H4ead's Legal Battle: Lawsuit Revoked?

The H4 EAD program has been the subject of a long-drawn-out legal battle, with Save Jobs USA filing a lawsuit against the Department of Homeland Security (DHS) questioning their authority to grant Employment Authorization Documents (EADs) for H4 visas. The lawsuit sought to revoke the H4 EAD rule, which would have provided thousands of H-4 spouses with their first opportunity to work in the US. The DHS requested the court to dismiss the lawsuit, arguing that only Congress can issue work permits. The Biden administration ultimately withdrew the proposal to revoke H4 EAD, providing relief to H4 visa holders eligible for EAD application. However, the legal battle has had an impact on processing and renewal timelines, with the Trump administration's plans to revoke H4 EAD causing uncertainty and delays.

The lawsuit against H4EAD was filed by Save Jobs USA

Save Jobs USA has argued that the H-4 Rule, which allows for employment authorisation across a broad range of economic sectors, will harm its members, who work in the information technology sector. However, DHS has stated that Save Jobs has not established how its members would be clearly or immediately harmed by the rule. The DHS also argued that Save Jobs was pressing a boundless view of competitor standing, which would allow anyone to challenge an agency action that may result in more people entering the US job market.

The case has seen a number of developments, with the court ordering the case to be removed from abeyance in December 2018 and directing the clerk to enter a briefing schedule. Immigration Voice, a non-profit organisation, was permitted to intervene and present their findings in the lawsuit. On April 2, 2021, Save Jobs USA filed a renewed motion for summary judgment in the US District Court for the District of Columbia.

The outcome of the case remains uncertain, with DHS seeking to dismiss the lawsuit and potentially delay or stop the rule-making process to revoke the H4 EAD rule. However, if the case is dismissed, DHS may have more freedom to make its own decisions regarding the H4 EAD rule.

The lawsuit questions the authority of the DHS to grant EADs for H4

The lawsuit in question, Save Jobs USA v. DHS, challenges the authority of the Department of Homeland Security (DHS) to grant Employment Authorization Documents (EADs) to H-4 dependent spouses. H-4 visas are issued to spouses of H-1B visa holders, who are typically highly skilled workers. The H-4 EAD rule allows these spouses to apply for work authorisation in the United States, which has enabled approximately 90,000 families to become dual-earning households.

Save Jobs USA, a consortium of U.S. tech workers, argues that the DHS does not have the authority to issue the H-4 EAD rule. They contend that only Congress can issue work permits. In response, the DHS asserts that its authority to implement such rules stems from specific provisions of the Immigration and Nationality Act (INA). The DHS further states that the H-4 EAD rule falls within its statutory authority to set the terms and conditions under which non-immigrants can remain in the United States.

The lawsuit has progressed through the U.S. court system, with the District Court initially granting summary judgment to the DHS and upholding their authority to issue the H-4 EAD rule. Save Jobs USA appealed this decision to the DC Circuit Court, which also affirmed the lower court's ruling. The DC Circuit Court of Appeals held that the plaintiff, Save Jobs USA, failed to distinguish their case from a previous decision in which the court affirmed the DHS's authority to issue EADs on similar grounds.

The outcome of this lawsuit is significant for families, particularly those from India and China, as it directly impacts the ability of H-4 spouses to work and support their families while in the United States. It also has implications for U.S. employers and the retention of top talent from around the world. While the recent ruling upholds the authority of the DHS to grant H-4 EADs, it is anticipated that challenges to DHS regulations regarding work authorization will continue.

The Biden administration withdrew the proposal to revoke H4EAD

The H4 EAD rule, which was added by the Obama administration in 2015, allowed dependent spouses of H1B non-immigrants to work legally in the US. However, the Trump administration opposed this rule and wanted to revoke H4 EAD, claiming that H4 EAD workers compromised the local job market. As a result, the Department of Homeland Security (DHS) under the Trump administration started working on ending the H4 EAD program. They submitted a proposed regulation to revoke the work permit for H4 visa holders in February 2019.

The Biden administration, however, took a different approach. They withdrew the proposal to revoke H4 EAD, providing relief to eligible H4 visa holders. This decision was made within the first week of President Biden's term in office and was part of his larger immigration reform plan. By withdrawing the proposal, the Biden administration secured the working rights of approximately 100,000 H-4 Employment Authorization Document (EAD) visa holders.

The withdrawal of the proposal by the Biden administration was a result of a long-drawn-out lawsuit involving the H4 EAD program. Save Jobs USA filed the lawsuit against the DHS, questioning their authority. The DHS initially asked the court to dismiss the lawsuit, but it was unable to provide sufficient evidence to support its claim. As a result, the proposal faced significant delays, and with the change in administration, the outcome shifted.

With the proposal to revoke H4 EAD withdrawn, attention has turned to improving the processing timelines for H4 EAD applications. Proposals are being considered for extensions, premium processing, and the elimination of the Biometrics requirement to reduce wait times and potential income loss for eligible H4 EAD applicants.

The DHS requested the court to dismiss the lawsuit

The lawsuit sought to have the court declare that DHS exceeded its legal authority and acted arbitrarily by creating the H-4 EAD program. Additionally, the plaintiffs wanted to permanently prevent DHS from issuing employment authorization to H-4 visa holders and to vacate the H-4 rule. Despite the pending lawsuit, the H-4 EAD program was projected to move forward and become effective on May 26.

The DHS's request to dismiss the lawsuit was likely a strategic move to avoid scrutiny of its authority and decision-making process. If the case were dismissed, DHS could revoke the H4-EAD without legal intervention, claiming that only Congress has the power to issue work permits. This would be a blow to both businesses and nonimmigrants, as it would limit work opportunities for H-4 spouses and reduce the available workforce.

The outcome of this legal challenge remains uncertain, but it highlights the complex nature of immigration and work authorization policies in the United States. It also underscores the challenges faced by those seeking to hold government agencies, like DHS, accountable for their actions. In such cases, seeking legal advice from experienced attorneys is crucial to understanding one's rights and navigating the complex legal landscape.

The lawsuit was dismissed by the court

The lawsuit filed by Save Jobs USA against the H4 EAD rule has been dismissed by the court. The H4 EAD rule was enacted to allow H-4 visa holders, who were often spouses of H-1B visa holders, to apply for an Employment Authorization Document (EAD) and legally work in the US. This was beneficial to thousands of H-4 spouses, giving them the opportunity to work after many years of staying at home.

However, Save Jobs USA filed a lawsuit against the Department of Homeland Security (DHS), questioning their authority to implement the H4 EAD rule. They requested that the court revoke the rule and stop its implementation. The DHS asked the court to dismiss the lawsuit, arguing that only Congress has the power to issue work permits, not the DHS.

The court's dismissal of the lawsuit means that the DHS can now make its own decision regarding the H4 EAD rule without interference from the courts. This includes the possibility of revoking the H4 EAD rule or stopping the rule-making process altogether. The Biden administration has since withdrawn the proposal to revoke the H4 EAD rule, providing relief to H4 visa holders eligible for EAD application.

While the lawsuit has been dismissed, there may still be ongoing legal proceedings or discussions regarding the H4 EAD rule. It is important for H4 visa holders to stay updated with the latest news and seek reliable sources for information. The outcome of the court's decision and the subsequent actions by the DHS will have a significant impact on the ability of H-4 spouses to work legally in the US.

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