H4 EAD News June 2019 DHS Revoke Rule OMB Review Pending

Written by Anil Gupta
  By Anil Gupta          Updated  19 Jun, 19
  224    


June 19, 2019 – OMB Review Pending

H4 EAD news update today: OMB review is still pending. A widespread expectation is that OMB may come out with something by June 20. It is an important day as the OMB will complete 90 + 30 days of extension after the DHS submitted revoke rules for review on Feb 20, 2019.

Some Indian newspapers ran a story on June 18 about USCIS saying that H4 EAD rule is delayed but there is nothing new that we have observed.

Multiple H4 and H4 EAD approvals have been reported from Vermont now after the court case. The first H4EAD approval after biometrics was on June 11.

The theory that USCIS and DHS were intentionally delaying the EAD approval does not seem to stand ground now.

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.

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

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.

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.




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 @divya_nathan

    H4 EAD is available until it is finally removed. You can file it.


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