H4 EAD holders should build valid, evidence-based comments for USCIS: Immigration attorneys

USCIS logo
Logo credit: https://www.uscis.gov/

Should the USCIS decides to terminate H4 EAD, there will be a public comment period.

The work authorization status of thousands of professionals who are on H4 visa remains uncertain, with the Trump administration deciding to eliminate it.

In February, the Department of Homeland submitted a proposal to terminate the H4 EAD to the Office of Management and Budget — an office within the White House that is tasked with reviewing proposed legislation — for review.

The OMB review, one of the first steps in rule-making process, is still not complete, even though it was expected in 90 days. Once the

Once the OMB review is complete, before the administration can put into effect the proposed rule to revoke work authorization or EAD, it needs to put up a formal intent on the proposed rule change, and make it available to the public. The Notice of Proposed Rulemaking is then supposed to be cleared by the White House and published in the Federal Register. After this, there is a 30-60 days review period during which the public can comment on the proposed rule.

ALSO READ: H4 visa: a primer

In the meantime, immigration lawyers are advising those who have H4 EAD that they should build valid, evidence-based comments that can be submitted to the US Citizenship and Immigration Services (USCIS).

There is also an ongoing federal lawsuit against the H4 EAD, filed by the anti-immigration group Save Jobs USA. The next court hearing in the case is scheduled for September 27.

Even though, one hasn’t heard from the USCIS on the matter for a couple of months, legal experts advise that people should judiciously use the time and invest in building informed, accurate and research-based comments, which they can post once the comment period is opened.

Dhara Puvar, Executive Director of the South Asian American Policy & Research Institute (SAAPRI), which recently published a report on H4-EAD holders and their contributions to American economy, says, “During this period, it will be crucial to bring these findings and the voices of those directly impacted to decision makers in an effort to oppose this rule change. The comment period provides an opportunity for EAD holders and advocates to take concrete action on this issue, as these comments and responses are likely to provide the basis for a court challenge to the rescission of the rule.”

According to experts, it is possible that the DHS may come up with a revoke rule before these dates. Many of those who are closely involved in the progress of the case infer that DHS may be working to establish the economic consequences of granting H4-EAD and how it affects American job seekers. It looks only plausible then that those looking to save the rule must also build up strong arguments in its favor.

In the recent past, immigrant groups have argued that H4-EAD rescission is a racial, economic and gender justice issue. The latest SAAPRI report titled “Defying Dependence” revealed that rescinding work authorization would not provide any conceivable benefit to domestic workers or economy. In fact, it would only go on to reduce federal tax revenue. That H4 EAD is a gender justice issue can also be established by the fact that last year a report on H4 visas by the independent Congressional Research Service of US Congress found out that 93 percent of all applications granted H4 EAD were women and only 7 percent were men.

“Our hope is that data such as SAAPRI’s can be used to support advocacy efforts to protect the EAD and drive evidence-based comments to USCIS during the public comment period that will open once the proposed rule change is published to the Federal Register,” says prominent immigration attorney Tejas Shah.

Various other reports have also indicated the many advantages that H4 EAD workers bring to the American economy. Experts suggest that it is time to bring them up and build logical case in favor of the continuation of H4 EAD.

ALSO READ:

New USCIS biometric requirement likely to delay H4 approvals (July 2, 2019)

From aging out of H4 visa to AWS Summit panel, Dolica Gopisetty’s extraordinary journey (June 24, 2019)

USCIS says rule-making process to terminate H4 EAD not complete yet: report (June 18, 2019)

H4 work authorization may be next on Trump’s hit list, says Sheela Murthy (March 9, 2017)

H-4 and H-1: Time for Indian immigrants to speak up on immigration policy, says author Amy Bhatt (January 5, 2019)

New bill proposes to let H-1B workers switch jobs, H4 visa holders to work, F-1 holders to apply for green card (September 14, 2018)

End of the road for H-4 EAD program? (April 24, 2018)

Trump administration may soon end H-4 Visa Rule: report (February 1, 2018)

Tech industry urges USCIS not to cancel H-4 spouses’ work permits (January 19, 2018)

Trump to end H-4 EAD program for spouses of H-1B workers (December 15, 2017)

Trump administration asks for more time on H4 work authorization (April 4, 2017)

Regulations on H-4 EAD program on cards; may even be terminated, says Murthy Law Firm (November 24, 2017)

H4 visa-holders’ work authorization is under review: report (February 7, 2017)

H-1B visa exhibition at the Smithsonian: of goddess who gives visa, to women on H4 status in shackles (November 24, 2015)

H4 visa holders start to get EAD work permits from USCIS (June 29, 2015)

Save Jobs USA petition to not issue work permits to H4 visa holders dismissed (May 27, 2015)

DHS starts to accept employment authorization applications from H4 visa holders(May 26, 2015)

COLUMN: Save Jobs USA’s civil complaint against DHS to stop H4 visa holders from getting EAD cards is discriminatory (May 22, 2015)

No work permits for H4 visa holders: lawsuit filed by Save Jobs USA (April 27, 2015)

H4 visa holders can start a business after getting EAD: Sheela Murthy (March 9, 2015)

458,177 H4 visas issued in 6 years between 2008-2013 (February 26, 2015)

COLUMN: EAD cards for H4 visa holders: USCIS needs to give it to all of them(February 24, 2015)

EAD cards for H4 visa holders: green cards better solution, says IEEE-USA (February 24, 2015)

H4 visa holders can apply for EAD cards beginning May 26, 2015 (February 24, 2015)

EAD cards to H4 visa holders: Immigration Voice lauds Barack Obama February 24, 2015

H4 visa: a primer (December 9, 2014)

Final rule on work permits for H4 visa holders by December 2014-January 2015(November 23, 2014)

COLUMN: Obama’s speech has not made anything clear for immigrants waiting for Green Cards, H4 visa holders hoping for work permit (November 21, 2014)

COLUMN: Agony for H4 visa holders, as Obama’s executive action delays work permits (November 21, 2014)

COLUMN: As Republicans take control of the Senate, dream of H4 visa holders to get work permits, expedited Green Cards, is over (November 5, 2014)

Work permits for H4 visa holders will end mental anguish for almost 100,000 spouses in the US (June 10, 2014)

Indian women on H4 visas eager to get back to work (May 8, 2014)

Many H4 visa holders will get work permits this year (May 7, 2014)

DHS proposes to allow limited number of H4 visa holders work permits (April 8, 2014)

For H4 visa holders from India, the X visa all-important (May 26, 2013)

BLOG: The H4 visa conundrum (April 21, 2013)

Leave a Comment

Your email address will not be published. Required fields are marked *

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.