The Future of H-4 EADs – Part II

18:48 05 January in News Updates

The Future of H-4 EADs

Part II

Back in April 2017, we first addressed the future of H-4 EADs.  Below is an updated overview of the current status.

Ongoing Litigation

The litigation, Save Jobs USA v. DHS, initiated in April 2015 challenging the legality of the H-4 EAD regulation is still ongoing.  On December 22, 2017, the Department of Homeland Security (DHS) asked the court to hold the case in abeyance until July 1, 2018 to permit the agency to begin the Notice of Proposed Rule Making with respect to revoking the H-4 EAD Rule in February 2018.  Save Jobs USA also filed a motion urging the court to reject DHS’ abeyance request and decide the case on its merits.   We are now awaiting the court’s decision on the two motions.

Regulatory Agenda

On December 14, 2017, DHS published an agenda item “Removing the H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” in the Fall 2017 Regulatory Agenda.  The agency intends to amend the original H-4 EAD rule and proposes removing it pursuant to Executive Order 13788, Buy American, Hire American. Unfortunately, we do not have details regarding what will happen to current EAD holders or an exact time frame for actions to occur.

Our firm will continue to closely monitor the Save Jobs USA litigation and the DHS regulatory process regarding H-4 EADs.  We understand the frustration and uncertainty that many of our clients have regarding the possible elimination of the H-4 EAD work authorization.  We will keep you updated with the information we receive and encourage you to contact your LAC attorney with any questions.

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