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DHS rescinds H-4 EAD in Proposed Rule

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Posted by kcs0079 (35) 14 Dec 2017#1
DHS releases notification of proposed Rule for Rescinding H-4 EAD Rule in OMB Agenda under “Economically Significant” Priority. However, no rule has been posted to the Federal Register as of today. Do note that the “Fall Unified Agenda” has not yet been released and the rule has been submitted to OMB from USCIS/DHS for collation and final release where Immigration changes are very high on priority.
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Posted by mamamiya (423) 15 Dec 2017#2

DHS releases notification of proposed Rule for Rescinding H-4 EAD Rule in OMB Agenda under “Economically Significant” Priority. However, no rule has been posted to the Federal Register as of today. Do note that the “Fall Unified Agenda” has not yet been released and the rule has been submitted to OMB from USCIS/DHS for collation and final release where Immigration changes are very high on priority.

to kcs0079:



Title: ●Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization
https://www.reginfo.gov/public/do/eAgendaViewRul...
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Posted by mfd1402 (3166) 15 Dec 2017#3
to mamamiya:

Does this means that H4EAD is going away and they just need to determine timeline .... if that's the case then the most likely outcome is that they will stop renewing the H4EAD just like DACA EAD so they will gradually end the program over a period of 1 or 2 yrs
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Posted by kcs0079 (35) 15 Dec 2017#4
to mfd1402:

hard to say anything right now.
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Posted by desiAmigo (1632) 18 Dec 2017#5
to mfd1402:

Yes, going away for sure. Mostly they will just stop the renewals. The already approved ones will remain effective till expiry date.
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Posted by jinnythakrar (106) 18 Dec 2017#6
Its A loss American economy and DHS. We are headed to economic derailment.
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Posted by h1bneed (44) 18 Dec 2017#7
I guess, it has to go through Congress before making any actual rule change. So there is a lot of processing to be done before it actually comes into effect. But if it happens, then there would be lot of talent travelling back for sure ! Sigh ....
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Posted by jinnythakrar (106) 18 Dec 2017#8
to h1bneed:

this is the only country people came, work for 15 years and are asked to Leave. Other countries will welcome people like us without a second thought and make us permanent residents.
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Posted by h1bneed (44) 18 Dec 2017#9
to jinnythakrar:

I agree, compromising career of 1 spouse when he/she has put in the hard work for minimum 22 years of life to have a bright career doesn't seem to be a viable option. I know lot of people who stayed back only because H4-EAD came in else they had started looking for options outside USA.
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Posted by Jumpin777 (2109) 19 Dec 2017#10
to h1bneed:

No, It doesn't need to go through Congress. H4 EAD was an executive order by President Obama and it can be undone by executive order by current president.
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Posted by h1bneed (44) 20 Dec 2017#11
to Jumpin777:

Okay , but still i believe there will be a comment period followed by effective date based on the comments. So overall, it will be around 4/6 months of period at least. Isn't it ?
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Posted by Jumpin777 (2109) 20 Dec 2017#12
to h1bneed:

We have seen that how this administration implement rules without accounting for any aftermath. That being said, if this rule ends via Court (lawsuit by save Jobs USA ) then ya it may take few months.

If it is done through executive order then they may revoke EAD effective immediately or may give few months. There was a conference call on Immigration voice earlier this week and lawyer mentioned the same thing. At this point in time its hard to say how it will play out.
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Posted by anks2297 (6) 20 Dec 2017#13
to Jumpin777:

Obama did not implement this rule via executive order but followed a proper rule making process. The rule is not yet published in the Federal register to start the rule making process. Since its in the FR for 2018 i would assume it will follow the process.
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Posted by jinnythakrar (106) 20 Dec 2017#14
to Jumpin777:

DJT has created lawsuits with EO and this will create one more.
and what are this fighting for 30,000 jobs. just make us rethink how long we will be able to live here if DJT keeps doing this.
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Posted by anks2297 (6) 20 Dec 2017#15
to Jumpin777:

Major: YES This indicates whether this rule is considered “major” and therefore subject to the 60-day deferral requirement under 5 U.S.C. 801, enacted by P.L. 104-121, because it has resulted or is likely to result in an annual effect on the economy of $100 million or more, or meets other criteria specified in that Act. It means that adding up 60 days for “comment and rulemaking” period, another 60 days for rule deferral under U.S.C 801 and yet another 60 days for rule to take effect after it is published (All final rules come into effect 30 days after published in the Federal Register, 60 days for Major Rules). In Base Case/Probable Case, it will take 180-240 days for H-4 EAD to be revoked. In a worst-case scenario (very unlikely), the administration can forego the “Public Comments” step (deduct 60 days), meet the 60 day wait time for the final rule under “Major Rule”, publish the final rule which could come into effect 60 days later (Total 120 days). While the worst case is actually 120 days, there is a loophole in the U.S.C 801 clause where the administration can submit the final rule to the Congress and (Comptroller General) and provide a forward date for the rule to take effect, still providing them the minimum 60 days requirement. In all likelihood, the timeline for the rule change will remain on the right side of the Base Case graph. Any litigation can push the timeline to the right.
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Posted by jinnythakrar (106) 09 Jan 2018#16
Please share and fill requested trump administration survey.

https://action.donaldjtrump.com/responsible-immi...
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