Save Jobs USA and DHS have traded another set of motions in the H4-EAD lawsuit.
For context, you need to know that
Immigration Voice filed a motion to intervene in the lawsuit. Our motion to intervene disrupted a planned settlement between Save Jobs USA and DHS which would have resulted in all H4-EAD’s becoming invalid in April 2017. Our intervention forced DHS into a lengthy rule-making process while allowing our members to continue supporting their families for the last eight months - and will allow them to continue supporting their families for the next few months.
The judge has deliberately not ruled on our motion to intervene. We believe the judge will only rule on our motion to intervene if DHS tries to either settle with Save Jobs USA or does anything to weaken its defense the regulation in court. Our motion to intervene (which is deliberately not being ruled on) is essentially keeping DHS lawyers honest.
Save Jobs USA is asking for the court to hear their challenge to the H4-EAD program irrespective of the notice DHS recently released where they proposed to repeal the program.
DHS responded by asking the court to continue to hold the case in abeyance (i.e. no further hearings) until July 2018.
We believe the court will grant DHS’s motion to hold the case in abeyance until July 2018.
In their motion,
DHS once again unambiguously
confirms that they are going to remove H4 Visa from the class of aliens eligible for work authorization (i.e.
rescind H4-EAD).
Additionally, the language used by DHS indicates to us that DHS will have finished rescinding the H4-EAD program
by July 2018.
Things are moving very quickly - much quicker than they did in the Obama administration.
As we shared with you during our last call (
you may listen to the whole call here), serious discussions are underway to limit the H-1 Visa to 6 years i.e. deny any H1 extensions after 6 years.
The root cause for all this is the per-country cap on employment-based Green Cards. With 302 co-sponsors, we believe we are close to getting the per-country bill done - but we need more help to get us over the finish line. If you want to help solve this problem, please read this handy guide and step up for yourself and your family:
bit.ly/hr392dec2017guideOur community needs to stand together against this threat and not get distracted by lawyers and lawyers groups trying to introduce a false sense of complacency in the community.
Thank you,
Immigration Voice
