Lawsuit filed to challenge USCIS’ H-4 Spouse EAD program

On February 24, 2015, USCIS announced that it would expand eligibility for an Employment Authorization Document (EAD) to certain H-4 spouses whose primary H-1B holders have an approved immigration petition or have been granted H-1B status beyond the 6 year limit based on AC 21.  (Please refer to our previous blog post here for more information regarding eligibility for this program.)

On April 23, 2015, “SAVE Jobs USA,” a group of former SCE employees filed a declaratory suiH4 lawsuitt against the Department of Homeland Security (DHS) to invalidate the new H-4 Spouse EAD program, which is scheduled to take effect on May 26, 2015.  (See Save Jobs USA v. DHS, Civil Action No. 1:15-cv-615, United States District for District of Columbia.)

SAVE Jobs USA contends that its members will be injured by the H-4 Spouse EAD program because they will be forced into greater competition with foreign workers for jobs.  The complaint alleges that DHS acted arbitrarily and capriciously by authorizing the program, and that “the H-4 rule is in excess of DHS authority and directly contradicts several provisions of Immigration and Nationality Act.”  According to the May 2015 court calendar, no hearing has been scheduled in the matter.

At this time, the lawsuit does not have any immediate impact on the program and it will still take effect on May 26, 2015.  However, if the court grants a preliminary injunction, the program will be temporarily suspended as in the case of the new DAPA program and expanded DACA.

We at Just Law International, P.C., will continue to provide updates on the pending lawsuit and the H-4 Spouse EAD program.  Until the court makes a decision regarding the preliminary injunction, we will move forward with H-4 Spouse EAD applications as planned.  Please do not hesitate to contact us for more information and to schedule a consultation regarding your eligibility for an EAD application.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.

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