5 posts were split to a new topic: Should I change status from H4 EAD to H1B before DHS cancels my EAD?
2 posts were split to a new topic: Stay with H1B contract or convert to H4 EAD full time opportunity at this time?
Update 1 March, 2018
DHS is now looking at June 2018 to come up with the H4 EAD termination rules.
DHS has not published any rule yet, for H4-EAD withdrawal / removal as anticipated based on their 2017 Fall rule making agenda and official timelines mentioned there.
This is a temporary relief and does not mean that they have abandoned their intention. They are probably working on the rules and trying to find ways to mitigate any lawsuits that may crop up in future.
DHS on Feb. 28 said “ significant revisions ” were made to a draft that originally was slated for a February release.
Those revisions required a new economic analysis, which “ required an additional several weeks to perform ,” the DHS told a federal appeals court.
Stay tuned as we keep an eye on the progress.
2 posts were split to a new topic: Will H4 EAD support letters sent by tech Giants push DHS to change their decision?
4 posts were split to a new topic: Is it too late to apply H4 EAD with DHS is almost ready to withdraw EAD?
Update Apr 20, 2018
USCIS chief Francis Cissna has responded to 15 US Law makers by clearly indicating that Trump administration wants to revoke H4 EAD work permits.
If Cessna’s words can be read correctly, he clearly suggests that nothing can be done to stop the demise of H4 work permits.
“the public will be given an opportunity to provide feedback during a notice and comment period”.
Read the full text of the letter here:
Cessna has responded on behalf of DHS.
Update Apr 24, 2018
The news is not good for H4-EAD from anywhere. Trump administration and its agencies are aggressively working on taking the work permits away!
“A former communication is expected to be made later this summer,” US Citizenship and Immigration Services (USCIS) Director Francis Cissna said in a letter to Senator Chuck Grassley.
“Our plans include proposing regulatory changes to remove H-4 dependent spouses from the class of aliens eligible for employment authorisation, thereby reversing the 2015 final rule that granted such eligibility,” Mr Cissna said.
Read the full text of the letter here and about H4-EAD on page 2, last paragraph:
3 posts were split to a new topic: If H4 EAD rule is revoked, how long will it take to get implemented?
2 posts were merged into an existing topic: Will DHS allow existing H4 EAD to work till their EAD expire?
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.
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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.
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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.
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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.
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:
- Specially for H4-EAD renewal (same as screen shot above): Employment Authorization for Certain H-4 Dependent Spouses | USCIS
- https://www.uscis.gov/greencard/employment-authorization-document
- 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 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 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.