Regulations on H-4 EAD program on cards; may even be terminated, says Murthy Law Firm

Ending of work authorization for H-4 visa holders could render thousands of immigrant spouses jobless.

The employment authorization program for H-4 spouses that came into effect during Obama era could be at risk, says popular immigration law firm, The Murthy Law Firm.

A recent news release from the firm has confirmed that certain categories of H4 spouses can still apply for employment authorization documents (EADs) as the USICS has not made any changes to it for time being.

The law firm said the Trump administration is keen on scraping the H-4 EAD program or at least altering and it will most likely go through the regulatory process. It said it has been getting a number of queries from H-4 spouses regarding the future of H-4 EAD program with many asking whether it will be altered, or even terminated.

ALSO READ: EAD for H-4 visa holders to stay as judge throws out lawsuit

Since the time it came into effect on May 26, 2015, under the Obama Administration, H-4 EAD program has been facing lawsuits trying to block it citing that it is depressing wages and employment opportunities of American workers.

The lawsuit filed by Save Jobs USA, a group of former employees of Southern California Edison, filed a lawsuit against the Department of Homeland Security (DHS) was dismissed by the trial court due to lack of legal standing. The group had appealed before the US Court of Appeals for the District of Columbia Circuit but there is little chance that they will be successful.

On September 27, 2017, Trump administration filed a motion requesting appeals court put the case on H4 EAD on temporary suspension until December 31, 2017,but the denied the (who denied the extention) extension on November 20 and asked to (who asked whom) continue with the proceedings by January (on January?) 2, 2018.

ALSO READ: More than 6,000 comments on work permits for H-4 visa holders, but only 10% are unique

The Trump administration has been vocal about the H4 EAD program taking away American jobs though there is no material evidence to prove their stand. On the contrary, many studies have found that the program is beneficial for the US economy.

The law firm citing recent reportage on Trump administration drafting a proposed regulation on the H-4 EAD program said the program could barely have a life of a few months and it is not clear how it may impact those with existing H-4 EADs and/or pending H-4 EAD applications.

Ending of work authorization for H-4 visa holders could render thousands of immigrant spouses jobless.

ALSO READ: H4 visa holders can start a business after getting EAD: Sheela Murthy

5 Comments

  1. Himalay Majumdar

    I know many well qualified professionals personally earning high salaries in H4 EAD and contributing to US economy. I would agree if the salary cap is increased, but not scrapping the program itself.

    More than scrapping existing program they must fix the legal immigration first. Legal Dreamers issue, many like me who are in this country over a decade and still stuck on green card. The current GC backlog is 70 years and big corporates are just delaying this further.

    • FastForwardAfter

      Let these “well qualified professionals personally earning high salaries in H4 EAD and contributing to US economy” apply for O-1 visa. There is no cap on that and can be self sponsored.

      Problem solved.

  2. “Should never be employed” Can you elaborate ? One advise.. there will be junk every where.. don’t generalize.
    On the 2nd point of creating jobs, “have you heard of networking”. That’s how it works..
    You mentioned “they can’t speak language nor technical skills”.. America is a cut throught capitalistic country.. if they really unfit, they can’t keep their job for long. If some one surviving means, they are meeting their expectations. Since you think they should not be employed, you are assessing wrong…

    Not sure whether you hired any one as a hiring manager, market is a complex place. A lot goes into it… It’s not black and white as you think..

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