H4 EAD News Mar 2019 DHS – Revoke Rule OMB Review

Anil Gupta  19 Mar, 19      640  USA USA News

Mar 18, 2019 – Removal Rules Submitted to OMB

H4 EAD news update today: DHS has submitted the revoke rules to OMB for review on Feb 20 and marked it as ‘Economically Significant‘ which means that OMB might wrap up comments period within 30 days.

No update yet from OMB as they are still reviewing the rules and are expected to publish them around April 1, 2019.

BAD NEWS for about 100k H4 EAD workers and holders.

Related: H4 EAD Revoke Estimated Time Line 

H4 EAD revoke Rule details are not available yet. We will update as soon as they become available.

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H4 EAD News Timeline

  1. Feb 20, 2019: DHS submitted H4 EAD revoke rules for OMB review.
  2. Dec 27, 2018: Immigration Voice Appeal Request Accepted in Federal Court.
    Federal court decided to start case hearing again and stop waiting for DHS to remove H4 EAD. The court case is against DHS allowing H4 EAD to work which DHS did not contest after Trump came to power. Now, this appeal is contesting and want to argue in favor of H4 EAD. Ideally, this should have been done by DHS! So, if court agrees to appeal in favor of H4 EAD, immigration Voice may win the case and then H4 EAD removal may be put on hold. Only time will tell.
  3. Dec 21, 2018 – H–4 Employment Protection Act of 2018 introduced by California Congresswoman (Eshoo, Lofgren). H.R. 7150 bill aims to protect H4 EAD work permit from DHS removal. The chances of HR 7150 becoming law are very low at this time even with Democrat majority in house.
  4. Sep 26, 2018 – U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) letter to USCISUSCIS reply (on last page) – Oct 16, 2018.
  5. Sep 21, 2018 – DHS informed the federal court about completion of rulemaking work and rules pending USCIS review.
  6. Sep 17, 2018 – SaveJobsUSA files motion in Court to continue with the case as DHS is taking too long to publish rules for H4 EAD withdrawal.
  7. Sep 6, 2018 – USCIS replied back to Internet Association confirming their stance of no backing off.
  8. Aug 23, 2018 – Business Roundtable sent an official letter to USCIS in support of H4 EAD is signed by Apple, ADP, American Airlines, Pepsi, Coca-Cola among other CEOs.
  9. Aug 22, 2018 – Internet Association sent a letter to USCIS requesting a re-think on their H4 EAD withdrawal rule.
  10. Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
  11. May 19, 2018USCIS started issuing RFEs for filing renewal before 120 days. USCIS officially allows filing H4 EAD renewal 180 days before expiry (Refer: USCIS EAD Rules and EAD) and the H4 EAD 120 day RFEs are not justified. New H4-EAD renewal applicants have confirmed that they are able to get H4 EAD renewed even when filing 180 days in advance.
  12. May 16, 2018 – 130 bipartisan congress members sent signed letter of support in favor of H4-EAD to USCIS.

DHS / USCIS agenda to remove H4-EAD Work Permit

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!

Related: H1B Visa Approved but Status is Administrative Processing

H4EAD Status – Is H4 EAD Still Valid?

You CAN apply for NEW H4-EAD and H4-EAD renewals at this time. DHS is issuing H4-EADs.

Related: EB2 India Predictions – 20 years average wait time, 151 years worst case

Will existing H4 EAD be Valid after DHS Withdraws Work Authorization?

Existing H4 EAD will be valid after DHS withdraws work authorization as per past experiences.  As per the past DHS rules (DACA and similar EAD withdrawals), existing active EADs were given their remaining validity time to use.

H4 EAD News - DHS planning to revoke work permits
H4 EAD News – DHS planning to revoke work permits

 

   Read all 640 Q & A

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  1. Sid Kapoor   19 Mar, 19 at 1:59 pm

    At what points in the process can chances arise that the H-4 EAD revoke rule will not be enacted and the H-4 EAD practice will remain valid?
    I guess what I am asking is, is there anyone/anything that can happen which can stop the H-4 from going away or is hope, for the most part, lost already?


  2. Here is another report supporting H4 EAD: This is from the Cato report titled “Hurting Americans in Order to Hurt Foreigners” by BY IKE BRANNON AND M. KEVIN MCGEE. This is sub-titled “Benefit–cost analysis challenges the Trump administration’s effort to end the H-4 EAD program.”

    “Employed EAD holders typically have held an EAD for two
    years and earn about $77,000 a year—an income that is above
    the U.S. median salary. Some 66% of them work in a STEM field,
    mostly in computer-related, engineering, or math or statistics
    jobs, earning on average about $83,000 annually. Some common
    self-reported job titles in our survey include systems engineers,
    software developers, automation engineers, quality assurance
    analysts, and data analysts—all jobs that U.S. employers have
    trouble filling.
    Another 16% of respondents report working in the Business,
    Finance, or Management fields: this group typically reports holding occupations such as project managers or product managers
    and average about $73,000 annually.
    An additional 8% of employed respondents report working in
    the Healthcare Practitioner or Healthcare Support fields, in such
    occupations as physician, dentist, pharmacist, nurse, physical
    therapist, and healthcare business analyst. Once again, these are
    areas of high economic value, reflecting the high level of education
    and training among these H-4 visa holders. The average earnings
    of this group is about $76,000 a year.”

    “Our estimates show that rescinding the EAD program
    for H-4 visa holders would reduce federal and state tax
    revenue and U.S. economic activity without creating
    any jobs on net for domestic workers.”

    “We received responses from 4,708 individuals currently holding H-4 visas, 90% of whom were female. Not surprisingly, our
    sample was highly educated. Recall that H-4 visa holders are
    spouses of H-1B visa holders, who are foreign workers in specialty
    occupations. H-1B recipients overwhelmingly have college degrees
    in science, technology, engineering, and mathematical (STEM)
    disciplines and are employed in occupations like engineering,
    computer science, bio-sciences, and other high-tech areas.
    Their spouses, H-4 visa holders, tend to have similar educational backgrounds. Less than 1% of our sample had less than a
    college degree, and nearly 60% had a master’s degree, doctorate,
    or other professional or postgraduate degree. Some 83% of our
    respondents currently hold EADs; 75% of those EAD holders are
    currently employed in the United States, and almost 7% of them
    report being self-employed”

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