Revoking EAD for H4 - Issue Is Back & Burning

Revoking EAD for H4 - Issue Is Back & Burning

The revoking of work authorization for H1-B spouses was expected to come into implementation by the end of 2018, but the US administration pushed it back from priorities. Now, with the pressure of a group 'Save Jobs USA', the issue is back and burning in the courtroom.

The group which formed after losing jobs for H1-B workers in 2015, submitted a suit in the court to cancel the Obama rule's EAD for H1B spouses. The Trump administration delayed issuing a rule to repeal this Obama rule but had to look into it seriously after the group reiterated the need for voiding the EAD for H4s with a new suit as the government was taking too long in rescinding it.

However, the considering present condition, even if the court verdict is favorable to the EAD programme, the US administration might want to cancel the EAD programme. President Trump in his fall agenda release in October 2018 too reiterated the point that freedom to work available for H-1B workers will be coming to an end.

US Court of Appeals also allowed intervention of 'Immigration Voice' a non-profit group that works to resolve the problems faced by highly skilled immigrant workers, along with allowing the 'Save Jobs USA' lawsuit to the hearing.

In a fresh update submitted by the group (Save Jobs) this month, they stated that the US Congress did not authorize the DHS (Department of Homeland Security) to grant EADs to H4 holders. 'Immigration Voice' has until February 22 to make its submission and the DHS has requested the case to be put on hold, owing to the US government shutdown.

The dilemma prevails on future of more than 1.18 Lakh EADs for now. 94 percent of total EADs are issued to Indian spouses, as per the authorizations issued till December 2017 from May 2015.