H4 EAD Latest News Update: March 4 2020
Federal court gave their judgement on Nov 8, 2019 in SaveJobsUSA vs DHS case. The judgement was in favor of savejobsusa. Court ruled that the former IT workers have proven that H-1B holders compete
against them for jobs. and letting H-1B spouses work under the H-4 EAD, increases competition. If the spouses couldn’t work, some H-1B holders would leave and it will reduce the competition for Americans.
Basically the Federal court has not stopped H4 EAD. They have just referred it back to lower court for trial again. Since the case is back to the lower court. The lower court now will be hearing the case.
The court will decide the fate of thousands of h4 EAD holders. Whether DHS has any authority to issue H4 EAD work permits or not, will be decided by lower court. According to SaveJobsUSA, only congress can give EAD work authorization and. DHS has no authority to give H4 EAD work permit.
So, what is next?
DHS is still working on H4 EAD revocation rules.
This result is just a temporary relief.
They have to file a separate lawsuit to save H4 EAD
if DHS publishes h4 EAD revocation rule in spring 2020.
Can H4 EAD be saved with Lawsuit?
Of course, Lawsuit is expected when DHS publishes the revoke rule. Whether it will save H4 EAD or not that is difficult to tell. But it will definitely give some more time to h4 EAD holder. And the final decision will decide the fate of current H4 EAD rule.
H4 EAD News Update: August 26 2019
There is no update on h4 ead case. If there is no update then it means that H4 ead holders can continue working and new ead application can be filed. So, no update is good for some people.
The next hearing of DHS vs SaveJobsUSA case will be on Sep 27, 2019.
Most recent H4 EAD USCIS News summary till August 26 2019:
New biometric process rule lawsuits: Since the new biometric rule delays h4 ead processing, so many individuals filed H4 EAD delays lawsuits stating that H4 EAD application process delays with the introduction of New H4 Biometrics Process. It is causing hardships for them due to the USCIS delays.
H4 EAD Protection act Bill re-introduced : In May 2019, California Congress woman Eshoo re-introduced H4 EAD protection act bill in House. As of June 2019, this bill is in sub-committee for review. We are still yet to get any information.
When Will Trump Revoke H4 EAD? Is it even possible?
Employment Authorization for Certain H4 Dependent Spouses Bill: On May 26 2015, this bill was passed by USCIS. And this brought happiness to the millions of immigrants all over the USA. Before this rule, thousands of H4 visa holder were there without work authorization and were not able to work.
So, when the bill passed. H4 visa holders began to take jobs for which they were qualified. Because of this rule so many Americans complained that they were going to loose jobs. Then some group filed law suits again the H4 EAD rule to stop it.
This rule was also against Trump’s Buy America and hire Americans campaign. Mr. Trump is against this rule and he also feels that this is taking up American’s job. This rule is definitely increasing competition for jobs. Now Americans will have to fight with the thousands of immigrants holding H4 EAD. So, the case is still on and there is no verdict yet. Everyone seems right. It is hard to tell who is going to win.
H4 EAD rule and eligibility
A person having H4 visa status is eligible for the EAD (employment authorization document):
- If his/her spouse has an approved I-140 (immigration petition for Green Card or Permanent Residency).
- If his/her H1B visa spouse has status lasting longer than 6 years under the AC21 Act.
H4 EAD Lawsuit and Who filed it?
H4 EAD lawsuit was filed by an organisation of IT workers known as Save Jobs USA. This organisation believed that they have already lost their jobs to the influx of h1b workers.
In April 23 2015, before the H4 ead rule came into existence, the save jobs USA group filed a lawsuit against the Department of Homeland Security (DHS), so that new law did not come into effect. The organisation claimed that the new rule was going to harm American workforce seeking employment. At court, they claimed that it would make the job market more competitive. And it would make it difficult for Americans to get jobs. The organisation also claimed that DHS did not have the authority to grant EAD to H4 visa holders.
However, in September 2016, the Federal district court dismissed the lawsuit stating that Save Jobs USA organisation could not prove that the H4 EAD eligible persons were going to negatively harm Americans. Save jobs USA have appealed. Since then the case continues between DHS and save jobs USA.
H4 EAD timeline: How much time it takes for EAD to get it approved?
After getting I-140 approved, H4 visa holder’s spouse can apply for H4 ead. Generally it takes around two to three months to get it approved. But with the introduction of Biometric rule, it may take more time. This biometric rule was recently introduce.
Why Most of the Americans are Against H4 EAD Rule?
It is natural for anybody. They feel h4 EAD rule will increase competition in the job market. And they will lose jobs. They have already given H1b and so many other visas to work in the United States. They feel like it is “buy one and get one free” kind of thing. And it is somewhat true. We should respect their stand.
Is H4 EAD biometrics mandatory ?
Yes, from March 2019 biometric is mandatory for h4 extension, transfer and h4 ead.
You can read about H4 biometric by clicking this link USCIS H4 visa Biometrics appointment documents Experience ASC.
To read more about H4 visa. Click here theustravelguide category h4 visa. What do you feel about H4 EAD rule. Please comment your thoughts on it.
Useful link for H4 EAD Documents Needed For H4 EAD Application form checkList USCIS.