DHS asks Court to not terminate H4 EAD - Good News

Update Apr 25, 2018 - FWD.us group supports H4 EAD

An immigration group fwd.us backed by Facebook, Apple, Microsoft and other big tech companies has criticized USCIS and DHS’s decision to withdraw H4-EAD.

In response to USCIS director Cissna’s letter highlighting the plan to terminate H4-EAD work permits by 2018 summer, they have released a report that highlights the effects of such a barbaric move and the kind of financial burden that this change would cause on H1B families and spouses.

“The current administration must reverse its attempts to use the regulatory and policy process to make it harder for international talent to contribute to the United states, and to make it more challenging for those who are already here to contribute.”

“There is no question that our immigration system is fundamentally outdated and broken, but the answer cannot be simply shut the door; instead, we must begin the hard but crucial work of reform to ensure that immigration remains a driver of our economy and America’s unique competitive advantage for generations to come.”

Read the full report here: FWD.US report

2 posts were merged into an existing topic: Will H4 EAD support letters sent by tech Giants push DHS to change their decision?

Update May 14, 2018

H4 EAD work authorization removal final rule is now expected to be published for OMB review in June 2018 and public comments by DHS.

Since, this is marked as ‘economically significant’ rule, DHS has the option of wrapping up the comment period in 30 days only!

DHS is working on it and is eager to get it our as early as possible to get some political mileage before mid-term elections.

The DHS Spring 2018 agenda proves that they are working on it.

All H4-EAD workers and beneficiaries, get ready for a roller coaster ride. News is not going to be good next month.

I know a lot of people who were working on H4-EAD and were eligible for H1B, have already converted.
If you can, you should too convert as early as possible to keep your job and income source un-affected.

2 posts were split to a new topic: Will DHS accept new applications in H4 EAD withdrawal implementation phase?

Update May 16, 2018 H4 EAD latest News

130 bipartisan congress members have sent a signed letter of support in favor of H4EAD to USCIS. They have strongly asked to keep the work authorization intact.

  1. The opportunity for H-4 visa holders to work has made our economy stronger, while providing relief and economic support to thousands of spouses, mostly women, who have resided in the United States for years.

  2. Many are on the path to permanent residency and would already be permanent residents if not for the decades-long employment backlogs. Rescinding the rule will hurt the competitiveness of US employers and the US economy, as well as H-4 accompanying spouses and their families. We strongly urge you to reconsider this action, said the lawmakers.

  3. We write to urge you to maintain the current regulation granting work authorization to certain H-4 dependent spouses of H-1B non-immigrant workers.

I hope that the push from all around helps USCIS and DHS think and reverse their stance on H4EAD removal.
The chances look bleak though with Trump government pushing it from back.

Source: jayapal.house.gov letter to USCIS

Update May 19, 2018 H4 EAD latest News - USCIS issuing RFEs for filing renewal before 120 days!

Well, this is a big news and clearly indicates the USCIS and DHS agenda on removing the H4-EAD pretty soon and as expected in June 2018.

Recently, H4 EAD renewal applications have started receiving rejections based on RFE with reason:

You have filed for H4-EAd renewal too soon. You are allowed to file 120 days before expiry only.


Source for the screen shot showing 120 days RFE comment by people:

USCIS officially allows filing H4 EAD renewal 180 days before expiry

The RFEs are in stark contract with official USCIS H4-EAD renewal guidance which allows H1B spouses to file H4-EAD renewal 180 days before actual expiry:


The same 180 day renewal policy has been mentioned at other places on USCIS website for EAD too:

  1. Specially for H4-EAD renewal (same as screen shot above): Employment Authorization for Certain H-4 Dependent Spouses | USCIS
  2. Employment Authorization Document | USCIS
  3. Employment Authorization | USCIS

USCIS and DHS are rejecting renewals with RFEs

USCIS and DHS seems to be doing this behind the scenes with a planned agenda to NOT issue any new H4-EADs that are due for renewal.

If this is any indication, then the news is certainly NOT good and H4-EAD termination is happening next month in June 2018 !

Update May 23, 2018 H4 EAD latest News - SaveJobsUSA vs DHS in Federal court

On May 22, 2018, DHS has officially intimated the Federal court about its decision and rule making process status for H4-EAD withdrawal by saying that they are in ‘Final Stages of drafting the H4-EAD withdrawal rule’.

The SaveJobsUSA vs DHS case against H4 EAD work permit was placed in hibernate mode earlier.

This clearly signals that DHS is on track to submit the #usa:h4-ead withdrawal rule in June 2018 for OMB (Office of Management and Budget) approval and public comments (most probably only for 30 days!).

DHS and USCIS are in hurry to take the H4-EAD work authorization away as shown by their recent RFE’s issued for filing H4-EAd renewal applications too early!
It seems they do NOT want to renew H4-EADs now.

Get ready for embracing the new rule. People how are eligible for H1B should switch to it as early as possible to keep their job and financial health un-affected.

A post was merged into an existing topic: Will DHS allow existing H4 EAD to work till their EAD expire?

Update June 18, 2018

There is nothing substantial as such in the #usa:h4-ead withdrawal rule.

The only thing making rounds in newspapers especially Indian, is the semi-annual DHS agenda publication that re-enforces the same June 2018 timeline.


This means that DHS intends to complete the H4 EAD termination rules by June 2018, which incidentally is already 60% over.
We have not heard of any official information from DHS or USCIS on this topic recently.

Update July 2, 2018

No update from DHS or USCIS on the status of H4 EAD withdrawal rule.
June is already finished and no news means that the rule making could be delayed.

Each new day brings a fresh breadth of oxygen for #usa:h1b spouses!
We are keeping track of every movement and will update once we hear anything substantial. Stay tuned.

Update Aug 22, 2018

DHS has filed an official report in SaveJobsUSA vs H4-EAD court case on 20 Aug, 2018 saying that they are in Final Stages of drafting the H4-EAD withdrawal rules.

DHS official text:

Final DHS clearance review of the proposed rule is ongoing , and senior levels of the Department’s leadership are actively considering the terms of the NPRM for approval.
As previously noted, after DHS clearance, Office of Management and Budget review will occur under Executive Order 12,866, Regulatory and Planning Review.

As represented to the Court in prior status reports, DHS’s intention to proceed with publication of an NPRM concerning the H-4 visa rule at issue in this case remains unchanged.

DHS has told federal court that are on track to take away the H4 work permits and the rule making process is in last stage. They have not communicated any specific timeline though.

DHS Report

Update Aug 23, 2018

Business Roundtable has sent an official letter to USCIS on their recent policy changes and how they affect the H1B families and related H4-EAD withdrawal.

Letter is signed by Apple, ADP, American Airlines, Pepsi, Coca Cola among other CEOs.

The letter supports the cause of H1B worker and families as they are stuck in un-ending wait for Green Card.

Business Roundtable says that inconsistent immigration policies are unfair and discourage talented and highly skilled individuals from pursuing career opportunities in the United States.

The reality is that few will move their family and settle in a new country if, at any time and without notice, the government can force their immediate departure–often without explanation.
At a time when the number of job vacancies are reaching historic highs due to labor shortages, now is not the time restrict access to talent.

Update Sep 14, 2018 - SaveJobsUSA files motion in Court

SaveJobsUSA has filed motion in federal court to continue with the case against H4 EAD work authorization. They feel that DHS is taking too long to publish rules for H4 EAD withdrawal.

Earlier on Feb 22, 2018, SaveJobsUSA vs DHS case was placed on hold and DHS was asked to provide an update every 90 days.
At that time, Court had noted that since DHS was planning to remove the H4 EAD work authorization in 2018, the case would not have any merit anyway.

DHS has not published any rules as of today.

SaveJobsUSA contends that they are losing more American workers to H4 EADs while waiting for DHS’s decision with no concrete timelines.

Federal court will give a chance to DHS to submit their reply and then decide as to move ahead with the case or keep waiting as they have been doing for 6+ months now.

This certainly puts pressure on DHS to come out with rules soon.

Update Sep 19, 2018 - USCIS reponds to IA association request

On Aug 22, 2018, Internet Association sent a letter to USCIS requesting a re-think on their H4EAD withdrawal rule.
On Sep 6, 2018, USCIS replied back saying that they are firm on their decision and have no intentions of backing off.

There is no clear timeline from USCIS or DHS about the rule’s publishing. We are only hearing the USCIS and DHS replies here and there about how they are in final stages of removing H4 EAD rule-making. It has been an year now since it was first featured in DHS fall 2017 agenda.

Update Sep 21, 2018 - DHS to court - rule coming out in 3 months

DHS has filed its response to SaveJobsUSA motion on Sep 21, 2018 in federal court.

DHS states that its senior leadership has reviewed the proposed H4 EAD withdrawal rule and sent it to USCIS this month for revisions.
USCIS will return the proposed rule to DHS for final clearance and submission to OMB after review.

“DHS expects the rule to be submitted for OMB review within 3 months.”

This effectively means that you may see it by end of Dec 2018 or early Jan 2019.
Be ready for the Christmas gift !

We try to estimate the final H4 EAD revocation date based on how fast DHS moves. This is just a guess.
H4 EAD revoke estimated timeline
H4 EAD revoke estimated timeline - Guessing the date based on DHS decisions

Starting 21 Sep 2018 Fast (Days) Medium (Days) Slow (Days)
OMB Review Start 90 110 160
Comment Period End 30 60 90
Comment Review End 30 90 120
Final H4 EAD withdraw rule publish 1 10 30

Do we know yet is the H4EAD will be revoked for all sorts of job or there will be certain jobs for which it will still exists. My wife is going to school to study and she is working oncampus in certain administration job. I wanted to know if that would be affected.

Nothing has been mentioned by DHS about any exceptions yet.

At this time, what we know is that H4 EAD is going away for all, with no exceptions.

A post was split to a new topic: How to keep working in Govt company if H4 EAD is revoked?

Hi Anil,

Appreciate your help in this crunch situation for lot of H4/H1b visa holders. I have few questions. Could you please help in answering them?

  1. When will USCIS stop accepting (at what point of time in the H4 EAD revoke estimated timeline) new H4 EAD applications if everything works as per “Fast timeline”?

  2. What will happen to all H4 EAD applications reached to USCIS for processing or applications which would be under review before commenting period ends?

  3. I would be getting married in Jan 2019 and we are planning to come back to US in 3rd week of January 2019. I have all the documentation ready to apply for H4 EAD (will have to just wait for I-94 to be generated). What are the chances of me applying for H4 EAD in 3rd week of Jan and still hoping to get even when my application will reach USCIS during commenting period?

Relying upon your response & answers which will help me in taking some further decisions.