Federal court gave their judgement on Nov 8, 2019 in SaveJobsUSA vs DHS case.
There are several reports that claim SaveJobsUSA won the case whereas others are rejoicing DHS win. The truth is that the judgement has not given any decision on H4 EAD revocation as such.
So, the H4 EAD stays valid at this time and you can still apply it. You can follow our H4 EAD news page for all updates.
Is It Good News for H4 EAD Workers?
It depends on how you take the news from your perspective. It is a situation similar to “glass is half full or half empty”.
My understanding is that it’s a good news for both sides.
#1 DHS, H4 EAD Workers Rejoice
Federal court has not decided on fate of H4 EAD and has not stopped it. They have just referred it back to lower court for trial again.
The battle to save H4EAD is on two fronts:
- SaveJobsUSA court case asking court to terminate H4 EAD permits
- DHS’s own process to stop EADs.
This is an important win as both DHS and SavejobsUSA are simply trying to stop H4 EAD. If court had agreed completely with USA workers, they could have just ordered DHS to terminate H4 EAD program. This has not happened.
ImmigrationVoice has actually saved the case from one sided judgement by representing the H4EAD worker’s side in court.
This gives more time and oxygen to H1B families as the lower court trial will re-start and will take its own time. You can expect it to run for similar 2 year time-frame that federal court case has taken.
In its previous ruling, the District court (lower court) had already sided with DHS saying it has the authority to issue work permits to H4 dependents.
#2 SaveJobs USA Happiness
SaveJobsUSA was able to get approval from court to get a re-trial from lower court. This can be counted as their win.
They were also able to convince the federal court that temporary work visa holders on H1B and their dependents do increase competition in US job market.
But, they will still have to prove it that DHS does not have the authority to issues Employment Authorization to H1B dependents. It will not be an easy job since they have lost similar argument earlier in lower court.
Yes, DHS is still on its way to revoke H4 EAD as per their intentions using the rule making process. This is a completely different matter and was started by Trump administration as part of their promises made in election.
The Federal Court case decision does not affect this revocation rule making process which is still pending with OMB.
This result of federal court case is only a temporary relief.
Saving H4EAD will still need a lawsuit if DHS publishes revoke rules in Spring 2020.
Immigration Voice Says DHS Won
ImmigrationVoice reported that court did not find DHS overstepping its authority in issuing H4 EADs.
They are not wrong in their interpretation as court did not completely side with SaveJobsUSA and did not give our any clear cut judgement with respect to the future of H4 EAD.
IV said that SaveJobsUSA can now ask for re-trial in the lower court, which had earlier sided with DHS claims that they do have the authority to issue H4 work permits. SaveJobsUSA had claimed that DHS has no authority to issue EADs.
Bloomberg Reports SaveJobsUSA Win
Bloomberg reports the win from the viewpoint of SaveJobsUSA for same case by claiming:
- Court agreed that H4 EAD is an incentive for H1B temporary workers to stay in US.
- Court Agreed that H4EAD increases competition for American workers who are already competing with H1B in open job market.
ImimgrationGirl blog by Emily Neumann reports that case will now continue in lower court to challenge DHS’s authority to issue H4 EAD work permits.
Next Steps in Lower Court
The trial will now continue in district court with ImmigrationVoice extending their representation there for H4 EAD workers.
DHS may again ask the court to keep the case on hold as they are themselves working on removing H4 EAD cards. This is same as what they did in Federal court case.
It depends on how court moves ahead and takes a decision on the main challenge:
Does DHS have authority to issue H4 EAD?
If they hear arguments and finally SaveJobsUSA wins the case, the DHS may be ordered to stop issuing H4 EAD immediately. This can certainly be challenged in higher court again by H4 EAD workers to get a stay on judgement.
The whole process can take several years. So, stay tuned for updates.
Federal Court Case Judgement Copy
You can read the decision yourself and find the reason to be happy or choose to be sad based on your own assessment:
Open link in new window.
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