Litigation over H-4 EAD Resumes


Recent third party intervention has ensured that litigation over the H-4 EAD will move forward.  Immigration Voice, a group representing high-skilled foreign nationals, filed a Motion to Intervene with the federal court where the case has been on hold (“held in abeyance”) since March 2017 due to government delay.  That motion was granted on December 17, 2018, and the court has ordered the case to move forward. Opening briefs are due in January 2019.

The government had been requesting for more time since March 2017 because it was planning to repeal the H-4 EAD program, which would have rendered the original complaint moot. More than 20 months later, no action has been taken to rescind the H-4 EAD, prompting the request for resolution by Immigration Voice.  

By way of background, the H-4 EAD provides work authorization for spouses of certain H-1B workers who are in the process of obtaining permanent residence through their employers.  Save Jobs, a group of U.S. technology workers, are challenging the H-4 EAD program, alleging it adversely impacts U.S. workers.

This alert is for informational purposes only. Please contact us if you would like to discuss this development further.