Update Jan 26, 2021 – Looks like DHS has finally withdrawn the H4 EAD revocation rule. The rule shows concluded date as 25 Jan 2021 and the concluded action as ‘Withdrawn’.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:
- DHS is not actively looking to revoke H4 EAD work permits. Hurray!!
- 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.
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The H4 EAD revocation process is still active in court though.
This article will discuss:
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:
- 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.
- DHS’s own idea and process of revoking H4 EAD work Authorization motivated by Trump’s orders – This has been withdrawn by DHS on Jan 25, 2021.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DHS has withdrawn their rule making process and this should help the H4 EAD workers in the USA.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.
The court case is still going on and has not reached a final result.
You can apply 180 days before your current H4 EAD card expiry. USCIS is giving full 3-year validity.
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