H4 EAD Termination News: SaveJobsUSA vs DHS

H4 EAD Termination News: SaveJobsUSA vs DHS
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Status

DHS won the lawsuit against SaveJobsUSA. (more details to follow)

SaveJobsUSA vs DHS Court Case

Oral argument completed on September 27th 2019. After listening to the Oral arguments by both SaveJobsUSA and DHS, Judges will make a decision in a week or two.


H4 EAD Revocation by DHS

DHS says , it is still working on the rule and going through the regulatory process. Their earliest planned date to publish is Spring 2020.


Timeline

  • Feb 24th, 2020: No new update on the rule making in February yet. No changes to rule making in January 2020. It is still stuck with OMB. The planned NPRM date for H4 EAD rule removal is March 2020.

  • Nov 8th 2019: DHS won the lawsuit against SaveJobsUSA

  • September 27th, 2019: After listening to the Oral arguments by both SaveJobsUSA and DHS, Judges will make a decision in a week or two.

  • September 18th, 2019: Court issued an order in the evening that the oral argument would go on as planned before on Sep 27th, 2019.

  • Sep 16th, 2019:
    DHS states that, “The proposed rule is currently undergoing the interagency process as required by Executive Order 12866. As previously indicated, DHS’s intention to proceed with publication of the H-4 EAD proposed rule remains unchanged. At this point, DHS has informed counsel that it believes the earliest possible publication date for that rule would be in spring 2020. Although that timeframe is aspirational , DHS believes that the September 27, 2019 oral argument should be removed from the calendar and postponed and DHS ordered to provide status updates in accordance with a schedule the Court deems appropriate.”

    Save Jobs USA argued that the appeal should move forward and that the court should hold oral argument as scheduled.

    Immigration Voice argued that “based on prudential considerations and in the interest of judicial economy the oral argument should be removed from the argument calendar and indefinitely postponed.”

  • Jan 29, 2019 – No Removal Rules Yet : Federal Court has refused DHS’s appeal to wait for their revoke rules publication. DHS is under pressure now, to come out with H4 EAD removal rules at the earliest. Government funding will speed up the process now.Immigration Voice reports that their appeal against H4 EAD removal accepted by federal court for hearing! Good news!

  • Dec 27, 2018 : Immigration Voice Appeal Request Accepted in Federal Court.
    Federal court decided to start case hearing again and stop waiting for DHS to remove H4 EAD. The court case is against DHS allowing H4 EAD to work which DHS did not contest after Trump came to power. Now, this appeal is contesting and want to argue in favor of H4 EAD. Ideally, this should have been done by DHS! So, if court agrees to appeal in favor of H4 EAD, immigration Voice may win the case and then H4 EAD removal may be put on hold. Only time will tell.

  • Dec 21, 2018 – H–4 Employment Protection Act of 2018 introduced by California Congresswoman (Eshoo, Lofgren). H.R. 7150 bill aims to protect H4 EAD work permit from DHS removal. The chances of HR 7150 becoming law are very low at this time even with Democrat majority in house.

  • Sep 26, 2018 – U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) letter to USCIS. USCIS reply (on last page) – Oct 16, 2018.

  • Sep 21, 2018 – DHS informed the federal court about completion of rulemaking work and rules pending USCIS review.

  • Sep 17, 2018 – SaveJobsUSA files motion in Court to continue with the case as DHS is taking too long to publish rules for H4 EAD withdrawal.

  • Sep 6, 2018 – USCIS replied back to Internet Association confirming their stance of no backing off.

  • Aug 23, 2018 – Business Roundtable sent an official letter to USCIS in support of H4 EAD is signed by Apple, ADP, American Airlines, Pepsi, Coca-Cola among other CEOs.

  • Aug 22, 2018 – Internet Association sent a letter to USCIS requesting a re-think on their H4 EAD withdrawal rule.

  • Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.

  • May 19, 2018USCIS started issuing RFEs for filing renewal before 120 days. USCIS officially allows filing H4 EAD renewal 180 days before expiry (Refer: USCIS EAD Rules and EAD) and the H4 EAD 120 day RFEs are not justified. New H4-EAD renewal applicants have confirmed that they are able to get H4 EAD renewed even when filing 180 days in advance.

  • May 16, 2018 – 130 bipartisan congress members sent signed letter of support in favor of H4-EAD to USCIS.


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