H4 EAD News Sep 2019 DHS Revoke Rule OMB Review Pending

H4 EAD news update today- lawsuit has better chance of saving than H4EAD protection act. OMB revoke review pending in Sep 2019. Next Federal court hearing Sep 27.

Written by Anil Gupta
  By Anil Gupta          Updated  2 Sep, 19

  231    


Sep 3, 2019 – OMB Review Pending

H4 EAD news update today: H4 EAD revoke OMB review is pending. It is possible that federal court may have something to say in next date of SaveJobsUSA vs DHS case hearing on Sep 27, 2019.

It is also expected that DHS may publish something before court date or ask for extra time once again.

HR 1044 has been passed in house. If it becomes the law, you will not need H4 EAD anyway.

It is expected that DHS might come out with the revoke rules before this date. Only time will tell though. Multiple journalists from AILA have reported that DHS is redoing its economic analysis on effects of H4 EAD revocation and hence is causing the delay.

OMB review has been pending since Feb 20, 2019.

OMB review pending after 120 days
OMB review pending after 120 days
Is H4 EAD still valid while OMB review is pending?

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.

Will H4 EAD be valid after DHS Termination?

Existing H4 EAD cards will remain valid after revocation. DHS is expected to stop the issuance of new cards and renewals.

Will the Federal Court Stop H4 EAD on Sep 27 court Hearing?

We do not know what will happen on Sep 27, 2019 Federal court hearing. The widespread expectation is that DHS or OMB may come out with something before the court date.

H4 EAD Protection Act

H4 Employment Protection Act was re-introduced by California Congress woman (Eshoo, Lofgren) in 116th congress in May last week. The chances of saving H4EAD with this law are very low at this time as compared to high probability of success with H4 EAD revoke lawsuit.

DHS Spring 2019 Agenda, Cissna Resigns

H4 EAD revocation appears on DHS Spring 2019 rule making agenda and USCIS director Cissna resigns. Cissna was strictly against giving out H4EAD work permits.

H4 EAD removal is on DHS Spring 2019 agenda list
H4 EAD removal is on DHS Spring 2019 agenda list

 

Trump’s DACA Executive Order Overturned by Court

A 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 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 presented their points 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 Favors 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.

The acceptance that H4 EAD does not affect American jobs is a win for H1B spouses along with a big blow to SaveJobsUSA’s case. It might be a hint that DHS may have something good for H4 EAD in their kitty. Only time will tell.

EAD Revoke Rule details

H4EAd revoke rules will be available as and when OMB publishes them for public comments. DHS submitted the revoke rules to OMB for review on Feb 20.

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!

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.


Open link in new window.

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.

Will H4 EAD be valid after DHS Termination?

Existing H4 EAD cards will remain valid after revocation. DHS is expected to stop the issuance of new cards and renewals.

H4 EAD News Timeline

  1. 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.
  2. Aug 23, 2018 – Business Roundtable letter supporting H4 EAD signed by Apple, ADP, American Airlines, Pepsi, Coca-Cola among other CEOs.
  3. Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
  4. May 16, 2018 – 130 bipartisan congress members signed letter of support.

USA USA News
 



Recent discussion on forum

  1. Vamsi_Krishna_Maring
    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


  2. Anil.Gupta
    Anil.Gupta

    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.


  3. divya_nathan
    divya_nathan

    Hi Anil,
    I am currently on an H1B valid till Dec 2019. Since my employer has decided not to go ahead with my PERM filing, I plan to go to India for an H4 stamping in Aug once my husband’s I140 is ready. Do you think it is still a viable option for me to apply for an EAD sometime in Sept 2019?
    Please advise.


  4. Anil.Gupta
    Anil.Gupta

    Hi @svkishore1988

    You can apply both H4 and H4 EAD once your i140 is approved.

    H4 EAD needs H4 status.


  5. svkishore1988
    svkishore1988

    Thanks for Reply, just an doubt if i apply both H4 and H4 EAD with H1B petition pending with USCIS, will my H1B will be voided once H4 is approved? say if my H1B petition is approved after converting to H4 can i move back to H1B?


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5 more replies

  231 Useful Questions & Answers

  1. Karthik
    Karthik 31 Oct, 18 at 11:51 am

    It is one thing h4ead going away in an year. But it is another thing whether companies will be wiling to risk hiring h4 ead given that they may leave them any time. Already some companies i know don’t prefer h4 ead candidates anymore. If possible they should consider switching to h1b.


  2. Go2018
    Go2018 17 Oct, 18 at 5:36 pm

    Hi Anil! I’ve applied for H4 COS H4 EAD application this August and the current status is still case received, The lawyer says it might took 5 months to get it approved, my questions is would USCIS continuing issuing EAD since the cash the check or they’re going to reject anyway.. What’s the chance for me to get the EAD..


    • Anil Gupta
      Anil Gupta 17 Oct, 18 at 5:52 pm

      Currently, the H4EAD is still valid and will be given to you. DHS has not published any final decision yet.


  3. H4Hater
    H4Hater 5 Oct, 18 at 5:41 pm

    H4 EAD is not skill based and they use their H1 spouse’s resume and help to crack interview n apply for $20 less than others to negotiate slacked performance. Since bill rate is low, every job task is completed overnight by H1 Spouse. H4 does nothing than getting an additional Tax ID and paycheck for family….lol Stop earning two salaries for one H1. SCAM!


  4. shilpa jain
    shilpa jain 24 Sep, 18 at 10:17 am

    Hi Anil,
    I am on H4 EAD, & currently working with Gov. organisation as a full time permanent employee, They hired me because my Skillset is rare to find in west zone. I am sure that Gov. companies don’t do Visa filing( h1), I don’t wanna panic them as of now, Until I am sure of something. What all options do you see I could have..


    • Anil Gupta
      Anil Gupta 24 Sep, 18 at 12:09 pm

      Well, if you want the work authorization, then I am afraid that the only option is to convert to H1B if H4 EAD is taken away.


  5. css
    css 22 Sep, 18 at 12:22 pm

    My prediction on H4 EAD. Since DHS is taking a lot of time perhaps they are considering some H4EAD to continue. So existing EAD will continue till the renewal. New and existing EAD (on renewal) will probably be issued on a case by case basis provided they meet H1b requirements (degree, pay consistent with local area, minimum pay, etc.). I will be surprised if they revoke all existing H4EADs immediately or within a few months. However I am not sure how this can be challenged in the court as H4EAD was issued by EO and not by Congress. This is the best H4 EAD holders can hope for.


  6. Jay
    Jay 17 Sep, 18 at 2:03 pm

    Hello, What will happen if Judge says go ahead with a case?


    • Anil Gupta
      Anil Gupta 19 Sep, 18 at 11:30 am

      The result would probably be same as it is now since DHS has stopped defending the case after Obama went out of power. They were earlier fighting it out in court saying that they have the power to give H4 EADs. Now, they are themselves trying to take away the work auth. So, both SaveJobsUSA and DHS have the same purpose. Not sure what will they fight for 🙂


  7. Klinkg Klong
    Klinkg Klong 31 Aug, 18 at 7:35 pm

    H4 EAD is like green card. I cannot believe these tech guys are blatantly exploitative and trying to sound sympathetic. h4 ead will not only impact Americans also the h1b guys who have locational restrictions. H4 ead people can go anywhere work for anyone. They have much higher chances of being hired as full time employees than h1b guys. I cannot even believe how it is possible.


    • Anil Gupta
      Anil Gupta 31 Aug, 18 at 7:55 pm

      As per my opinion, anyone who is not riding the H1B boat can never understand the H4EAD’s real value.
      It is market demand and supply that drives the jobs and economy. Anyone who has skills will get hired.


      • Klinkg Klong
        Klinkg Klong 31 Aug, 18 at 10:58 pm

        My point is if Primary visa does not have EAD dependent should not have EAD also. It is a loophole. I think they want to close this one. Because in my company really talented h1b guys with far more experience do no get the opportunity to be an FTE, Someone who started working only an year back with very elementary skills has become an FTE just because the person has a H4 EAD. It is just not fair for those who are on h1b. As an FYI H1B visa holders are one of the major group that opposes h4ead precisely for this reason. With new restrictions, scrutiny companies don’t want to go through the hassle of hiring h1b employees. H4 ead is an easier option for routine jobs.


  8. Sangeetha
    Sangeetha 31 Jul, 18 at 12:38 pm

    Hi Anil,
    Do you think i have chances for getting the H4 EAD if i apply now? Im planning to move to H4 in 2 weeks. Or are the chances low?
    Also thanks for this amazing site and for keeping us all posted.


    • Anil Gupta
      Anil Gupta 31 Jul, 18 at 12:47 pm

      Thanks for your feedback. I am glad you found website useful.
      You can apply for H4 EAD and you will get it. The withdrawal rule is still not out and they are working on EAD applications as normal at this time.


      • Sangeetha
        Sangeetha 31 Jul, 18 at 12:51 pm

        Sounds good. Thanks 🙂


  9. remmelkemp
    remmelkemp 29 May, 18 at 12:53 pm

    A class action lawsuit should be filed against DHS.


  10. Vishal Tiwary
    Vishal Tiwary 16 May, 18 at 1:59 pm

    Hi,
    It it worth to apply for new H4EAD now as USCIS is going to remove this law.


    • Anil Gupta
      Anil Gupta 16 May, 18 at 2:04 pm

      It is definitely worth it.
      The withdrawal rule is still not finalized. So, you still have a chance to get the H4-EAD approved.
      Also, once it is approved for 3 years, the chances are high that you will be allowed to work for next 3 years at-least even after H4 EAD is terminated.

      So, if you are planning to apply, i would strongly recommend to apply as early as possible.


  11. Anil Gupta
    Anil Gupta 16 Feb, 19 at 8:51 am

    My estimate is the slowest dates will prevail if DHS publishes rules. DHS has already taken more than 1 year to even come out with any H4 EAD removal rules.


  12. Anil Gupta
    Anil Gupta 24 Feb, 19 at 8:21 pm

    Spouse Passport expiry does not affect H4 EAD validity date. Primary H1B’s approval validity date is given for H4 EAD expiry.


  13. Anil Gupta
    Anil Gupta 28 Feb, 19 at 4:26 pm

    Looks like you are running late by about 2 years. This news has been running around for last 2 years now.

    Anyway, the expectation is that DHS will allow existing approved EADs to run through their validity. But, there is nothing known yet and we will update the article as soon as we get to know.

    Stay tuned.




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