Update 22 Feb 2018 - H4EAD Court Case Update
The federal court has allowed DHS motion. This means DHS can start on the H4-EAD removal rule making.
The SaveJobsUSA VS DHS case is now in HOLD (Abeyance).
This is because DHS has planned to take off the H4-EAD and the case will not hold any significance if the DHS ultimately withdraws H4 spouse work permits.
DHS needs to report on the rule progress ( H4-EAD removal ) every 90 days to court starting Feb 21st, 2018. The next due date is May 22, 2018.
CURRENT STATUS : DHS has not published any rule yet as nothing has been sent to OMB.
We are tracking the DHS progress and will keep updating this page.
The H4-EAD sun-set is pretty much imminent at this point of time.
Following are the excerpts of court decision:
The United States Court of Appeals for District of Columbia Circuit has issued the following order:
Notice of Docket Activity: The following transaction was entered on 02/21/2018 at 10:58:36 AM EST and filed on 02/21/2018
Case Name: Save Jobs USA v. DHS
Case Number: 16-5287
Docket Text: PER CURIAM ORDER [1718765] granting motion to hold in abeyance [1710291-2]; denying motion to reschedule briefing and oral argument [1710188-2]. This case will continue to be held in abeyance pending further order of the court. Appellee represents that it plans to issue a notice of proposed rulemaking in February 2018 to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization. Appellee is directed to file a status report within 90 days of the date of this order, and every 90 days thereafter. The parties are directed to file motions to govern further proceedings within 30 days of appellee’s completion of the proposed rulemaking. Status Report due by 05/22/2018. Before Judges: Rogers, Griffith, and Kavanaugh. [16-5287]”