The Save Jobs USA versus DHS case challenging H4 EAD has turned another corner Wednesday with the court asking DHS to respond within 90 days on its stated intention in Fall 2017 to revoke the EAD for H4 dependants of H1B workers.
The United States Court of Appeals for District of Columbia Circuit has issued the following order:
Notice of Docket Activity: The following transaction was entered on 02/21/2018 at 10:58:36 AM EST and filed on 02/21/2018
Case Name: Save Jobs USA v. DHS
Case Number: 16-5287
Docket Text: PER CURIAM ORDER  granting motion to hold in abeyance [1710291-2]; denying motion to reschedule briefing and oral argument [1710188-2]. This case will continue to be held in abeyance pending further order of the court. Appellee represents that it plans to issue a notice of proposed rulemaking in February 2018 to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization. Appellee is directed to file a status report within 90 days of the date of this order, and every 90 days thereafter. The parties are directed to file motions to govern further proceedings within 30 days of appellee’s completion of the proposed rulemaking. Status Report due by 05/22/2018. Before Judges: Rogers, Griffith, and Kavanaugh. [16-5287]”
This court order makes it clear that the court is going to hold Immigration Voice’s motion to intervene in abeyance until the conclusion of DHS’s proposed rulemaking to rescind the existing H4EAD rule.