H4 EAD News 2019 DHS – Revoke rules delayed by Govt shutdown

Anil Gupta  16 Jan, 19      405  USA

Jan 16, 2019 – Trump tweets Citizenship path for H1B visa

H4 EAD news update today: Trump tweeted on Friday (11 Jan) that he is planning for concrete path to citizenship for H1B visa holders. If that’s true, H4 EAD may just hit the jackpot!

AT this time, partial government shutdown is helping delay the DHS H4 EAD revoke timeline.

Immigration Voice reports that their appeal against H4 EAD removal accepted by federal court for hearing! Good news!

H4 EAD Revoke Estimated Time 2019

An estimation chart based on how fast DHS moves. These are just estimations. DHS may take much longer than anticipated based on prior experience.

H4 EAD revoke estimated timeline - Fast, Medium, Slow
H4 EAD revoke estimated timeline – Fast, Medium, Slow
Draft H4 EAD removal Publish

OMB Review Start

Jan 21, 2019Feb 20, 2019Mar 22, 2019
OMB Comment Period End (30/60/90 days)Feb 20, 2019Apr 21, 2019Jun 20, 2019
OMB Comment Review End (30/90/120 days)Mar 22,, 2019Jul 20, 2019Oct 18, 2019
Final H4 EAD withdraw rule publish

(Date when H4 EAD will be STOPPED)

Apr 1, 2019Aug 19, 2019Dec 7, 2019

Lot of people who were working on H4-EAD and were eligible for H1B, have already changed their status to H1B. If you can, you should too convert as early as possible to keep your job and income source unaffected.

We update this page every day to make sure no H4 EAD termination news is missed.

Related: 42% Increase in Indian H1B Extension, Transfer, Amendment Denials

H4-EAD withdrawal survey – 11.5k responses

Find the mood of H1B, H4EAD community to know if Will H1B family move to Canada if H4 EAD is stopped?

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H4 EAD News Timeline

  1. Dec 27, 2018:
    Federal court has 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.
  2. California Congresswoman (Eshoo, Lofgren) introduce H.R. 7150 bill to protect H4 EAD work permit from DHS removal. If H–4 Employment Protection Act of 2018 bill becomes a law especially with Democrat majority in house, it might bring a big relief for H1B families.The chances of it getting approved before DHS H4-EAD termination and becoming law are very low at this time. It would be interesting to see if the bill moves faster than DHS speed of removing work authorization.
  3. Nov 16, 2018: DHS published mid-year agenda to federal register and features H4-EAD termination at proposed stage. Agenda in Federal register is meant to provide public with information about DHS’s regulatory activities and enable them to submit comments.
  4. Oct 16, 2018 – USCIS reply (on last page) to Kamala Harris letter of support for H4EAD rule again confirms their stand of ‘No backing off‘ on H4 EAD removal.
  5. Sep 26, 2018 – U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) sent a letter to USCIS and DHS urging them not to revoke employment authorization.
  6. Sep 21, 2018 – DHS informed the federal court that they have completed their portion of rulemaking work and sent it to for USCIS review. H4EAD removal draft rules will be ready for OMB public review comments around the first week of Jan 2019 or late Dec 2018.  Comments period of 30 to 60 days only as this rule is marked as ‘Economically significant‘.
  7. 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.
  8. Sep 6, 2018 – USCIS replied back to Internet Association confirming their stance of no backing off.
  9. 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.
  10. Aug 22, 2018 – Internet Association sent a letter to USCIS requesting a re-think on their H4 EAD withdrawal rule.
  11. Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal and they are in the last stage of framing the rules.
  12. 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.
  13. May 16, 2018 – 130 bipartisan congress members sent signed letter of support in favor of H4EAD to USCIS.

DHS / USCIS agenda to remove H4-EAD work authorization in 2018

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 in 2018?

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?

It is not known if DHS will remove existing H4 EADs or not. As per the past DHS rules (DACA and similar EAD withdrawals) existing active EADs were given their remaining validity time to use.

Hence, it is safe to assume that existing H4 EADs will also be allowed to run through their validity period.

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

Should I change status from H4-EAD to H1B?

If you are eligible for converting to H1B, we strongly recommend that you should change your status. But, remember, you can start work on H1B only after your H1B change of status is approved.

Can a Lawsuit be filed against H4EAD withdrawal?

Depending on what rule DHS comes out with, the chances are high and a lawsuit stay can be obtained by H4-EAD groups in their favor, which may take years to reach a decision.