We are delighted to share with you that the
Court has just
accepted our motion to intervene in the H4-EAD lawsuit. This is a major development because the Court of Appeals does
not typically allow a party to intervene at the appellate level and it is
significant that the court granted our motion to intervene. That indicates the
court has some concern (and with good reasons) that our interests will not be
adequately represented by DHS/Government.
Currently, the only thing preventing tens of thousands of
legal, tax-paying high-skilled immigrants, losing the basic ability to work and
support their families is - Immigration Voice’s motion to intervene.
Since DHS could not quietly get rid of the H4-EAD regulation
as a settlement of this lawsuit (thanks to our timely motion to intervene), DHS
subsequently published Notice of Intent to rescind H4-EAD regulation. There is
no ambiguity about the intent of the DHS and it is crystal clear where
things stand.
Today, the Court also issued an order removing the case from
abeyance, thereby allowing Save Jobs USA to file a new opening brief, and
directing the Clerk to set a briefing schedule. More importantly, since the
court has also granted our motion to intervene, we get to file a brief in
opposition to the new brief that Save Jobs USA will file under the soon to be
issued briefing schedule.
Given that DHS has already declared its intent to get rid of
H4-EAD program, the court’s acceptance of our motion to intervene gives us a
fighting chance to make a representation on behalf of our members for whom H4-EAD is so important. And for that outcome, the intervention in the lawsuit is
the only thing that is keeping H4-EAD program alive and it stands between
50,000+ families from losing their right to provide for their families.
Now that we have the ability to file a brief in opposition
to the new brief that Save Jobs USA will file, we are confident we will be able
to make a representation in the Court that H4-EAD is a fair, just and lawful
program.
Immigration Voice continues to live up to our promise to
represent high-skilled immigrants in the United States so that our members are
not exploited by bad employers, unscrupulous immigration lawyers or by the
anti-immigrant forces. We are committed to working together with American
workers for a just a fair system which prevents exploitation of skilled
immigrants’ and discrimination against US workers in the marketplace.
As always, we are grateful to our volunteers and donors who
kept their faith and have not given up asking for a fairer system. It is
because of the efforts of our volunteers, that the H4-EAD regulation continues
to exist. It is because of our collective efforts, there is a real serious
prospect of H.R.392 / S.281 - The Fairness for High Skilled Immigrants Act -
becoming law soon.
Thank you for all your help!
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