H4 EAD Lawsuit: H4 EAD rule was passed early February 2015 and became effective May 26, 2015. The estimate that was presented by USCIS says that in the first year 179,600 H4 Visa holders will be eligible while subsequent years it will be 55,000 per year. Based on this statistics, Save Job USA filed a lawsuit against USCIS to block this new rule and to grant EAD to certain H4 visa holders. The claims were that the EAD was for certain worker, the unemployment rate has increased and this new rule favours the H1 B workers to stay longer in the USA.
After that, Save Job USA also filled another lawsuit against DHS (Department of Homeland Security) before the rule set out by the Organization was about to gain public awareness.
H4 EAD Lawsuit Update Today
Save Job USA is made up of IT worker having a claim that their jobs were lost to H-1B workers. In 2016, H4 EAD claims could not hold waters as they could not prove the impact they could make to the country. So the Federal District court initially dismissed their lawsuit.
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The plaintiff of Save Job USA did not give up so they filed another lawsuit to the United States Court of Appeal and they claimed the following things below this second time:
- The new existing rule does not account for protection for workers residing in the United States and it has rendered many H4-Visa holders to be jobless.
- That DHS has never had the power to provide EADs for H4 Visa Holders.
Since Donald Trump entered the Presidential House, a lot has happened to H-4 EAD rules as Trump took the oath to become the President of America.
H4 EAD Lawsuit Latest News
Trump administration requested the following:
- In the year February 2, 2017, there was a 60 days abeyance to consider the issue of the lawsuit filed by Save Job USA and for them to submit their brief in response to consider their case. Triumph administration asked for an additional 80 days abeyance whereby they will update the court every 60 days before the additional 180days.
- In the year, June 23, 2017. The appeal court approved to stay and asked both Save Job USA and DHS to file a motion on how they would like the case to go. While in 20th of September 2017, Save Job USA filed a motion as no action nor publication of rule has been amended to suit the demands of H4 Visa Holder and they requested for oral argument to resolve the case and Save Job USA added that if the delay persists, it will affect America worker and later lead to litigation.
- In 27th of September, 2017, DHS reiterated and filed a motion to the appeal court to hold the ongoing H4 EAD case in obeyance to the temporary suspension until December 31, 2017, the reason for this motion is to give them time to implement Trump Executive Order on Buy Americans Hire Americans and they also need time to consider the way they will handle H4 EAD rules.
H4 EAD Lawsuit Status 2019
Related Tags: H4 EAD Lawsuit Murthy, H4 EAD Lawsuit Motion Hearing Update