H4 EAD News: Will Trump Revoke H4 EAD| North Loop Official Blog
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25 Nov 2020

H4 EAD News: Will Trump Revoke H4 EAD

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What is EAD?

Employment Authorization Document (EAD) is a document that entitles the spouses of H1B nonimmigrant visa holders to legally work in the United States, provided they hold an H4 visa.

This rule was implemented in May 2015 as a step to ensure that the services of highly qualified and skilled H1B employees would be carried out in the United States. This rule made the lives of H1B visa holders and their dependents (families) become permanent residents of the United States in due course while carrying out employment services in the country.

However, many controversies arose as a result of the implementation of this rule as Americans protested that they would lose their jobs to immigrants. Due to this, a lawsuit was filed against The Department of Homeland Security (DHS) in a bid to get this rule revoked.

An organization of IT workers that went by Save Jobs USA complained of market saturation.

The lawsuit was rejected initially as a baseless lawsuit but was kept alive due to an appeal. The case still runs to this day and reports suggest that the Joe Biden administration may overturn the appeal.

Eligibility for H4 Visa EAD-

A person is eligible to apply for an H4 Visa if their H1B nonimmigrant visa holder-

  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers

  • Has been granted H-1B status under sections 106(a) and (b) of the AC21. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation.

As per the latest update regarding this case, it is still on hold with OMB for further review. Spring 2020 Regulatory agenda was announced with H4 EAD revocation in the list. However, this was not the first time it’s been part of the agenda and H4 EAD visa holders do not have to worry about their status being revoked.

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