Update Apr 1, 2020 – H4 EAD news update today: There is no news about OMB process at this time. With Coronvirus shutting down US economy and several government office and court closures, we do not expect OMB to publish anything in the next 3 months either.
ImmigrationVoice is trying to add H4 EAD automatic 1 year extension in house version of stimulus bill 2020 to help workers who can’t get EAD renewal within time.
There is no need to worry even if OMB publishes renovation rule anytime soon.
Note that EAD revocation can still take more than a year to finally implement and it has high chances of being blocked by lawsuit. I do not think that DHS will revoke it in the election year anyway.
This article will discuss:
SaveJobsUSA Court Case Result – Who Won?
Federal court gave their judgement on Nov 8, 2019 in SaveJobsUSA vs DHS case.
I have shared my analysis as to who won the court case – SaveJobsUSA or DHS? The bottom line is that Federal court has not stopped H4 EAD. They have just referred it back to lower court for trial again.
Note that DHS is still working on H4 EAD revocation rules. This result of this court case is only a temporary relief. Saving H4EAD will still need a separate lawsuit if DHS publishes revoke rules in Spring 2020.
March 2020 Is New OMB Publish Date
Earlier on Sep 16, DHS had told court that earliest possible date that H4 EAD revoke may be published is Spring 2020, which is probably sometime in March 2020.
You can apply for new H4-EAD and H4-EAD renewals at this time. USCIS is actively approving H4-EAD applications.
DHS is still working on the H4 EAD removal and the rule is currently pending for OMB approval.
This is a separate process and DHS initiated it themselves due to Trump administration policies.
The federal court judgement does not affect this process and H4 EAD termination is still on the cards.
Existing H4 EAD cards will remain valid after revocation. DHS is expected to stop the issuance of new cards and renewals.
Yes, a lawsuit is expected as and when DHS publishes their H4 EAD revoke rules.
A lawsuit will definitely extend the available time and the final judgements would define as to what happens with H1B dependent work permits.
Federal court has sent the case back to lower court after it gave decision for SaveJobsUSA vs DHS case on Nov 8, 2019.
The lower court will now hear the case and decide whether DHS has any authority to issue H4 EAD work permits or not.
SaveJobsUSA has challenged that only congress can give EAD work authorization and not DHS.
You can apply 180 days before your current H4 EAD card expiry. USCIS is giving full 3 year validity.
H4 EAD Protection Act
H4 Employment Protection Act was re-introduced by California Congress woman (Eshoo, Lofgren) in 116th congress in May last week. The chances of saving H4EAD with this law are very low at this time as compared to high probability of success with H4 EAD revoke lawsuit.
OMB May Not Approve H4EAD Revoke Rule
John Miano from Center for Immigration Studies has the opinion that OMB may not approve H4EAD revoke rule.
Miano says that ‘Deep State’ (business lobby with government without explicitly showing it to public) will not let the H4 EAD go away. He has argued that DACA EAD was not defended by DHS in court with good arguments when they had the intentions of revoking it either. The same behavior has been shown by DHS in SaveJobsUSA federal court case.
John Miano believes that the text of H4 EAD revoke rule has been drafted in such a way that it is unlikely to survive a legal challenge.
My opinion and attorney analysis on why H4 EAD revoke may be blocked by lawsuit even if passed by DHS and OMB.
ImmigrationVoice Appeal Favors H4-EAD
ImmigrationVoice presented good defense in support of H4 EAD rule on April 8, 2019 in federal court
- H4EAD does not affect American workers
- DHS had full authority to give H4 work authorization as per law
- H4 EAD add to federal and state taxes
- H4 EAD is important for H1B families to help them economically sustain in USA
DHS says H4 EAD not affecting US workers
DHS informed Federal court on Apr 1, 2019 that H4 EAD program does not affect job competition in US job market based on their economic analysis.
The acceptance that H4 EAD does not affect American jobs is a win for H1B spouses along with a big blow to SaveJobsUSA’s case. It might be a hint that DHS may have something good for H4 EAD in their kitty. Only time will tell.
EAD Revoke Rule details
H4EAD revoke rules will be available as and when OMB publishes them for public comments. DHS submitted the revoke rules to OMB for review on Feb 20.
DHS is actively working on making rules on removing H-4 Dependent Spouses from the class C(26) of Aliens Eligible for Employment Authorization (EAD).
Marked as ‘Economical Impact and Significant’ rule, DHS has the legal obligation of giving only 30 days for public comments instead of longer 60 or 90 days!
H4-EAD Withdrawal Survey – 14k responses
The survey’s 14K responses reveal that H1b skilled people are getting ready to get Canada or Australia PR.
Find the mood of H1B, H4EAD community. Google account required to fill survey.
Open H4 EAD withdrawal survey in a new window.
Open link in new window.
H4 EAD News Timeline
- Sep 26, 2018 – U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) letter to USCIS. USCIS reply (on last page) – Oct 16, 2018.
- Aug 23, 2018 – Business Roundtable letter supporting H4 EAD signed by Apple, ADP, American Airlines, Pepsi, Coca-Cola among other CEOs.
- Aug 20, 2018 – DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
- May 16, 2018 – 130 bipartisan congress members signed letter of support.