Latest Updates on H4 EAD: Uncertainty and Legal Proceedings
With the evolving immigration landscape, particularly under the Trump administration, the future of H4 EADs remains a topic of intense interest. As of the latest developments, the administration is working towards revoking this category of work permit. However, the process is currently in the pipeline and the exact timeline remains uncertain.
According to the most recent updates, the rulemaking process for removing EADs for certain H-4 dependent spouses has reached Step 4 out of 9. This process is being reviewed by the Office of Management and Budget (OMB). There is a hearing scheduled for May 1, 2019, and there are no new developments regarding the ongoing lawsuit in court. The current status of H4 EAD is in a state of limbo, and while it could potentially be rescinded, there is a chance it might persist.
It is also important to note that the H4 EAD community now has a voice due to the court's decision to include Immigration Voice as a party in the lawsuit. The outcome of this legal action could determine the future of H4 EADs, and while the summer might see some resolution, a concrete date cannot be predicted with certainty.
H4 EAD Removal Process Timeline
The estimated timeline for the rule to become final suggests that it will likely take several months. The process typically involves the following stages:
Rulemaking by USCIS in Fall 2018 OMB review Public comment period (expected to last 60-90 days) Release of the final rule and implementationGiven the economic significance of this rule, the comment period is expected to last on the longer side. Once the comments are reviewed, USCIS will finalize the rule, which will then lead to significant changes in the process for H4 EADs.
Legal Proceedings and Court Involvement
As this is a highly contentious issue, concurrent lawsuits are currently being heard through the courts. This means that the ultimate decision on the fate of H4 EAD could be influenced by the outcomes of these legal battles. While the court's involvement provides some hope for the H4 EAD community, it also increases the uncertainty around the timeline.
Consultation with Immigration Attorneys
For anyone who is uncertain about the status of H4 EADs, it is highly recommended to consult with an immigration attorney. Legal experts can provide the most accurate and up-to-date information and guide individuals on how to navigate this complex process.
As of today, there have been no changes to the H4 EAD specifically. Eligible individuals can still apply or renew their EADs if necessary. USCIS is currently working on rescinding the EAD, which is in the rule-making stage. Once the official rule is published, the public comment period will begin, after which the final rule will be released.
The process is detailed and involves several steps, making it essential for individuals to stay informed and seek professional advice to ensure compliance with any changes that may come.