More Time To Review H4 EAD Employment: Trump Administration

Trump Administration asks for more time to make a decision on a petition that is crucial for Indian H1B dependents.

Washington: The Department of Homeland Security has asked the DC Circuit Court for more time to review the petition on H4 EAD employment filed by anti-immigrant advocates.

The agency wanted a 180-day period to decide on the petition filed on EAD employment. DHS said that it would update the court every month in the meantime and that it would inform its decision if the review completed before the requested timeframe.

The rule that allowed the spouses of some categories of H1-B visa holders, or H4 visa holders, to work was implemented during the Obama administration in 2014. As a result, thousands of H4 visa holders, who otherwise had to wait for green cards to work, were immediately permitted to work.

The rule, however, drew criticism from anti-immigrant advocates, who said that the rule would expand the labor pool and impact American workers. One such advocacy group Save Jobs USA had challenged against the rule in court.

The petition was dismissed in 2015 by a district judge, but the group appealed in DC Circuit Court.

After Trump took office, DHS asked for a 60-day time period to review the petition. On April 3, the agency asked for more time, 180-day period, to decide on the rule.

H4 EAD employment has allowed H1B dependents to work and dismissing the rule would impact thousands of dependents.

The Trump administration has also taken initiative to deter H1B fraud recently, as part of tightening the program as per the promises made by Trump during his presidential elections. He criticized the program being misused and abused and emphasized the necessity to restrict the program to hire only highly skilled foreign workers.

Leave a Reply

Your email address will not be published.