H4 EAD Revoke Rule Withdrawn – Good News! (Joe Biden Effect?)

H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. DHS has withdrawn the EAD revocation rulemaking process.

Written by AM22Tech Team
  By AM22Tech Team    Updated  27 Jan, 21


Update Jan 26, 2021 – Looks like DHS has finally withdrawn the H4 EAD revocation rule. The rule shows concluded date as 25 Jan 2021 and the concluded action as ‘Withdrawn’.

What this means:

  1. DHS is not actively looking to revoke H4 EAD work permits. Hurray!!
  2. The SaveJobsUSA court case is still going on but may not reach a decision in favor of SaveJobsUSA. The DHS may also change their stand in court now and bat for H4 EAD rights.

As we reported earlier, Joe Biden was expected to incline in favor of the H4 EAD work authorizations.

They have probably directed the DHS to not go ahead with the currently pending OMB rulemaking process which was started by the Trump government.

DHS has been keeping the H4 EAD revocation as part of its agenda items ever since Trump became the president.


Fill USCIS i765 EAD form Online with our App >

The H4 EAD revocation process is still active in court though.

DHS Defends H4 EAD in Federal Court – May 2020

Earlier on May 7, 2020, DHS told the federal court that any claims of economic harm suffered by Save Jobs USA are completely speculative. it was widely reported as being a change of DHS’s opinion on H4EAD including by Law360.

The H4 EAD revocation process is going on in parallel with the SaveJobsUSA vs DHS court case. Both are related and hence sometimes cause confusion. H4 EAD’s fate is hanging on to these two streams separately:

  1. SaveJobsUSA vs DHS court case – American workers group asking to stop H4 EAD as it increases competition and takes away jobs. The court has not taken any final decision as of today.
  2. DHS’s own idea and process of revoking H4 EAD work Authorization motivated by Trump’s orders – This has been withdrawn by DHS on Jan 25, 2021.

EAD Revoke Rule details

DHS has withdrawn their rule making process and this should help the H4 EAD workers in the USA.

DHS is NOT working on making rules on removing H-4 Dependent Spouses from class C(26) of Aliens Eligible for Employment Authorization (EAD) anymore.

Does Trump Travel Ban Affect H4 EAD?

Trump’s travel ban for H1B does not affect H4 EAD. Do not worry. H4 EAD can be applied if you are inside the USA and can be approved by USCIS at this time.

FAQ

Is the SaveJobsUSA vs DHS Federal Court Case over?

The court case is still going on and has not reached a final result.

When Can I apply for H4 EAD renewal?

You can apply 180 days before your current H4 EAD card expiry. USCIS is giving full 3-year validity.

Survey

Find the mood of H1B, H4EAD community. Google account required to fill the survey.




Author

Written by AM22Tech Team
  By AM22Tech Team     

Recent discussion on forum

  1. Vamsi_Krishna_Maring
    Vamsi_Krishna_Maring

    With the confusion around H4 EAD, is it advisable to apply for H4 EAD. I got my I140 approved last week and planning to apply for EAD.

    Please let me know your thoughts


  2. anil_am22
    anil_am22

    Hi @Vamsi_Krishna_Maring

    Do not worry about the H4 EAD news at this time. Nothing is final and this drama is going on for last 2 years.

    I strongly advise to apply for H4 EAD if you are eligible.


  3. kalai
    kalai

    Hi Anil,

    My spouse got his I-140. Can I apply for H4 EAD at this time or I should wait to see what will happen to the H4 EAD decision? The Revoke rule affect the chances of H4 EAD approval and in case if gets approved, will they revoke the H4 EAD as soon as the rule is passed? Please advise.

    Thanks


  4. anil_am22
    anil_am22

    Hi @kalai

    At this time, I suggest to go ahead and apply H4 EAD.

    The H4 EAD revocation rule has been pending for 2 years now and there is no insight into when it will finally be released. You have enough time.

    Go ahead and apply.


  5. Tech_SBT
    Tech_SBT

    Can any one please help !
    Original H1+H4+H4EAD had the validity till Mar 22. Had to travel India, reentered with expiring passport in June 21. Now I-94 getting expired in June 21. Renewed Passport and now applying for extension for all H1+H4+H4EAD . Since with all these H4, H4EAD delays, can H4 continue to work with previously approved EAD valid till Mar 22.

    Please advice.

    Thank You


  6. anil_am22
    anil_am22

    H4 EAD card can be used as long as its valid.


  7. mj1953
    mj1953

    Hi @anil_am22 ,
    My employer is ready to sponsor H1B this year. What do you think? Is it good to stay with EAD or to take H1B route. I’m happy with the privileges we have with EAD(Changing employers without the need of sponsorship and also to stay with speciality occupation).
    Thanks.


Comments are closed. Ask question on Forum