H-4 EAD — Blog — Nadia Yakoob & Associates

Surprising New Twist in the Legal Battle over the H-4 EAD

The legal battle over the rule that allows spouses of certain H-1B workers to obtain work authorization had an unexpected development earlier this month. For the last five years, Save Jobs USA, a group of U.S. technology workers, has been challenging this rule as hurting U.S. workers. Since the Trump administration took office, the Department of Homeland Security (“DHS”) has been stalling this case, insisting that it plans on rescinding the rule, which would make the litigation unnecessary.

DHSNadia YakoobMay 19, 2020H-4 EAD

Repeal of H-4 EAD Delayed Until Spring 2020

The publication of a proposed rule that would rescind the H-4 EAD has been delayed until at least spring 2020. In a letter submitted by the Department of Homeland Security (“DHS”) to the U.S. Court of Appeals for the District of Columbia last week, the agency confirmed that while it still plans on publishing a rule to repeal the H-4 EAD, the proposed rule is still undergoing interagency review. DHS also stated that the spring 2020 date was “aspirational.”

Nonimmigrant, DHSNadia YakoobSeptember 23, 2019H-4, U.S. Court of Appeals, DHS, H-4 EAD, H-1B

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 pending (“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.