EAD for H-4 visa holders

The Employment Authorization Document (EAD) for H-4 visa holders is still intact and has not been revoked. It could be safe till October 1, 2017, with a caveat.

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The Trump administration has on April 3, asked the United States District Court for the District of Columbia, for a period of 180 days’ time for the Department of Homeland Security (DHS) to deliberate on the new rules, to be made for the work permits known as EAD issued to eligible H-4 visa holders.

Lawyers for the US government informed the court that they will update the court every 60 days on the review process by the DHS and if they have determined their course of action before the 180 days, they will then do so.

Technically, the EAD for H-4 visa holders is safe for the next 60 days, but if the Trump administration comes up with their proposal to revoke it on the 61st day, it would be up to the court to decide on the outcome of the case, well before the 180 days’ time.

Save Jobs USA want existing EAD for H-4 visa holders to be revoked and the Department of Homeland Security to stop issuing any more EAD for H-4 visa holders. According to them it hurts the job chances of American workers. They argue that, according to law, only H-1B visa holders are allowed to legally work in the US, not their dependents on H-4 visa.

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Immigration Voice has recently filed a motion in D.C. Circuit court to intervene on behalf of thousands of its members on an H-4 visa who have EAD. Immigration Voice got concerned by the action of DHS, especially because Attorney General Jeff Sessions, called the H-4 Rule a “change [in] immigration law in a way that hurts American workers,” even though this rule has actually allowed many H-4 visa holders the ability to start businesses in the United States that employ American workers that would otherwise not have jobs if the rule had not been promulgated.

Immigration Voice said that “intervention in the Save Jobs lawsuit was the only option to protect the rights of our members and their families, including children who are US citizens.”

By Premji