H4 EAD News Sep 2019 DHS Revoke Rule OMB Review Pending

H4 EAD news update today- DHS informs Federal court that earliest revoke date could be March 2020. No need for SaveJobsUSA court case oral arguments.

Written by Anil Gupta
  By Anil Gupta          Updated  17 Sep, 19

  231    


Sep 17, 2019 – March 2020 Is New Revoke Date

H4 EAD news update today: DHS has told court that earliest possible date that H4 EAD revoke may be published is Spring 2020, which is probably sometime in March 2020.

DHS has asked federal court to remove the Sep 27 oral argument from its calendar.

Earlier, Federal court has asked SaveJobsUSA and DHS to submit their arguments by Sep 16, 4 PM and claim why the oral argument scheduled for Sep 27 should NOT be indefinitely postponed.

Federal Court asking for arguments to postpone Sep 27 hearing
Federal Court asking for arguments to postpone Sep 27 hearing

Earlier on Sep 10, DHS has filed an official reply in Federal court saying that it continues to wait for OMB review approval. No H4 EAD revoke timeline has been given.

DHS and USCIS continues to wait on h4 ead revoke OMB review
DHS and USCIS continues to wait on h4 ead revoke OMB review

H4 EAD revoke OMB review is pending for more than 6 months now.

Amanda Baran Meeting has new Document

An OMB meeting on May 1, 2019 has a document upload.

Amanda Baran OMB meeting for H4 EAD

The document talks about points in favor of H4 EAD workers but has no other details about the outcome of the meeting. Amanda has probably put forward her points in favor of H4 EAD as evident from this document (PDF – wait for it to load):


Open link in new window.

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.

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.

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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