DHS can revoke H4EAD work permits within 4 months after the OMB review is completed. The maximum time prediction is 1 year for H-4 EAD to be stopped.
The date keeps extending as DHS, USCIS, and OMB are taking their time to carefully review the economic impacts of removal on H4 dependents.
A predicted timeline chart for final H4 EAD rule based on how fast DHS and Trump government moves to terminate H4 EAD work permits.
These are just estimations. DHS may take much longer than anticipated based on prior experience.
This article will discuss:
Save H4EAD by Lawsuit
#1 Government Cannot Change Policy Arbitrarily – APA act
DHS created the H4 EAD work permit rule and then they cannot arbitrarily change their mind. About 100k H4 dependents took the benefit of the government’s decision and made life-altering personal and professional decisions.
The sudden decision to take away EAD work authorization will be counted as arbitrary and capricious in the eyes of law. H-4 EAD was implemented by DHS legally and after following all the procedures of rulemaking.
#2 Violation of Due Process Rights
Emily argues that each H4-EAD holder has the right to due process.
Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.Wikipedia
By revoking the legally established process of H4 EAD, the government of the US may be challenged in court.
#3 Intent of Bias Against Indian and Chinese
H4 EAD revocation may violate the Fifth Amendment which protects people from federal officials of their acts of discrimination on purpose. As the majority of H4 EAD holders are either from India or China, it can be argued in federal court that DHS intentionally eliminated the H-4 EAD to target people from these nationalities.
H4 EAD Revoke – My Opinion
The lawsuit may take years to reach a final decision just like the current SaveJobsUSA Vs DHS case against H4 EAD.
DHS is taking time to conduct economic surveys and following the due legal process to make the rule to defend the H4 EAD future lawsuit in court. DHS’s economic impact study has concluded that H4 workers do not affect American jobs. In addition, the state and federal tax collection will be reduced if H4 EAD workers are asked to sit at home.
My estimate says that DHS will follow the SLOW timeline as the entire motive behind the H4 EAD revocation is to gain political mileage using anti-immigrant waves. The final decision will probably be taken pretty close to president election time just to get votes.
OMB Rule Making Process
OMB rule making process is long and can take multiple years.
When the initial H4 EAD work permit final rule was published for use in May 2015, the OMB review process had started in May 2014.
DHS had followed the same process of making rules in 2014 with OMB.
Change status from H4-EAD to H1B?
My suggestion is to change to H1B status if you are eligible. Getting on to H1B will help you continue your job and help keep the mortgage and car loan installment tensions away.
A lot of people who were working on H4-EAD and were eligible for H1B have already moved to H1B fearing the revocation.
Remember that you can start work on H1B only after your H1B change of status is approved.