Latest Movement in The H4 EAD Lawsuit

Posted on November 14, 2019
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Woman looking at lawsuit results

The H4 EAD debate took a turn in the reverse direction when the Court of Appeals sent the case back to the District courts to revise the case more thoroughly. Save Jobs USA, an organization contesting the right for H4 EAD holders to work got the judgement in their favor which ruled that H4 EAD holders increase competition for local US job seekers. This allowed the lawsuit to proceed to the next level.

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While this does not rescind H4 visa holder’s right to work and hold an EAD, it does act as a minor setback in that it further delays the final adjudication. By proving that H4 EAD holders do provide unfair competition to local US job seekers, it strengthens the case for the current administration to push for the final ruling of rescission.

Although a small movement within the H4 EAD case, this does not affect the current or potential H4 visa applicants’ right to apply for an EAD. They can continue applying for new ones if eligible or apply for an extension if they are nearing the end of their term. The expected final ruling for H4 EAD is expected in spring of 2020. However, with this decision, chances are that may still get further delayed. Having been sent to the district courts again, this just means the argument is back where it started and implies further delays to the final ruling.

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