Apr 25, 2019 – OMB Review Internal Meeting
H4 EAD news update today: Some users spotted that OMB review page shows a scheduled meeting on May 1, 2019. There is no publicly available information about this meeting’s purpose and how it affects H4 EAD.
Earlier on April 8, 2019 – ImmigrationVoice presented positive points in support of H4 EAD rule on April 8, 2019 and re-iterated that
- 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
Federal court has not given any of their view and next hearing is on April 29, 2019 when SaveJobsUSA will present their part of story.
DHS says H4 EAD not affecting US workers
Earlier, DHS informed Federal court on Apr 1, 2019 that H4 EAD program does not affect job competition in US job market!
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.
H4 EAD revoke Rule details – Not available yet
DHS 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.
H-4EAD Status – Is H4 EAD Still Valid?
You CAN apply for new H4-EAD and H4-EAD renewals at this time. USCIS is issuing H4-EADs and you can apply 180 days before your current H4 EAD card expiry.
Will existing H4 EAD be Valid after DHS Revocation?
It is expected that DHS will allow to use existing H4 EAD cards to run through their validity. USCIS will stop the new cards and the EAD 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.
Find the mood of H1B, H4EAD community. Google account required to fill survey. See results after you have filled your own responses. No email collected. No spam. Your response remains anonymous.
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!
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