H-4EAD holders’ American Dream fading as March 2020 revocation date looms.
It has been a quiet few months for dependent spouses of high-skilled Indian techies in green card line who were allowed to work in the US under an Obama era rule.
The existing regulation that allows spouses of many on employment based visas to find jobs or start their own businesses, has benefitted a majority of Indians living and working in the US.
Such H-4EAD or work permit holder dependent spouses of H-1B visa holders with an approved I-140 for permanent US residency had been at the center of immigration news for most part of early last year with the Trump Administration setting March 2020 as its revocation date.
Looks like that there may be some action on H-4EAD in the Spring of 2020 again with the OMB or the Office of Management and Budget’s approval on its revocation still pending, according to immigration experts.
In the Fall 2019, Regulatory Agenda, a Notice of Proposed Rule Making (NRPM) date is mentioned as March 2020.
While this would mean that rule making still remains a priority for the Department of Homeland Security (DHS), it must also be noted that the rule has remained in the regulatory agenda since the Spring of 2018.
So, what happens in March 2020 is being closely watched by many Indians in the US. According to immigration attorneys, if the rule is published, in March 2020, it will be followed by a comments period.
The public comments period is expected to see a lot of comments posted about the rule. This active participation by those affected may further delay the publication of the final rule and result in derailing the litigation to block the rule, should it become final.
So, the suggestion from most attorneys is to be prepared for the comments period and feel free to post comments in huge numbers.
However, many on H-4EAD who are currently gainfully employed do not want the process to create negative understanding of the rule.
Seattle based Manisha P. says, “I am on H-4EAD and in my understanding even if the rule is rescinded, the USCIS would only stop giving out new H-4EAD or work permits.”
“The right to work for those on H-4EAD continues to exist, but every time the proposal reaches the rule making stage, many in my workplace begin sympathizing with me,” she says. “I believe we should have greater awareness of how H-4EAD ultimately would affect us.”
Many on work permits are ready to comment, but are also dejected by the long green card line and any way looking at alternate options as their American Dream continues to look distant.
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)
H4 visa-holders’ work authorization is under review: report (February 7, 2017)
H4 visa holders start to get EAD work permits from USCIS (June 29, 2015)
No work permits for H4 visa holders: lawsuit filed by Save Jobs USA (April 27, 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