DHS files official reply on the status of H4-EAD. The next court hearing is on September 27.
Things had been pretty much at a standstill as far as the H4 EAD elimination rule is concerned these past few months. But in what can be called as a new development, on September 10, the US Department of Homeland security filed an official reply in the US Court of Appeals for the District of Columbia Circuit stating that it continues to wait for the H4 EAD review approval from the OMB.
In the spring of 2015, Save Jobs USA, an anti-immigration group, filed the case before the DC Circuit to invalidate the H4 EAD rule, introduced by the Obama administration, arguing that the DHS had no authority to issue the rule.
The federal court had asked the DHS to submit an update about the H4 EAD revoking process by September 10. The department, in its official reply today, stated: “The DHS formally submitted the proposed rule titled, ‘Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization,’ both to the Office of Management and Budget (OMB) and Office of Information and Regulatory Affairs (OIRA) for their review on February 20, 2019. The proposed rule is currently pending with OMB and OIRA.”
The next H4 EAD court hearing is scheduled to be held on September 27, when the oral arguments for the case will take place, with both the government and Save Jobs USA presenting their arguments.
While the case has been going on since April 2015, the DHS signaled its intention to end the H4 EAD and submitted the proposed regulation to terminate the work permit for H4 visa holders in February this year.
The OMB review process has been going on for six months now. OIRA, on its part, has been hosting meetings to discuss the case.
While the next court hearing on September 27 would throw some further light on the fate of the case, for now, H4 EAD holders continue to work. Those who wish to apply or renew their existing work permits are also able to do so.
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