H4 EAD News April 2019 DHS Revoke Rule – OMB Review

Written by Anil Gupta
  By Anil Gupta - Updated on  25 Apr, 19
  684  

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.

OMB H4 EAD review internal meeting
OMB H4 EAD review internal meeting

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.

Related: H4 EAD Revoke Estimated Time Line – When to expect Final Removal

Join us on WhatsApp Group 5 – (Group 4, 3,  2 and 1 are full at this time.), Facebook Group, Twittter, Truvisa.com or Telegram Group for latest updates, questions and answers.

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.

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. See results after you have filled your own responses. No email collected. No spam. Your response remains anonymous.

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. 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.
  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 informed the federal court about completion of rulemaking work and rules pending USCIS review.
  6. 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.
  7. Sep 6, 2018 – USCIS replied back to Internet Association confirming their stance of no backing off.
  8. 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.
  9. Aug 22, 2018 – Internet Association sent a letter to USCIS requesting a re-think on their H4 EAD withdrawal rule.
  10. Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
  11. 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.
  12. 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!

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


USA USA News  

   684 Questions & Answers



  1. XXYY
    XXYY 2 Apr, 19 at 3:40 pm

    Hi Anil,

    Do you think that DHS trying to get case dismissed is a good thing? Because they are anyway going ahead with OMB review for proposed rules right. So how can anyone stop them from publishing the rules if there is no lawsuit.

    Regards,


    • Anil Gupta
      Anil Gupta 2 Apr, 19 at 4:13 pm

      I have shared my analysis above.


  2. h4andead
    h4andead 1 Apr, 19 at 1:10 pm

    Hi Anil,
    I filed for H1 to H4COS and EAD concurrently on Sep 24th in VSC and on March 20th 2019 my EAD got approved. I have received the courtesy copy of EAD and my EAD card in mail. When i called USCIS to check on my H4 status they told that my H4 application has been approved on March 20 and they have sent the approval documents to my lawyers address. My lawyers have not received the documents yet, most likely it got lost in the mail.I can request for duplicate H4 approval notice only after 30 days .There is no change in my online case status for H4. It still shows as “Case was Received” .

    What is the best to do in this scenario ? Wait for 30 days and then apply for duplicate H4 ? Not sure how long it takes for duplicate H4 approval notice.
    I had plans to go India this month, is it possible to go to India and get H4 stamped ?


    • Anil Gupta
      Anil Gupta 1 Apr, 19 at 2:02 pm

      Your question about H4 approval copy not recieved is out of scope of this article. I have added it to our forum and answered it there.

      You can ask follow up question in the forum itself. We reply within 1-24 hours.


  3. Rajkumar Srinivasan
    Rajkumar Srinivasan 31 Mar, 19 at 5:18 pm

    Hi Anil, need your input pls. My spouse job got impacted this Friday in a mass layoff and transition time is 2 months.I am doing my M.S on H4 EAD with 3 more terms to complete and doing internship currently.Considering the worst case, is it a good idea to go for F1 stamping in India,citing the reason of not being in a position anymore to be dependent on my wife h1b. My EAD expires Feb 2020.


    • Anil Gupta
      Anil Gupta 31 Mar, 19 at 5:43 pm

      The chances of approval for H4 to F1 are 50-50 based on the experiences that i have heard from people.

      The best option is for your spouse to get back to H1B status as early as possible.


  4. Shashank
    Shashank 27 Mar, 19 at 7:50 pm

    Hi Anil,

    I am trying to book a visa interview for my wife (who does not have a visa yet) and myself. I have a valid h1b, and on the website I was told I was eligible for visa waiver. Do I pay the fees for both of us together and schedule the interview for her or should I create a separate profile for her and schedule it from there?

    Thanks.
    Shashank


    • Anil Gupta
      Anil Gupta 27 Mar, 19 at 8:00 pm

      Your question about H4 visa stamping is out of scope of this article. I have added it to our forum and answered it there.

      You can ask follow up question in the forum itself. We reply within 1-24 hours.


  5. Abhijeet
    Abhijeet 27 Mar, 19 at 2:09 pm

    Hi Anil,
    I know its too early to tell, Can any Lawsuit delay or stop H4 EAD removal?
    Is there any remote possibility of it?


    • Anil Gupta
      Anil Gupta 27 Mar, 19 at 4:06 pm

      Depends on the court and the judge. Chances are high that it will be blocked by lawsuit.


      • KR
        KR 27 Mar, 19 at 6:09 pm

        Do you know at what stage in this Revoke Process we will start seeing any lawsuits? is it because they are waiting for the rule to published before filing any law suits??


        • Anil Gupta
          Anil Gupta 27 Mar, 19 at 7:40 pm

          Yes, people and attorneys are waiting for the rules to come out.
          Once they know what DHS plans to do, then they will prepare their case and argument and then file lawsuit.


  6. Yin Yi
    Yin Yi 26 Mar, 19 at 10:30 pm

    Hi Anil
    If my current company A filed my wife’s h4 EAD extension and is pending, and then I jumped to a new company B, how would the h1b transfer impact my wife’s EAD extension? And would the new h1b transfer premium processing be able to accelerate the h4 EAD extension case? Thanks!


    • Anil Gupta
      Anil Gupta 27 Mar, 19 at 9:41 am

      Your question about H4 EAD pending extension status after H1B transfer is out of scope of this article. I have added it to our forum and answered it there.

      You can ask follow up question in the forum itself. We reply within 1-24 hours.


  7. Sho
    Sho 20 Mar, 19 at 10:04 am

    Hi Anil –
    Thanks for being patient and answering all the queries. I submitted H4 and H4 EAD with H1B in Premium processing. USCIS Reject and send the H4 and H4 EAD forms back with a letter that says “Correct edition date of formis required” I submitted the following forms:
    I 539 OMB No 1615-0003 Expires 04/30/2018 ( at bottom of form it says Form I-539 04/06/2015 N)
    I 765 OMB No. 1614-0040 Expires 05/31/2020 (at bottom it says Form I 765 05/31/2018)
    I am not sure why did they reject it and what I need to do next. If I need to resubmit it the form does it have to be today to not go for biometric ?

    thanks


    • Anil Gupta
      Anil Gupta 20 Mar, 19 at 5:43 pm

      Your question about H4 and H4 EAD old form rejection is out of scope of this article. I have added it to our forum and answered it there.

      You can ask follow up question in the forum itself. We reply within 1-24 hours.


  8. Zora
    Zora 19 Mar, 19 at 10:51 pm

    I am waiting for my husband’s 140 and want to apply H4 ead. I’ve with H4 visa right now, but will start working in Canada next month. I want to ask if at that time the H4 EAD is not cancelled. Can I apply it while I am in Canada? Or I need to travel back to US, file the EAD request and wait until I receive the receipt and go back to Canada to work? Thank you so much!


    • Anil Gupta
      Anil Gupta 20 Mar, 19 at 8:21 am

      Your question about filing H4 EAD from Canada is out of scope of this article. I have added it to our forum and answered it there.

      You can ask follow up question in the forum itself. We reply within 1-24 hours.


  9. Sid Kapoor
    Sid Kapoor 19 Mar, 19 at 1:59 pm

    At what points in the process can chances arise that the H-4 EAD revoke rule will not be enacted and the H-4 EAD practice will remain valid?
    I guess what I am asking is, is there anyone/anything that can happen which can stop the H-4 from going away or is hope, for the most part, lost already?


    • Anil Gupta
      Anil Gupta 19 Mar, 19 at 9:20 pm

      A lawsuit in court may stop it.


  10. Anonymous
    Anonymous 19 Mar, 19 at 8:21 am

    Here is another report supporting H4 EAD: This is from the Cato report titled “Hurting Americans in Order to Hurt Foreigners” by BY IKE BRANNON AND M. KEVIN MCGEE. This is sub-titled “Benefit–cost analysis challenges the Trump administration’s effort to end the H-4 EAD program.”

    “Employed EAD holders typically have held an EAD for two
    years and earn about $77,000 a year—an income that is above
    the U.S. median salary. Some 66% of them work in a STEM field,
    mostly in computer-related, engineering, or math or statistics
    jobs, earning on average about $83,000 annually. Some common
    self-reported job titles in our survey include systems engineers,
    software developers, automation engineers, quality assurance
    analysts, and data analysts—all jobs that U.S. employers have
    trouble filling.
    Another 16% of respondents report working in the Business,
    Finance, or Management fields: this group typically reports holding occupations such as project managers or product managers
    and average about $73,000 annually.
    An additional 8% of employed respondents report working in
    the Healthcare Practitioner or Healthcare Support fields, in such
    occupations as physician, dentist, pharmacist, nurse, physical
    therapist, and healthcare business analyst. Once again, these are
    areas of high economic value, reflecting the high level of education
    and training among these H-4 visa holders. The average earnings
    of this group is about $76,000 a year.”

    “Our estimates show that rescinding the EAD program
    for H-4 visa holders would reduce federal and state tax
    revenue and U.S. economic activity without creating
    any jobs on net for domestic workers.”

    “We received responses from 4,708 individuals currently holding H-4 visas, 90% of whom were female. Not surprisingly, our
    sample was highly educated. Recall that H-4 visa holders are
    spouses of H-1B visa holders, who are foreign workers in specialty
    occupations. H-1B recipients overwhelmingly have college degrees
    in science, technology, engineering, and mathematical (STEM)
    disciplines and are employed in occupations like engineering,
    computer science, bio-sciences, and other high-tech areas.
    Their spouses, H-4 visa holders, tend to have similar educational backgrounds. Less than 1% of our sample had less than a
    college degree, and nearly 60% had a master’s degree, doctorate,
    or other professional or postgraduate degree. Some 83% of our
    respondents currently hold EADs; 75% of those EAD holders are
    currently employed in the United States, and almost 7% of them
    report being self-employed”


Ask on forum - Get Answer in 1-24 hours