The new H4 Visa EAD rule, is effective from May 26, 2015. As per USCIS estimates, the number of H4 visa holders that would be eligible would be around 179,600 in the first year and then about 55,000 per year after first year. With some of this stats in context, “Save Jobs USA”, which is a group of former employees of Southern California Edison have filed a lawsuit against USCIS to block the new rule that grants EAD for certain H4 visa holders.
What’s the lawsuit against H4 Visa EAD Rule ?
The claims in the lawsuit are that with EADs for certain H-4 visa holders, the labor pool in USA increases, where it increases the competition and directly impacts the former Edison workers in terms of the job opportunities, besides it will let the H1B holders stay longer in America. The agency, which is The Immigration Reform Law Institute (IRLI), representing on behalf of the ‘Save Jobs USA’ says that they are fighting on behalf of the American workers and will hold administration accountable for the law.
What’s the Impact of this on the EAD rule for H4 Visa holders ?
As many of the H-4 Visa holders have been waiting for this EAD rule to pass so that they can start to work, this new lawsuit adds more stress to those waiting for the new rule to pass. As far as the lawsuit goes, so far there is NO impact on the H4 visa EAD rule that will be effective in May. The only situation when this could impact is when the court grants a preliminary injunction for the plaintiff.
Some of the prominent immigration attorney groups like Murthy.com have reviewed the complaint filed by the “Save Jobs USA” and advised that the this lawsuit may not succeed and it is very likely that the EAD rule would go into as planned. We will keep you all posted, if any developments in this rule.
What are your thoughts? Do you think the lawsuit will stop the H4 visa EAD rule ? You may read the full lawsuit by checking below references.
2017 Update : After Trump Administration took office, this lawsuit got some traction and currently in action. Check H4 EAD Rule Trump Administration Impact & Status for latest info.
- IRLI: The original Document with Complete H4 EAD lawsuit .
- News : American Bazar – No work Permits for H4 Visa Holders
- Murthy Law : http://www.murthy.com/2015/04/27/newsflash-lawsuit-filed-to-block-h-4-ead-rule-but-no-cause-for-panic/