H4 EAD Revoke Rule Withdrawn – Good News!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 DHS has withdrawn the EAD revocation rulemaking process.
Update Jan 26, 2021 – Looks like DHS has finally withdrawn the H4 EAD revocation rule. The rule shows concluded date as 25 Jan 2021 and the concluded action as ‘Withdrawn’.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.
You can use this app to fill the form, validate all and make sure the form is not rejected or an RFE is sent by USCIS:
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:
- 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- DHS’s own idea and process of revoking H4 EAD work Authorization motivated by Trump’s orders – This has been withdrawn by DHS on Jan 25, 2021.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DHS has withdrawn their rule making process and this should help the H4 EAD workers in the USA.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.
FAQ
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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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
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.
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.
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
anil_am22
H4 EAD card can be used as long as its valid.