H4 EAD News May 2019 DHS Revoke Rule – OMB Review

Written by Anil Gupta
  By Anil Gupta - Updated on  21 May, 19
  214  

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

May 21, 2019 – OMB Review Pending

H4 EAD news update today: No official OMB update yet as revoke rule review is now pending for 90 days on May 21, 2019.

A widespread positive hope has been raised by Trump’s government’s change of stance from anti-immigrant to pro-skilled immigrant for next elections. This may prove beneficial for H4 EAD work permits. Only time will tell.

Another positive news came from Federal court on May 17 when they ruled against Trump’s attempt to stop DACA program that shields young immigrants from deportation.

Court mentioned that DHS did not “adequately account” for how ending DACA program would affect the hundreds of thousands of young people who “structured their lives” around the program, reports NBCNews.

This probably means that DHS H4 EAD revocation rule also has low chances of standing lawsuit.

We are actively tracking OMB for any update but neither the meeting attendees nor OMB has published any details.

OMB Proposed Rule Meetings

An OMB meeting on Mar 26, 2019 was attended by lot of Indian people possibly putting the strong argument in favor of H4-EAD in front of OMB:

 

H4 EAD revoke rule Indians meeting OMB
H4 EAD revoke rule Indians meeting OMB

 

We do not have details of the outcome of these OMB Proposed Stage meetings that they are conducting regularly:

 

H4 EAD revoke rule OMB proposed rule meetings
H4 EAD revoke rule OMB proposed rule meetings

 

If you are one of the attendees or know the meeting details, please do share with us on our whatsApp H1B, H4 EAD news Group 8 group or Facebook Group. We will share it here with your name.

No details are available for Amanda’s OMB review meeting from May 1 either. We contacted her directly for an update but she has not responded.

The Amanda’s meeting shows as ‘scheduled’ at this time which probably means that it did not happen.

 

OMB May Not Approve H4EAD Revoke Rule

John Miano from Center for Immigration Studies has the opinion that OMB may not approve H4EAD revoke rule.

Miano says that ‘Deep State’ (business lobby with government without explicitly showing it to public) will not let the H4 EAD go away. He has argued that DACA EAD was not defended by DHS in court with good arguments when they had the intentions of revoking it either. The same behavior has been shown by DHS in SaveJobsUSA federal court case.

John Miano believes that the text of H4 EAD revoke rule has been drafted in such a way that it is unlikely to survive a legal challenge.

My opinion and attorney analysis on why H4 EAD revoke may be blocked by lawsuit even if passed by DHS and OMB.

 

SaveJobsUSA brief in Court

SaveJobsUSA has presented their point in federal court hearing on Apr 29:

  • Congress has not given authority to DHS to give out EADs.
  • Majority of H4 EAD holders are working in IT sector and taking away American jobs.

My opinion is that SaveJobsUSA is not able to prove their argument in court convincingly at this time. DHS has already conveyed that H4 workers do not impact US economy negatively based on their study.

Federal court has not given any opinion yet. My hopes are high that federal court is going to rule in favor of H4 workers.

 

ImmigrationVoice Appeal – Favor H4-EAD

ImmigrationVoice presented good defense in support of H4 EAD rule on April 8, 2019 in federal court

  • H4EAD does not affect American workers
  • DHS had full authority to give H4 work authorization as per law
  • H4 EAD add to federal and state taxes
  • H4 EAD is important for H1B families to help them economically sustain in USA

 

DHS says H4 EAD not affecting US workers

DHS informed Federal court on Apr 1, 2019 that H4 EAD program does not affect job competition in US job market based on their economic analysis.

This is good news for 100k H4 EAD workers and holders as DHS has not found H4 EAD’s negative impact to American workers in their economic impact study! This could be a big blow to SaveJobsUSA argument and lawsuit’s basic premise.

The acceptance that H4 EAD does not affect jobs is a win for H1B spouses and might be a hint that DHS may have something good for H4 EAD in their kitty. Only time will tell.

 

EAD Revoke Rule details

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!

DHS submitted the revoke rules to OMB for review on Feb 20.

 

Is H4 EAD Still Valid?

H4EAD is still valid. You can apply for new H4-EAD and H4-EAD renewals at this time.

USCIS is actively processing H4-EAD applications within 2-3 months. Apply 180 days before your current H4 EAD card expiry to get full 3 year validity.

 

H4 EAD Validity after DHS Termination?

H4 EAD cards will remain valid after revocation. DHS will probably stop the new card and renewals.

 

H4-EAD Withdrawal Survey – 14k responses

The survey’s 14K responses reveal that H1b skilled people are getting ready to get Canada or Australia PR.

Will H1B family move to Canada if H4 EAD is withdraw
Will H1B family move to Canada if H4 EAD is withdraw

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

Open H4 EAD withdrawal survey in a new window.

 

H4 EAD News Timeline

  1. Feb 20, 2019: DHS submitted H4 EAD revoke rules for OMB review.
  2. 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.
  3. 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.
  4. Sep 26, 2018 – U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) letter to USCISUSCIS reply (on last page) – Oct 16, 2018.
  5. Sep 21, 2018 – DHS says rules pending USCIS review.
  6. 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.
  7. Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
  8. May 16, 2018 – 130 bipartisan congress members sent signed letter of support in favor of H4-EAD to USCIS.








   214 Useful Questions & Answers from comments



  1. Sarah
    Sarah 21 May, 19 at 3:37 pm

    Hi Anil, I am currently on my last year of OPT (expiring this 09/07/2019). My husband is still waiting for his PERM approval (filed late March 2019). We are estimating to get his i140 before my OPT expires. Do you suggest we wait until getting his i-140 and then file H4 and H4 EAD together or we file H4 now with a start date in Sep? Thanks!


  2. Smita
    Smita 21 May, 19 at 12:43 pm

    Hi Anil,
    I am filing for H4 status and I am the primary beneficiary of my approved I-140 in EB1A category. My husband has 3 years approved H1B status. Am I eligible for getting H4 EAD?


    • Anil Gupta
      Anil Gupta 21 May, 19 at 12:57 pm

      No, you are not eligible for H4 EAD if i140 for your spouse is not approved. Your own i140 can help your spouse to get H4 EAD but not you.


      • Smita
        Smita 21 May, 19 at 2:00 pm

        Thank you for your response.



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