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.
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.
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 - 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.
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?
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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”?
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What will happen to all H4 EAD applications reached to USCIS for processing or applications which would be under review before commenting period ends?
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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.
Thanks,
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If everything works according to ‘Fast timeline’ estimation, the last date to apply would be Feb 22, 2019 and this is same date when USCIS will stop accepting new applications. This is just an estimation.
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After comment review period, DHS will tell if they would continue with existing pending applications or abandon them. We do not know about it yet.
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As per my opinion, DHS will probably follow either the ‘Medium’ or ‘Slow’ timeline estimation. The chances of ‘Fast’ timeline are very low based on prior experience.
So, you should be able to file H4 EAD in Jan 2019 end and still get it approved before it is revoked.
Hello Anil,
I checked the OMB/regulatory review website and it says USCIS has not submitted the rule for OMB review. Is that right?
And
based on past example(International Entrepreneur Rule, h4 EAD creation
rule) proposed rules take 6 months or more in OMB review. Is that
included in your timeline?
Thanks for this amazing website btw!
Yes, you are right. The rule is not yet submitted for OMB review.
I have tried to give 3 timelines based on the speed with which DHS moves for OMB clearance. It may come out true or false.
I think that DHS will follow the ‘Slow’ path though.
Hi there, thanks for your article and estimated timeline in each case.
I have a question.
My current H4 EAD is valid till Jan 2020, which mean i can file another extension in October 2019. However, according to your timeline and DHS progress, it is not sure if H4 EAD rule stays valid till that time.
Since my husband is planning to switch his job. And he needs to have an H1 transfer which will be valid from the day of transfer to next 3 years. Let’s say he gets a job in December 2018 and apply for H1 transfer.
Can I also apply for H4 and H4 EAD renewal along with that? If that is possible, it gives me some more EAD life (Dec 2018 to Dec 2021) to find a better solution meanwhile.
thank you very much
Yes, you can try that option.
Update Sep 27, 2018 - US Senator send letter to USCIS
U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) sent a letter to USCIS and DHS urging them not to revoke employment authorization for roughly 100k high-skilled immigrant women, mostly from India, currently covered under the “H-4 rule.”
I hope this push from IT industry and Senators help turn the tide against H4 spouses!
Update Oct 17, 2018 - DHS updates Rule making page
DHS has updated their rule making agenda page with the estimated publish date as Nov, 2018.
DHS thinks that they will save costs of operation when H4 EADs are stopped.
Also, employers of H-4 workers could incur costs when their employees’ EADs are terminated.
Does that mean that existing H4 EADs will not be allowed to continue with their validity? Only time will tell.
Nov 26, 2018 – HR 7150: H4 Employment Protection Act of 2018
DHS has NOT published any rules yet as we reach end of Nov.
California Congresswoman introduced H.R. 7150 bill to protect H4 EAD work permit from DHS removal.
If H4 Employment Protection Act of 2018 bill becomes a law especially with Democrat majority in house, it might bring a big relief for H1B families.
The bill stands low probability of approval before DHS H4-EAD termination.
It would be interesting to see if the bill moves faster than DHS speed of removing work authorization.