then. And no protests, no questions, no concerns and worries. Sources or Indian news papers should make this one a big chaos instead of H4 EAD removal.

    1. Desi_Balls

      USCIS is doing everything with in the law. I hope you understand what you are saying, you are saying foreign newspapers to raise voice against US agency that’s enforcing the laws.

      USCIS is getting annoyed by H1b applicants who keep filing H1b transfers with the same client but different employers when a transfer gets denied. That’s why they are waiting for I-94 to expire and then denying the extension or transfers after RFEs. And then will follow up with NTA.

    2. Aspiring H1B

      If you read the analysis in the Forbes article, the impact of changes to the “Notice To Appear” are not limited to H1 or H4. It affects all visa categories and IMO a catch all to push Trump agenda even if courts block any other Trump regulation or executive order. IMO, do not come to US if you have the remotest doubt about your visa / immigration status timeline. Near term other countries will benefit as they open their doors for skilled labor without such draconian “damned if you do , damned if you don’t” policies. Those on H1 and H4 who are “hoping” for things to change, should be smart enough to read the consequences of this new Notice to Appear and possibility of automatic 5 or 10 year ban. Thanks to Forbes for putting together a readable article.

  14. Aspiring H1B

    New USCIS Policy Will Carry Harsh Consequences For Applicants:

    https://www.forbes.com/sites/stuartanderson/2018/07/11/new-uscis-policy-will-carry-harsh-consequences-for-applicants/

    Whether or not H4 EAD situation is resolved either way, read the above article and start forming your long term plans. The change in the Notice to Appear and automatic 10 year bar is scary. Not sure I would want to subject any decent human being through this level of uncertainty.

  15. R

    Your hate and ignorance is beyond my thinking.
    1. TELGUS, u mean Telugus ? Its a south indian language. It has nothing to do with Punjabi. They dont even understand each other language, some do.
    2. You are not talking about how students survive and pay for themselves, about rent others.
    3. Whats wrong in working overtime, they work in small stores i guess to make ends meet. Are u that desparate to work in cash counters.
    4. The student situation there has nothing to do with immigration issues here in America.
    5. Wake up and try to learn realities and background before posting stupid comments.

  16. Amrinder Singh

    Indian-Canadians say international students ‘stealing their ..

    Read more at:
    http://timesofindia.indiatimes.com/articleshow/64920227.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

    WOWWW!!!

    Abhinav Patel from Brampton has even shot off a letter to Prime Minister Justin Trudeau blaming Indians and largely Punjabi students, who form a sizeable chunk in provinces like Ontario, Alberta and British Columbia.

    This what TELGUS are doing in US.

    1. R

      Your hate and ignorance is beyond my thinking.
      1. TELGUS, u mean Telugus ? Its a south indian language. It has nothing to do with Punjabi. They dont even understand each other language, some do.
      2. You are not talking about how students survive and pay for themselves, about rent others.
      3. Whats wrong in working overtime, they work in small stores i guess to make ends meet. Are u that desparate to work in cash counters.
      4. The student situation there has nothing to do with immigration issues here in America.
      5. Wake up and try to learn realities and background before posting stupid comments.

  17. shalom

    THOUSANDS OF AMERICAN WORKERS ARE ABOUT TO GO TO JOBS The Deferred Dreams of American Workers Displaced by H4 are About to Come True REVOKE #H4EAD

    https://www.seattleweekly.com/news/the-deferred-dreams-of-working-women-on-h-4-visas/

  18. Ramesh

    After the spectacular failure of immigration bills they are still recovering from it. Very reason they could justify taking away H4EAD was because they thought their bills would pass. Now the GC backlog bill has failed, they are in a dilemma. But i don’t think they will step back from “Buy American Hire American” policy. But it will be delayed. So always be prepared to switch to H1B if you can.

  19. Vamsi

    Hi Friends,
    I am on H1b and planning to apply H4 EAD for my wife[ My I 140 is approved] & my I 140 shows that i have eligibility to work until Dec 8th 2018.
    Do i need to apply Form I 539 along with Form I-765 for H4 EAD authorization ?

    Or Just Form I-765 is enough? If i apply Form I 539 does she get extension for more time beyond December 2018 ?

    Please clarify.

    1. Lawyer

      I suggest you to contact any immigration lawyer as you need correct solution for your question to avoid RFE’s…

    2. Rux

      The H4 EAD process will take a minimum of 2 to 3 months. if you apply for EAD to your wife, she will get EAD in October if the rule is still available by the time. So she can work only two months i.e. Nov and Dec if she gets a job. When your H1B getting renewed, she has to apply to renew for her EAD again. So applying H4 EAD now is a waste of money. You can wait and apply after your H1B renewed.

    3. Desi dude

      Request your employer to file an extension for your H1b under premium processing and send in your wife’s H4 EAD application with it. They will process it along with your application and you’ll get it within 15 days.

    4. Ansh

      Hello,

      people are right when they say it will take 2-3 months for H4EAD process alone, but i would still suggest to do it., very small cost is attached to it so if your wife start to work she will recover that cost in no time. Go ahead and apply H4ead coz it also takes time to find a job, that ways she will loose lesser time.

      Thanks,
      AB

  20. BAN H4 EAD

    Seriously…..He/She come to US on H4 dependent VISA and starts working after converting to H4 EAD over number of highly skilled professionals who are waiting for H1B…….What kind of rule is this?
    becz of this EAD rule,
    1) Companies don’t get talented and real time working experience professional’s
    2) The billing rates come down because these unworthy candidates fill the market with fake resumes.
    3) Chain migrations or chain jobs spoils work environment’s

    If some one come here as dependent and if they want to work then apply for H1B VISA (which still have some gaps though) .

    1. Desi dude

      hahaha, people like you on OPT/H1b with ‘fake’ experience are so scared of H4 EADs lol! This is fun.

      No highly skilled worker is worried in this economy except fake resume people like you, so just suck it up.

    2. ReplyToBanner

      Hello BanH4EAD,

      I am not really a strong h4 EAD supporter but I would like to state my points:

      1. you assume that H4 are not talented and doesn’t have real time experience which is not true because there are business owners ,teachers ,doctors holding H4 visa. I guess that schools,hospitals have their rules when hiring people. They can qualify for the job, then they are talented.

      2.it looks like you are very sure about H4 are using fake resumes without any proof. Fake resumes are everywhere not only people on H 4 visa. So , the second point you posted is not really valid. Also, Companies and hiring managers have their judgement. if a person can’t functional at work, no matter what visa status or how beautiful resumes they have, it doesn’t count.

      3. for your ‘Chain’ point, H4 is a family member of H1 and they’ll eventually both become Green card holders. Also, normally, Husbands and wives don’t really want to work in the same company. it’s not stable for the family given the lay off/bankrupt of company and they both lose jobs. So that your chain jobs spoils work environment almost non-exist.

      4. For your last statement, I am gonna say that H1B has limited Cap 85000 each year. There ‘s a big possibility that you won’t get picked in the lottery even if there ‘s an employer sponsor H1B visa for you.

      Thanks

    3. Badi Chachi

      Well, you show what you deserve when you say billing rate.If you are well deserving then you won’t be having problem finding a job that gives fair amount of base package , bonus , stocks etc. I don’t think H4s lowered the base packages good IT companies offer. Don’t blame anyone else for your incompetencies.

    4. A catastrohed individual

      And what about the people who were on work visa and are highly qualified and experienced , but had no choice left but to apply H4EAD and work. They could not apply for fresh H1 as it also has some restriction like cooling period and all. And all that is difficult if you have a full family here and have been here in this country for almost 12 year!!
      This is my story…..and I don’t know in which category would I fit!! Just losing time with all these uncertainty clouds over the head every time! on top of it , elder kid is about to enter college and that adds on to the uncertainty clouds….
      The only solution to all this crazy uncertainties would be when the GC queue breaks and moves smoothly like the other countries of the world! ( I am talking about the Indian and Chinese GC queues!!)

  21. Desi_bulls

    Congrats !!!!!!! everyone

    https://www.livemint.com/Politics/R9bcn2XZw5WshK6YTniXjI/Respite-for-H1B-spouses-as-Donald-Trump-misses-deadline-aga.html

  22. SaveH4EAD

    My wife is frustrated that she is unable to pursue her career, Very unfair to her, so going back to India, Also I have bought 2 houses in US. Once my wife is jobless, I will be unable to pay the mortgage.

    1. Desi dude

      All the best bro, I’m planning the same thing. At least we will be able to concentrate on building our careers and not worry about all this visa crap. All the jobs are gonna get outsourced to India anyway lol.

      1. Johnny PAPA

        Are the employers not hiring her because she’s on h4 ead? Coz if they arent hiring her, turn it around and tell the employer that you will be filing a case against the employer that he is NOT an equal opportunity employer. Should work in most cases unless the enployer has a bunch of indian employees. Dont plan to go back to india. H4 ead is not going anywhere

        1. Ramesh

          You can’t sue companies for not hiring certain type of visa holders. When government is going through rule making process they cannot hire someone who may or may not be a long term option. There is nothing that anyone can do about that. In my company they let go of all OPT guys even before the rule was applied. There was nothing they could do.

    2. Desi_reddy

      You bought 2 houses, you know most of the americans can’t even afford a single home. And you are complaining about going back to India. If you saved that downpayment , may be you won’t be that sad to go back to India. Anyways All the best !

      1. r

        If you think most of Americans cannot afford a single house, then in my opinion they should either improve their education / skill set to earn more money or migrate to other countries where expenses are low. You cannot blame others or make others sacrifice for this.

  23. Desi_reddy

    Congrats !!!! all H4 EAD supporters, It appears like they realized the importance highly skilled H4 ead in US economy. H4 EAD continues with no changes !!!!

    Again Congrats !!!!!!

    1. SuperEADer

      Congrats !!!! all H4 EAD supporters, It appears like they realized the importance highly skilled H4 ead in US economy. H4 EAD continues with no changes !!!!

      Again Congrats !!!!!!

  24. GC Supporter

    Jun 28, 2018–Latest News on GC ===
    Donald Trump calls for end to ‘agonising Green Card wait’, asks US lawmakers to bring in bill to help legal Indian-American migrants…
    Read the entire post in the below link:
    https://www.firstpost.com/world/donald-trump-calls-for-end-to-agonising-green-card-wait-asks-us-lawmakers-to-bring-in-bill-to-help-legal-indian-american-migrants-4616081.html

  25. Jeff vengalapudi

    What’s happening with h4 ead? Wasn’t a policy supposed to be drafted on or before 22nd june? Havent read an update since over a month now.

  26. Aspiring H1B

    H4 EAD game over.

    Looks like H4 EAD recission is still on DHS agenda as of 6/11/18 per the following:

    https://www.federalregister.gov/documents/2018/06/11/2018-11247/unified-agenda-of-federal-regulatory-and-deregulatory-actions

    https://www.am22tech.com/h4-ead-news-termination/

    1. Reethu

      Hi Bro, I got H1b this year. & I am not IT, QA. like you guys. I am an Electronics design Engineer. So no need to worry 😀

  27. Real Insider News as on 15 June 2018

    Real Insider News
    —You had been posting on H4EAD’s to stay —so here is the latest news on H4EAD -from Trump Administration

    https://timesofindia.indiatimes.com/world/us/trump-administration-reconfirms-its-intent-to-rescind-h4-rule-on-spouses-of-h1b-visa-holders/articleshow/64599467.cms

    Few Notes from above link:
    WASHINGTON: The Trump administration has reconfirmed its intent to rescind the H-4 visa rule on employment authorization to certain spouses of H-1B visa holders, a proposal that could hit tens of thousands of Indian women in the US.

    https://thinkprogress.org/baltimore-skilled-immigrant-teachers-trump-crackdown-h1b-visas-6a0cba008557/

    Go through above links and it is confirmed that H4EAD will soon be ended….For all H4EAD’s better have a backup plan as soon as possible to avoid risk….

    1. Sam

      In the article, she said: In spite of her higher education and prior professional experience, it took her almost a year to find a job in her chosen profession.
      My cousin graduated from UC, and took him 3 years to get a $23/hour temp job. Its all because of these H4EADs. If H4EAD has talent, they can apply for H1b, or go home.
      We don’t want to compete with the most talent people from all over the world. We have the choice.

      1. Legal

        If companies are willing to hire the low cost wagers who has the skill and talent to do the job, you cannot stop it. Though you stop H4 EAD, companies will always have an alternate route or back up plan to hire them in some other way. So change your mind set. BTW applying for H1 is not related to talent alone, you have limited numbers on cap. If H4 EAD goes away and then government proposes to raise the H1 Quota it is more safe for all temporary workers. Even though companies try hiring locals as H1 visa holder works for less wage they will go with them.

        Good Luck

    1. Assvin

      YOU do not think there could be strong arguments for the H4 EAD because YOU are biased.

      Go watch some fox news and feel good about the bubble you live in.

  28. Sam

    Use this email to report any H1B, H4EAD who you think they are taking American’s job by bias, fake stuff, or their jobs can be done/replaced by any American STEM major folks.

    [email protected]

    https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/combating-fraud-and-abuse-h-1b-visa-program

  29. Ansh2112

    Hello All,

    So first of all those who are saying that H4EAD holders do cheap labor, yeah right, few do but not all and it’s exactly like when citizens work in Walmart for less than $15/hour, so just remember it’s your skill not your visa. Secondly, H4EAD (even H1) brings so much business and tourism in USA, immigrants buy real estate, they have good buying power and they promote employment too. Don’t know why are people cribbing about H1/H4 taking jobs as unemployment is lowest right now. Lastly, who calculated that every year 85k H4EAD holders will add to the population? what are your basis? just because a total of 85k H1 are allotted that doesn’t mean same number of H4EADs. Also, those who haven’t noticed in past 2-3 years USCIS isn’t giving 85k visa, in fact these are just the ones who got in lottery but when it comes to giving visa actually it is way less than 85k. check your facts please.
    In my opinion H4EAD is a good thing as it gives opportunity to be financially stable and also more money means more spending and hence helping US economy to get better.
    Thanks

    1. rockram

      What kind of comparison are you making..It doesn’t make any sense for me. Walmart paying $15 might be their standard hourly rate for everyone..But, when it comes to IT, The actual billing could be some where from $45 to $85 and people quote very low to get in to the jobs by multiple vendors which in turn decreases the chances to get a project for a qualified experience person and the main issue with the H4 EAD is that they can work for any employer without sponsorship. whereas, a H1, who went through all the struggle can’t work independently .

      1. Facts

        I challenge you to name one major IT company which has hired a person on H4 EAD and is paying them $15 per-hour. You guys are just looking for an excuse because you are afraid of the new competition.

        Stop blaming others for your own shortcomings and work on improving your skills. You are not a ‘high skilled’ worker anyway if you can be replaced by someone much junior.

        That’s capitalism 101 for you.

    2. Alok Niranjan

      Hey Ansh2112-send your post to trump and his immigration team,USCIS is following “hire american,buy american ” policy ro revoke h4ead work permit…..since uscis and trump admin has enough evidence that these h4ead’s are taking away jobs from americans and it is hurting US economy…. that was the reason the USCIS will be issuing a policy to remove h4ead from work permit……

  30. Ash

    @R

    I don’t think that you need to worry about H4EAD future. Since you have access to inside information, you can work in government lobbying or try for an O-1 visa.

  31. r

    So i guess antih4ead folks are advocating the below facts.

    1. Bring a talented person to US on h1b.
    2. Break his/her family by not allowing his/her spouse and children any benefits.
    3.Make this person teach his/her skills (he/she acquired after lifetime of hardships) to unskillful pool .
    4. By the end of h1b , unskillful pool has become skillful and so time to kick this h1b out .

    Let me ask you what does this do to great American superhero image.
    Is this justice or humane in any way.

    1. Ash

      Hey R…..It looks like you are frustrated…
      Please do not forget the fact that someone applying for H1B or entering USA on H1B is completely voluntary…if it’s not voluntary then it will be called as modern day slavery… No one forced you to accept H1B…..So please do not bring powerful words like Justice and Humane into the debate….

    2. EndH4H1

      @r..your first statement itself is incorrect. Nobody brought you here. It was a mutual agreement that you come here and work and you accepted it. You always have a choice to go back and serve your country. I am amazed you have courage to blame it on America….

  32. H4EADisFraud

    H4 EAD are not high skill. Most of them in IT are working as QA/ testers with a fake resume. That is something any person can do. Most of them have got into job through husbands or at extremely low billing rates. This is a big fraud. Many deserving Americans have been deprived of job opportunities. Please revoke H4 EAD for the good of American people and for H1Bs.

    1. R

      1. Nobody is saying H4 EAD is for high skill, its EAD for spouses on track to be permanent resident.
      2. My wife has Masters and Bachelors and NOT working for cheap pay
      3. I did not refer job and she did not get it through me
      4. She has been through interviews like everyone else and hired based on her skill set
      5. If you are scared of interviews, working with skilled people around or want to work less and get paid more, then you should STOP working and look for others means of earning money

      1. EndH4H1

        @R When you post on forums like this, you do not get narrow minded and look at what is going at your home. You have to have a bigger picture.
        We Americans are not scared of interviews. We are scared of system abuse which is going on and H4 visa holders are a big part of that abuse. And you are right, we do not like to compete with you. And why should we?
        It is a poor immigration system we have which allows people from all over the world. Those laws are not relevant today and therefore our President is removing those stupid laws. H4 should be revoked. And so should be H1!

        1. Tes

          Same goes for the gun laws (for example)…! You aren’t correct saying there are some laws which should be changed cos they were created in a different era where as other laws are time inconsequential!

          Why don’t you push to update all laws along with the immigration laws?

    2. prish

      My Spouse has spent last 9 years building her career in medicine with a MD program in medicine extensive research work for 4 years & then getting into competitive GI fellowship, serving at a Veteran’s facility. I don’t see this rule being assigned on case by case basis as our new world leader mentioned on his trails.

  33. I-DONT_SUPPORThH4EAD

    H4 EAD is unconstitutional and illegal. For H1B there is a vetting process and 90 days of advertisement period to ensure American citizen participation. Whereas for H4 work visa nothing. H1B visa itself is a non-immigrant visa and the comments here in the post, where they want their spouse to work, to buy house and have kids, is rediculous. The best way to stop this nonsense is to send an email to your local Congress man or woman asking whether they support the notion to revoke the H4 EAD or not. If they don’t support this notion make sure you vote against them in the coming mid-term elections. Most of these H4 holders are working for corrupt Indian IT companies (like Wipro, Infosys and TCS) who are exploiting American citizen’s jobs and life. Every time I here from these visa beneficiaries how H4 visas and H1B is helping American economy, I have a question why don’t you go back help your own country’s economy. We do not need your charity, maybe you go Africa and help in need there. Spread the word “Revoke H4 EAD or no votes in the mid term election 2018”.

  34. Ram

    H4 EAD doesn’t make any sense. They are taking away the jobs of both skilled Americans and H1B workers as well. Basically they do not have any restriction on minimum wage rate and don’t require any kind of sponsorship from the employer. Nothing stops an H4 EAD worker to take an IT job for $20 an hour or even under that rate. They are an easy and attractive option for those big IT consulting firms making quick and big money. Guess who is at loss? the citizens of the US and the guest workers as well. Good that some attempt is being made before it is too late.

    1. Richa

      Unemployment rate is lowest in the years . It is negligible and that percentage will be there no matter what.I am neither supporting nor not supporting . I don;t understand why there is such a negativity demonstrated by some people when this is no effect to anybody . Hatred with no reason is very dangerous .

      1. H4EAD

        These 100,000 H4EAD is not a small number sir.
        If it gets stay, it will be about 85,000 H4EAD every year. Economic has ups and downs, these group of ‘very skilled, experience’ H4EAD will impact US job greatly eventually.

        We would rather to get rid of them now.

        1. R

          Even though you want to stop H4 EAD, these will eventually get Green Card and work. What will you do at that time ? Ask to stop giving green cards ?

          1. H4EAD Supporter

            Thank you for reminding me. So we will slow down GC process (make it 50 years wait), and reject the applications, cancel H1b program or reduce H1b numbers eventually.

    2. MS9

      ‘No big changes’ in H-1B visa, says US Deputy Chief of Mission Carlson amid plan to overhaul the immigration system – https://www.firstpost.com/world/no-big-changes-in-h-1b-visa-says-us-deputy-chief-of-mission-carlson-amid-plan-to-overhaul-the-immigration-system-4499217.html

  35. NICK

    H1B is not a two-for-one guest worker VISA. 100,000 H4’s compete with US citizens for common positions such as a immigration lawyer, food franchise owner. We have a lot of these businesses and do not benefit at all from a change in ownership that typically results in the employment of only Asian-Indians or illegal Mexicans.

    1. v

      Dont speak on behalf of americans,
      As many like me have no issues with h4ead , It is insane to keep someone waiting till gc is processed. Inside news h4ead to stay with some good changes.
      Remember to respond on this forum when h4ead is passed to stay, dont be coward then by not showing up here.

      1. H4EAD Supporter

        Inside news has leaked out: DHS has noticed that it is insane to let H4 waiting till GC is process, so at end of June all H4EAD will have an option to either keep their EAD extended or receive GC within 2 month. As this GOOD change has ‘significant economic’, the plan will be sent to OMB for review in mid June, and it is expected widely supported by Indian community.

      2. EndH4H1

        @V, My fellow American, I am surprised with your stand on this matter. Our country has a process to allocate GCs. If somebody cannot wait as per process, they have other options. Why should we pay American tax dollars in clearing backlogs etc.?

  36. Nick

    The American people want H4 EAD to end. We do not want another shadow immigration program on top of the 1 million people be naturalize to US citizens every year in our excessive mass immigration program.

  37. I feed trolls

    haha welcome bro!

    I was waiting for you you dumb mofo! every time I feel sad I just come here and abuse you. Thanks for being my virtual punching bag you retardo!

    XOXO you precious little bitch haha

  38. EndH4H1

    @Sushmith….Just want to correct you on your facts and fiction…..Do you know what 1% in absolute number means? How it translates in absolute numbers to people on H1 and H4?

    DHS did the math for you and as per numbers published, 90K+ H4 are issued to Indians only. Now as you all are talented, we cannot discount this number further and have to assume that all H4 are working at this point. In other words you have impacted 90K American citizens. Why?

    Why Americans should suffer because there are talented people from India on H4. We do not want you here. And we do not want our tax money to go on segregating people who are genuine or not.

    If you are in line for your GC and want to make this your home country, it is the time to show your solidarity with Americans. Support ‘Buy American, Hire American’ and surrender your H4s…else, we will snatch them.

    1. SG

      EAD after issue will remain valid until the date shown on card. Unless a notice is sent from USCIS about revoking the card (which they usually dont do) your card remain valid to work.

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