Suit over New H-4 EAD Rule

As we posted earlier, a lawsuit was filed in Federal court (Save Jobs USA v. U.S. Dep’t of Homeland Security) seeking to halt the rollout of the new rule which would allow H4 spouses to receive an EAD. Save Jobs has argued that there isn’t any statutory authorization for the new H-4 EAD rule and that Save Job’s members will be injured by this new rule because it will expand the number of nonimmigrant workers that its members will have to compete against. On May 12, DHS asked that the suit be dismissed for several reasons. The main contention of DHS was that “Indeed, they fail to submit a scintilla of documentary evidence supporting their claim that they have been ‘injured’ for purposes of Article III standing.”

The final H-4 rule is set to take effect May 26. However, no guidance has been issued on the procedures for the new rule and this lawsuit may be one of the reasons nothing final has been released yet. We will post more developments as they happen.

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