stay tuned. That still remains a hindrance, one hopeful Poonam VR wrote on the Facebook group “H4 visa, a curse”: Good news that its revoke is withdrawn but taking months to years to get H-4. 50 years History of how INA has given authority for DHS to create rules like H4 EAD. Court reviewed it and denied the motion to hold the case in Abeyance or put stay on the deadlines. The Mandate document is filed after the re-hearing requests deadline is passed. READ: DHS tells federal court that H4 EAD termination rule is still being reviewed by OMB (September 10, 2019) Loss of, or inability to secure, employment outside of … Congress did not prevent H4 EAD as they did not had any intent on the same. The H4 EAD revocation process is still active in court though. Save Jobs make many references to the cases, only court can validate all such proofs. Neither parties have filed any documents yet. It is a 49 page document, we have summarized it. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of … Check back here regularly for the latest H4 EAD news. Do not worry. The re-hearing requests in Appeals court were denied and the final order was sent to District court on Feb 7th, 2020. Damage done to irrevocable life decisions of H4 Holders. By submitting your comment, you agree to Term and Conditions of our website. Only certain EAD categories are eligible for automatica 180 days extension and H4 EAD is not in that list. please share your thoughts on this , Thanks! Now, Immigration voice want to make it clear that from DACA decision from Supreme Court that they did not evaluate the work authorization granting authority of DHS in the decision of DACA. We continue to wait. Both of them support H4 EAD and support all the actions of DHS. H4 Visa, H4 EAD Premium Processing Latest News [Jan 2021] US Congress passed Bill HR 8337 that added provisions to expand premium processing for H4 Visa and H4 EAD. To be eligible for an H-4 EAD, your spouse must be an H-1B holder that was granted H-1B status under sections 106(a) and (b) of AC21. From Rule-making side, no update from OMB on the H4 EAD rule removal yet, it still pending review. Do NOT write hate speech, swear words, or get into fight. We need to wait and see how the court reacts to this. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. Below is the screenshot. The recent relief H4 EAD holders got will not apply to this group. For many years, since the H4 visa program inception, H-4 holders have not been provided with any work authorization. You can check the actual court documents on our, H4 EAD and Trump Administration actions history timeline by date from 2017 to today, Latest News, Lawsuit updates. Still the rule is in very early stages and until the rule completes comments, review and it becomes final, you can apply for H4 EAD and work on the same. An H-4 EAD application cannot be approved without a valid H-4. Scroll down bottom for latest H4 EAD news update. On Jan 25th, 2021, H4 EAD Removal Rule was withdrawn after Biden Administration took office. The reason is that they have mentioned that to the court on September 21st that they would file it to OMB within 3 months and that day would be Dec 21st. Please suggest best options for me what I need to do Incase I do not get h1 transfer in 60days. The H4 EAD rule revoke was withdrawn on Jan 26th, 2021, after Biden administration took office. DHS has to defend their action now in court, in the past they said they plan to cancel it and had regulatory agenda item as well. We are expecting that DHS would very likely publish the rule for OMB review by December 21st, 2018. But, in terms of the lawsuit status, nothing has changed. The attorney who has filed the case has accused United States Citizenship and Immigration Services (USCIS) of abuse of power “in an egregious and outrageous manner.” We need to wait and see, if court will give the extension…Stay tuned for updates. On the lawsuit side, DHS has requested Court to extend their date by 14 days due to pre-planned court hearing travels, leave. © Copyright RedBus2US, All Rights Reserved. On the lawsuit front, the judgment was given by appeals court that Save Jobs USA has standing in the case and it is now sent to District Court for further steps. USCIS updated in their court brief on May 4th saying that they plan to publish the H4 EAD revoke rule in Spring 2020 agenda and publish the rule for NPRM soon. The rule shows concluded date as 25 Jan 2021 and the concluded action as ‘Withdrawn’. No response on the injunction order to stop H4 EAD by district court. Yes, it H4 EAD rule is still valid. DHS is looking to propose NPRM for H4 EAD rule removal in November 2018 as per the update. There is no response on the injunction order. Also, there is another update on Skilled Immigrants America Facebook group stating the background work done by a group of H4 holders advocating to fight against the removal of H4 EAD rule and lawsuit. Save Jobs USA says that there is no point in sending this back to old court, as the key points were discussed. I strongly advise to apply for H4 EAD if you are eligible. Would that extend to H4 EAD as well ? SudhaPSG, 1. Find the mood of H1B, H4EAD community. The meeting at 1:30 was attended by IRLI, which is a American Employees Rights Organization, unlike at 1:00 PM the meeting was attended by many Indians and USCIS officials. Many attempts were made in the meantime by Members of Congress, Many other groups including CEOs of companies, writing letters to USCIS to re-consider and not remove H4 EAD and the hardships it will create to many, but all of them were politely replied saying their intent is to align with Trump’s Executive order priorities and public will get chance to put in their comments during rule removal process. I got my I140 approved last week and planning to apply for EAD. In 2019, a US Court of appeals denied the abolition of the H4-EAD and sent it back to a lower court for further assessment. There are no additional details given regarding the rationale of OIRA to withdraw the rule. It is going to be interesting as we have lot of things going on in parallel with DHS and court case in progress. Home » US Immigration - Visas » H4 Visa » H4 Visa EAD 2021 News – Lawsuit Status, Biden Administration Actions, In H4 Visa by SaurabhUpdated : January 26, 20212968 Comments. eval(ez_write_tag([[250,250],'redbus2us_com-banner-1','ezslot_11',196,'0','0']));What are your thoughts ? to Trump government , H4 ead removal is ‘ECONOMICAL IMPACT AND SIGNIFICANT’, so will it be continued and processed towards removal ? As of May 31, 2019, USCIS processing times for an H-4 application are as long as eight … 6 talking about this. You need physical valid EAD card in hand to work. This can be only used, if your H4 EAD was approved, but you did not get the physical card. H4 EAD Revocation common FAQs – validity, can you apply, future applications, etc. The SaveJobsUSA court case is still going on but may not reach a decision in favor of SaveJobsUSA. USCIS is really busy handling cases with various visa situations tied to, Previous update, include a document tied to the May 1st meeting was posted on the OMB meetings page for the rule. Thousands of H-4 spouses applied for H4 visa EAD ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home.2. If you need to additional details, check history, background, predictions and detail updates, scroll down and review timeline for all updates, opinions, FAQs. The reason they filed the document is that Save Jobs USA argued that DHS exceeded their authority and issued H4 EAD and they referenced DACA case in the past. Having said that, in the past for DACA and other similar rules, DHS let the existing EADs be valid until they expire, which technically let them work until their full validity. As you already know due to long delays a lot of people are now affected. Or is the delay due to biometrics mainly in which case it will only get worse? The green highlighted one is not there is Spring 2018 rule info. Immigration voice has standing as Intervenor due to court order and the potential injury to H4 Holders. How are you ? Showing of 1 - 20 from 53 results. Save Jobs Argument brief summary submitted in Jan 2019. I have no valid stamp on passport but my h1b was valid till 2022 and have 60 days for transfer. Since President Trump’s administration took office, there has been lot of speculation and rumors about what will happen to H-4 visa EAD rule. There are some minor changes in attorney’s representing the case. So considering I do not get h1 transfer in 60 days can I still stay in us if I have filed for H4 cos and ead on 50th day ? As you know re-hearing requests were filed by DHS and Immigration voice, but they were denied by court. It can get better, but will take time. DHS argues in the response document to all the concerns raised by SAVE Jobs USA in their motion regarding more jobs lost, future litigation, etc. See below the comparison. It is updated on the, Save Jobs USA filed their Appellant’s reply brief earlier today. USCIS Releases Details on FY22 H1B Cap and Electronic Registration System. Will share more details in separate article on Biden’s plans. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. All H4 EAD employees who presented the Form I-797 Notice of Action as a List C document, will have to submit new evidence of employment authorization from either List A or List C. By Feb. 1, 2021, employers must re-verify these employees and seek a copy of the EAD card once the employee receives it. While the pendulum of the COVID19 impact on US economy is oscillating over the future of H1B visa holders, their spouses on H4 visa got relief despite the unprecedented situation. The Department of Homeland Security has justified revoking H-4 EAD work authorizations by arguing it increases American citizens’ chances of obtaining jobs currently held by H-4 workers. No new update in March yet. DHS has been keeping the H4 EAD revocation as part of its agenda items ever since Trump became the president. Join Telegram, Facebook and Community Forum to discuss, ask, share. In another swift move, President Biden has allowed for H4 EAD to stay and withdrawn all proposals to revoke H4 spouse's right to work in the U.S. Immigration and Visa News. Steven Brown is an attorney in the firm's H-1B Department and represents our business clients throughout the entire H-1B, H-4, and H-4 EAD process. Both are related and hence sometimes cause confusion. Most of these meetings are OMB review meetings to assess the impact of the rule as part of due diligence. If it is not a priority, court will not process Injunction order. Check more details of, A new bill called “H4 Employment Protection Act” was introduced in House by Reps. Eshoo and Lofgren. Either of the parties are yet to file the documents. They have met with OMB and submitted lot of data and report on the current situation of H4 holders . H4 Visa EAD 2021 News – Lawsuit Status, Biden Administration Actions. Only new info added is the meetings data. More details on H4 EAD Lawsuit.eval(ez_write_tag([[250,250],'redbus2us_com-large-leaderboard-2','ezslot_17',137,'0','0'])); ‘Save Jobs USA’ (an organization comprised of IT workers who claim they lost their jobs to H-1B workers) filed its lawsuit against Department of Homeland Security (DHS) on April 23, 2015 before the rule was about to go live. Some of these arguments are logical. DHS has withdrawn the EAD revocation rulemaking process. See below. See below screenshots. Today was the deadline for brief from DHS, but nothing came out today as of 8:30 PM EST. It does not hurt to have a backup option. It is scheduled for May 1st, 2019 for 3 pm. Check out, DHS filed a motion today to put a stay on the deadlines as there is no funding due to Govt. Every proposed rule has to go through Standard 9 Rule Making Steps in US to become law, in our context H4 EAD removal also has to go through the same steps. The court case is still going on and has not reached a final result. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:. It is marked as economically significant. H4 EAD removal rule was withdrawn by DHS on Jan 26th, 2021.  Also, they say that there could be another litigation as well, if the H4 EAD is removed, so they are asking for oral hearing to clarify one simple question if DHS had the authority to give H4 EAD without Congress approval. One by Immigration voice only and Second one by Immigration voice and other non-profit trade organizations. The case against EAD for H-4 visa holders has been built on the argument that the provision has increased competition in the job market. On Jan 25th, 2021, OMB has withdrawn the H4 EAD Removal rule. H4 EAD can be applied if you are inside the USA and can be approved by USCIS at this time. eval(ez_write_tag([[300,250],'redbus2us_com-large-mobile-banner-2','ezslot_12',134,'0','0']));It all started with a lawsuit by ‘Save Jobs USA’, that questioned the authority of DHS to grant EADs for H4. Absolutely Yes, until the official rule is published, you are eligible to file for H4 EAD in 2021. Your email will NOT be published. Earlier on May 7, 2020, DHS told the federal court that any claims of economic harm suffered by Save Jobs USA are completely speculative. Just curious, what is a joint status report? H4 EAD rule allows qualified H4 dependent spouses of H1B visa holders to legally work in the United States. Acc. The replacement brief filed by Save Jobs USA emphasises on the previous points such as DHS lacking authority to give H4 EADs in first place and how H4 EADs are hurting the SAV Jobs USA members. Unless courts take any action in future, everything will be normal. Save my name, email, and website in this browser for the next time I comment. Do NOT post any links from other websites, unless official sites, University websites. DHS never had the authority to grant EADs to H-4 visa holders. H4 Extensions Approvals after Biometrics. H4 EAD news: May 2019. Since with all these H4, H4EAD delays, can H4 continue to work with previously approved EAD valid till Mar 22. DHS is not actively looking to revoke H4 EAD work permits. See below screenshot. “There is still the risk of a negative court ruling in the Save Jobs USA case that is pending on this very issue,” Chothani said. We need to see how the court will consider the new case details that DHS is comparing to and how Save Jobs has responded to the same. The key info is highlighted below in screenshots. The DHS may also change their stand in court now and bat for H4 EAD rights. Had to travel India, reentered with expiring passport in June 21. US Court of appeals issued two Per Curiam Orders ( basically issued by court and not a specific judge) stating few things : No new updates on H4 EAD until today in this new Year 2019. Have H1B visa status extended beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending. Redbus Readers, Great. H4 EAD’s fate is hanging on to these two streams separately: DHS has withdrawn their rule making process and this should help the H4 EAD workers in the USA. After USCIS announced that H4 visa holders can apply for EAD, there was a large number of H4 visa holders who jumped at the opportunity to work. This order gives DHS more time for OMB review of the initial proposed rule.You can check. …Usually the updates happen in the business hours, we have not seen anything today. H4 EAD News: By now, the Federal courts also have heard arguments and only H4 EAD Visa holders into work and also the instance was pitched around between your District Courts. Also, we are still waiting for review and updated from OMB, we were expecting something there, nothing moved there as well. It was filed by … It gives you an extra backup option to work, if something happens to H4 EAD and USCIS does not let H4 EADs work until the expiry date after rule is removed. With the confusion around H4 EAD, is it advisable to apply for H4 EAD. The current rule published in RegInfo.gov does not have much changes, except there is no need justification in the current rule proposal. You can see below. Let’s hope excruciating long wait … H4 EAD Rule removal is now part of Spring 2018 agenda and the timeline has been updated to June 2018 for rule proposal and comment period. The measure had been brought in during the Barack Obama presidency. Check out. Also, we hit the 90 day mark today for OMB review, technically, we should have heard something today, but they can extend by another 30 days until June 20th, need to wait and see. Now I-94 getting expired in June 21. Currently biometrics + H4 extension + H4 EAD extension + H4 EAD card printing is necessary. This is due to COVID restrictions and they not taking many appointments. H4 EAD revocation is part of DHS Spring 2020 agenda This agenda is shared by DHS twice every year and H4 EAD revocation features on it every year. It also includes policy and procedure updates as well as late-breaking news about USCIS office closures and other emergencies. eval(ez_write_tag([[300,250],'redbus2us_com-medrectangle-3','ezslot_1',117,'0','0'])); We have divided topics and summarised the latest updates on the top for easy review. You can check out full court documents from today at. You also read the actual response document at by DHS at, Fall 2018 Regulatory agenda was published and it included H4 EAD rule removal as one of the agenda item. @ least, these H4 holders should … The overall message DHS says is that, it is in best interest of everyone to hold the case hearing on hold until the process is completed as it would waste court’s and everyone’s time as their intent has not changed and they are making swift progress. H4 Ead - Total results - 53. will they stop pending revocation process ? We will post full updates on this soon. Google account required to fill the survey. For now, below are the case action summary for your review directly from court.