See dates in below screenshot. There is no update on it since October 2020. No real update in the court case. [2] See below. DHS never had the authority to grant EADs to H-4 visa holders. Step by Step guide to Apply for H4 EAD , Biometrics needed ? The plaintiffs, who is ‘Save Jobs USA’, filed an appeal to the United States Court of Appeal for the DC Circuit. Below is the timeline of what has happened since President Trump took oath: Video Summary on First Brief with Immigration Voice and Others : Video Summary on Second Brief with Immigration Voice Only : Update : On Jan 25th, 2021, H4 EAD Removal Rule was withdrawn after Biden Administration took office. On Tuesday, January 26, the Biden administration rolled back a Trump-era ban that prevented H4-EAD visa holders – many of them women of color – from working in the US. 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. eval(ez_write_tag([[300,250],'redbus2us_com-leader-3','ezslot_14',149,'0','0']));Well, it all depends on what comes out of the rule-making process. No response on the injunction order to stop H4 EAD by district court. USCIS is giving full 3-year validity. Will share more details in separate article on Biden’s plans. On the other hand, Late last night ( see below) DHS filed their brief with the court, where they argue that Save Jobs could not establish their argument that it will harm SAVE Jobs Members. Stay tuned for updates. The below article tracks the latest updates on the same with timeline of events, current status. See below screenshot on the updates timeline in September. You can see below. Scroll down bottom for latest H4 EAD news update. Let’s hope for the best. We need to wait and see how the court reacts to this. 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. See below. If you look at the general. https://www.ndtv.com/indians-abroad/us-court-seeks-status-report-on-visas-to-family-members-of-h1-b-holders-2366215. H4 EAD’s fate is hanging on to these two streams separately: DHS has withdrawn their rule making process and this should help the H4 EAD workers in the USA. https://redbus2us.com/h4-ead-latest-news-updates-rule-removal-timeline On the lawsuit side, DHS has requested Court to extend their date by 14 days due to pre-planned court hearing travels, leave. It is marked as economically significant. will Biden/Democrats not terminate H4 EAD ? The deadlines are for Immigration Voice, it is April 20th, Response by Save Jobs due by May 4th. It will now boil down to the court arguments and how the facts are presented. There were few meetings held on 3/26/2019. Latest News H4-ead H4 Ead. On Jan 25th, 2021, OMB has withdrawn the H4 EAD Removal rule. They will publish the guidance on the impact and what happens to existing H4 EADs and their validity, we need to wait and see. OMB Meetings list page is fully updated with data from previous meetings that were conducted in March. 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. For many years, since the H4 visa program inception, H-4 holders have not been provided with any work authorization. It is a big positive thing for H4 EAD holders. The new rule has no protections for US workers and increases the pool of workers looking for jobs2. 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. Additionally, Steven works with clients with Department of Labor Compliance included assistance with wage and hours investigations. Eventually, after a very long wait after Biden administration took office, the H4 EAD rule removal was withdrawn by them on Jan 25th, 2021. Most of these meetings are OMB review meetings to assess the impact of the rule as part of due diligence. Check the actual rule info at, SAVE Jobs USA has filed a motion in court asking the court to conduct briefing and oral argument very soon. There was one minor change in attorney details submitted to the court for the intervenors. DHS has withdrawn the EAD revocation rulemaking process. Do NOT post any phone numbers, email-ids. Read Step by Step guide to Apply for H4 EAD , Biometrics needed ? DHS basically looked at previous cases and picked up something that the current Appeals court dismissed and referenced the same so that the oral argument would be in their favor. H4 EAD removal rule was withdrawn by DHS on Jan 26th, 2021. 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. The court case is still going on and has not reached a final result. With current political climate and new H4 Employee (EAD) Protection Act Bill in House, things can change anytime and slow down quite a bit, stay tuned. H4 EAD is only for the spouses of those whose I-140 has been approved and are awaiting for their country dates to become current (India and china); in addition, not every H4 EAD holder is utilizing his/her EAD for their own reasons. This afternoon, the U.S. This is to not a positive or a negative factor in the case, but a neutral point and DHS authority is not evaluated by other court. It is stuck in same status as before. Also, we have dates now setup for the replacement brief. If you get picked in H1B visa lottery  and have approved H1B, then you can apply for Change of Status to H1B and work as needed. Some of these arguments are logical. In short below is the summary from the reply brief. You're also eligible if your H-1B spouse is the beneficiary of an approved Form I-140. Based on it being on hold for so much times, it seems like not a priority for court for injunction order to stop H4 EAD. Just curious, what is a joint status report? As you already know due to long delays a lot of people are now affected. Summary of H4 EAD Processing Delays Lawsuit, H4 EAD Employee Protection act Reintroduced 2019, Employment Authorization for Certain H-4 Dependent Spouses, Buy American, Hire American EO by Trump Administration, H4 Visa EAD – Official Court Documents DHS, SAVE Jobs, USCIS Letter sent to Senate Judiciary committee, Official  Letter from USCIS for Senator Harris, Fall 2018 Regulatory Agenda – H1B, H4 Impact Summary, Summary of the H4 Employment Protection Act, Status, Impact, Entire H4 EAD Lawsuit, Rule Removal  History from 2015 to Dec 2018, Summary of H4 EAD Lawsuit Replacement Brief with Argument Points, Facts, YouTube – Replacement Brief Argument , Court Order, official OMB Pending Review of Rule on Reginfo.gov, New Form I-539, with Biometrics that will impact H4 EAD processing, Summary of DHS Argument and Appellee’s brief submitted with court, Skilled Immigrants America Facebook group, Summary of Intervenor’s Brief by Immigration Voice and Team, Summary of Immigration Voice Only – Intervenor Brief, Summary of the Appellant’s Brief filed by Save Jobs USA, all rules have to go through 9 Rule Making Steps, Social Media accounts info on DS-160, DS-260 forms. That details are updated to the court. 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. 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. One by Immigration voice only and Second one by Immigration voice and other non-profit trade organizations. The H4 EAD rule removal item was sent to OMB for review on Feb 20, 2019 and many meetings were held after that as well. DHS’s senior leadership has reviewed and proposed some changes and they plan to submit the rule to OMB within 3 months. Good News! stay tuned. H4 Extensions Approvals after Biometrics. The rule shows concluded date as 25 Jan 2021 and the concluded action as ‘Withdrawn’. What do you think of timeline for OMB to review the rule ? The H4 EAD revocation process is going on in parallel with the SaveJobsUSA vs DHS court case. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. We are just waiting for the rule to be published. The key info is highlighted below in screenshots. 2 questions based on whats happening now – 1) As per https://www.jdsupra.com/legalnews/uscis-extends-recognition-of-validity-18189/ once I797 notice is received it can be used for continuation of work. The appeals court on February 7th issued a formal mandate on the previous judgment given in November 2019. H4 Ead - Total results - 53. We need to wait and see, if court will give the extension…Stay tuned for updates. See below screenshots and check official. H4 EAD can be applied if you are inside the USA and can be approved by USCIS at this time. Read article H4 EAD Rule Removal Estimated timeline Predictions for all details. Your email will NOT be published. 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. H4 EAD Revocation common FAQs – validity, can you apply, future applications, etc. US Government Appeals against Revoking H4 EAD Policy in a District Court. It talks about hardships and benefits. This changed on May 26, 2015 when USCIS passed the Employment Authorization for Certain H-4 Dependent Spouses rule. On the rule making side, nothing has changed and the rule info is submitted to OMB ( Office of Management and Budget) and they are reviewing the same. See below for the official info on the documents submitted. The original H4 EAD was created under Obama-Biden administration. See below screenshots of the latest update details from Feb last week. Save Jobs Argument brief summary submitted in Jan 2019. 6 talking about this. H-4 EAD is granted to the spouses of H-1B visa holders who are on track to get their green cards. Check. Yes, it H4 EAD rule is still valid. 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. 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. Or what do I need to ensure that I can stay in US even after not getting h1 transfer in 60 days. 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. Some H4 visa holders are now eligible to file for a work permit. Putting up a lawsuit is something many groups may be considering and all of them are waiting for the outcome of the current process. You should consider applying for H1B visa petition with Consular processing, instead of change of status from H4 to H1B, as it will give you an option to work on H4 EAD, until it expires and switch to H1B only, if needed after expiration. The H4 EAD rule revoke was withdrawn on Jan 26th, 2021, after Biden administration took office. If court approves, we may not hear anything until April. See below the comparison. The plaintiffs, claim two things:1. 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. But, at this point H4 EAD is still valid and you can continue to use. From Rule-making side,  no update from OMB on the H4 EAD rule removal yet, it still pending review. Check more details of, A new bill called “H4 Employment Protection Act” was introduced in House by Reps. Eshoo and Lofgren. 2. 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. H4 EAD news: May 2019. As of today, you can continue to file H4 EAD. After Trump administration took office, they took charge of the lawsuit, took time, delayed the process and finally aligned to remove H4 EAD rule in line with Executive Order of Trump Buy American, Hire American. Today was the deadline for brief from DHS,  but nothing came out today as of 8:30 PM EST. The lawsuit was initially dismissed by a Federal district court in September 2016 (check references below ) as “Save Jobs USA” could not defend their lawsuit that H4 EAD holders will impact them. By submitting your comment, you agree to Term and Conditions of our website. We need to wait and see, how this whole thing works in court. Google account required to fill the survey. Do not worry about the H4 EAD news at this time. In the past their stance was different. No, very unlikely. It is scheduled for May 1st, 2019 for 3 pm. Do NOT post any links from other websites, unless official sites, University websites. They have the H4 rule in pending state for a very long time, they only cleared. Also, Trump did a, SAVE Jobs USA Filed its replacement Opening brief today. Last update: See H4 Visa EAD 2018 News – Lawsuit Status, Trump Administration Impact by Saurabh; November 1, 2018 (November 2018) An H-4 visa is a visa issued by the U.S. Check out Step by Step guide to Apply for H4 EAD , Biometrics needed ?eval(ez_write_tag([[336,280],'redbus2us_com-leader-2','ezslot_13',195,'0','0'])); Yes, you can. Acc. Let’s hope excruciating long wait … Also, they say that fundamental rule of H4 EAD was to help H1B holders and it is in the H4 Rule creation charter, now DHS is contradicting its own points, etc. This order gives DHS more time for OMB  review of the initial proposed rule.You can check. They were attended by many groups. Recent relief for H4 EAD will not apply. H4 EAD card can be used as long as its valid. How are you ? Would that extend to H4 EAD as well ? We have a scheduled date now for the OMB review meetings ( EO 12866 Meetings ) for the H4 EAD removal rule. The SaveJobsUSA court case is still going on but may not reach a decision in favor of SaveJobsUSA. DHS is NOT working on making rules on removing H-4 Dependent Spouses from class C(26) of Aliens Eligible for Employment Authorization (EAD) anymore. The district court received the judgement order from the appeals court and also court informed that DHS appointed Trial lawyer Joshua S. Press as the new Counsel for Defendant. Below are the most recent H4 EAD News on various fronts. Visa Interview ? With the confusion around H4 EAD, is it advisable to apply for H4 EAD. Nothing is final and this drama is going on for last 2 years. H4 EAD Rule Removal Estimated timeline Predictions, new H4 Employee (EAD) Protection Act Bill in House. The recent relief H4 EAD holders got will not apply to this group. Check out. We have a long way to go and nothing changes until it is final and USCIS publishes the official rule that it is removed. If you are interested in reading the actual filed Motion Document, you can check it out at, In response to SAVE Jobs motion filed earlier this month, DHS submitted in court their response requesting to hold the case as it is as they are making swift progress. It is now being handled in the District Court. Redbus Readers, Great. H-4 EADs grants qualified individuals the ability to work while their spouses wait to receive permanent residency. If any news article states, DHS Plans to remove by Sep 2020, that is wrong, it is only the NPRM ( Notice for Proposed Rulemaking ) date for public to give comments. DHS had power to create H4 EAD rule based on 1324a. H4 EAD Lawsuit Latest News H4 EAD news: June 2019. On the rule removal side, the next meeting is scheduled for 1st of May. Or is the delay due to biometrics mainly in which case it will only get worse? Only new info added is the meetings data. A, Well, your options are limited, you either go to H4 or B2. “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. H4 EAD rule allows qualified H4 dependent spouses of H1B visa holders to legally work in the United States. See below history of the case. 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. …Usually the updates happen in the business hours, we have not seen anything today. The DHS may also change their stand in court now and bat for H4 EAD rights. See below screenshot. H4 EAD News Update Today : On Jan 25th, 2021, the H4 EAD Removal rule was withdrawn as per the OIRA regulatory review. The group believes that it helped shape up DHS brief to indicate that Save Jobs does not have standing in the case. Dropbox ? Find the mood of H1B, H4EAD community. The H4 visa dependent spouses were eligible for work authorization EAD provided the H-1B spouse satisfies one of the below two: Soon after the H4 Visa EAD Rule was enacted, two things happened:1. I strongly advise to apply for H4 EAD if you are eligible. H4 EAD Rule Revocation Impact Analysis and current state Summary. I also have option to convert to H4 and then H4 ead but how much time will it take . This caused a threat to the employment of U.S. citizens. They made an item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” , as part of Spring 2018, Fall 2018, Spring 2019 and Fall Regulatory Agendas  indicating their intent to remove the rule and communicated the same to Court in the lawsuit hearings. The Mandate document is filed after the re-hearing requests deadline is passed. We may some action now that DHS was withdrawn the rule making process to revoke H4 EAD. 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. You can watch the video summary as well below, On the other hand, for general US visa application, US state department is asking. Update Jan 26, 2021 – Looks like DHS has finally withdrawn the H4 EAD revocation rule. Below is quick summary. Sharmistha Mohapatra posted, “Big win for H4 EAD holders today. Terms of Service |  it was widely reported as being a change of DHS’s opinion on H4EAD including by Law360. You can check out full court documents from today at. The Revoke rule affect the chances of H4 EAD approval and in case if gets approved, will they revoke the H4 EAD as soon as the rule is passed? Court is yet to respond to the request. On Jan 25th, 2021, H4 EAD Removal Rule was withdrawn after Biden Administration took office. We continue to wait. eval(ez_write_tag([[250,250],'redbus2us_com-banner-1','ezslot_11',196,'0','0']));What are your thoughts ? Please suggest best options for me what I need to do Incase I do not get h1 transfer in 60days. This can be only used, if your H4 EAD was approved, but you did not get the physical card. Have an approved I-140, which is the immigration petition for foreign citizens to get Green Card or Permanent Residency in USA. 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. No update from the court side on the Lawsuit, we are waiting for court’s next steps. The key info is highlighted below in screenshots. 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. You should also include a letter indicating your situation and you lost job to make sure they do not deny your COS. Hi Kumar, I greatly appreciate your prompt response for all your questions and following this topic so closely as it affects many of us. A, Well, this is grace and up to the discretion of the USCIS Officer. Only certain EAD categories are eligible for automatica 180 days extension and H4 EAD is not in that list. Due to EAD Production Delays, Employers May Continue to Accept EAD Approval Notices for Form I-9 Compliance through February 01, 2021 Written on 30 November 2020 . Save Jobs submitted response to the DHS claim indicating they did share clearly the injury details in the past and does not find any relation with the Humane Society case, also DHS did not mention about this case details in the past and are inventing these now…See below screenshot. You need physical valid EAD card in hand to work. Immigration voice has standing as Intervenor due to court order and the potential injury to H4 Holders. As you know there is already we have H4 Employment Protection Act, Status, Impact in house supporting H4 EAD to exist…Overall, we can speculate lawsuit, but it is too early to say…. Now that DHS stance has changed and they do not plan to revoke H4 EAD rule, they need to give justification in the Court. Immigration Voice/ Intervenors filed Supreme Court’s DACA Judgment Document on June 23rd, 2020 to be considered by the court for their future decisions as they believe it is an important decision to consider. 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