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.
We update this page every day to make sure no H4 EAD termination news is missed.
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H4 EAD News Timeline
- Feb 20, 2019: DHS submitted H4 EAD revoke rules for OMB review.
- 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.
- 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.
- 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.
- Sep 21, 2018 – DHS informed the federal court about completion of rulemaking work and rules pending USCIS review.
- 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.
- Sep 6, 2018 – USCIS replied back to Internet Association confirming their stance of no backing off.
- 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.
- Aug 22, 2018 – Internet Association sent a letter to USCIS requesting a re-think on their H4 EAD withdrawal rule.
- Aug 20, 2018 – DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
- May 19, 2018 – USCIS 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.
- 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!
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.
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.