Good News: Trump Administration Asks Court to Not Revoke H4 EAD – May 2020

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DHS (Department of Homeland Security) asks Federal court to not revoke H4 EAD rule. OMB review is pending and may never come out. Trump government has changed its stand?

DHS has asked the Federal Court not to terminate the H4 EAD work permit. The Trump administration appears to be changing its mind.

DHS changed its old opinion to repeal the H4-EAD rule before the DC federal judge. They informed the federal court that, according to Law 360, all claims for economic damages suffered by Save Jobs USA are completely speculative.

For people who can’t believe, here is a snapshot of Law360, an American company from LexisNexis:

The H4 EAD revocation process is going on in parallel with the SaveJobsUSA vs DHS court case. Both are related and hence sometimes cause confusion. H4 EAD’s fate is hanging on to these two streams separately:

  1. SaveJobsUSA vs DHS court case – American workers group asking to stop H4 EAD as it increases competition and takes away jobs.
  2. DHS’s own idea and process of revoking H4 EAD work Authorization motivated by Trump’s orders.

Note that neither of the two streams has reached a final result yet. The court has not taken any final decision and I expect that the OMB may not do anything either as DHS is not able to justify any economic loss to the US government at this time.

The hopes are alive that H4 EAD will not be terminated.

New York-based attorney Cyrus Mehta has echoed the sentiment in his talk with Times of India that DHS may be facing difficulties to convince OMB.

He says: “The position of the Trump administration in its recent petition conflicts with the position it previously held against work permits for H-4 citizens. You tried to pass an ordinance to repeal the Obama-era rule, but you could not enforce it The Office of Administration and Budget (OMB) has probably announced that the proposed regulation had no economic and legal reasons Administration must also face strong pressure from allies on large companies supporting EAD H-4 . “

Earlier on Sep 16, 2019, DHS had told the court that the earliest possible date that H4 EAD revoke may be published is Spring 2020.