DHS tells federal court that H4 EAD termination rule is still being reviewed by OMB

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.

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

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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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)

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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

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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)

One Comment

  1. H4 ead is good for the foreign families, but disastrous for american families. Out of 100,000 h4 ead issued, only 10 or 12 may have opened a business or started a company. The remaining 99,990 is participating in a zero-sum game where one employment for them is a loss for someone else, and that someone else is one american.

    Some h4 folks ended up in home depot, costco, walmart cash register, thereby depriving of a needy low skilled american.

    Some h4 ead took up white collar jobs through nepotism, favouritism, false resume. This is a large percentage. Few h4 ead white collar jobs are of merit, most are on nepotism.

    A minisciule few- who opened shops- are the real ones, but those are the numbers that can be counted in fingers.

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