Great News for H4 EAD Spouses!
DHS is arguing that Save Jobs lacks standing to challenge DHS about implementing H4 EAD.
And DHS is requesting the court to dismiss the lawsuit.
This Court Should Affirm the District Court’s Decision Because Save Jobs Lacks Standing to Challenge the H-4 Rule
Here’s what DHS stated in the court filing in the brief filed to the court on April 1, 2019.
Save Jobs never established how its members, who work only in the information-technology sector, would clearly or immediately be harmed by the H-4 Rule—which affords employment authorization eligibility across a far broader range of economic sectors. Instead, Save Jobs pressed a capacious and boundless view of competitor standing that would allow anyone to challenge an agency action that may result in more people entering the U.S. job market as a whole, in any occupation. The district court was right to grant summary judgment to DHS.
Have you opened the champagne yet!
Save Jobs USA vs DHS – H4 EAD – Lawsuit – Update
Let’s look at the first couple of pages from the Introduction Section of the Brief field by DHS:
Page 2 of the Introduction continued below.
This is a HUGE Relief, right?
I think, at least for the time being, enjoy this update.
So, what happens next with this H4 EAD – Save Jobs vs DHS Lawsuit?
The Judge should rule on this case. I will update the case details if there is a ruling.
Maybe Save Jobs USA will respond to this Brief field by DHS!
But, the good news is that DHS is requesting the Court to dismiss the Save Jobs USA vs DHS H4 EAD lawsuit.
What about the H4 EAD Rule Making Process under the work by DHS?
Would that Rule Making Process will be stopped or delayed?
Click Here for the latest news about – Rule Making Process to Revoke the H4 EAD rule.
That is the next Million Dollar Question.
Maybe, if this lawsuit is dismissed, DHS would not be in a hurry to implement the Rule to Revoke H4 EAD or they may top the rulemaking altogether.
What are your thoughts?
Pay close attention to the following statement in Page 2.
Here’s the Text Extract. Read the lines in bold.
—particularly because the agency has taken the affirmative steps necessary toward publishing a notice of proposed rulemaking to remove H-4 dependent spouses from the class of aliens eligible for employment authorization. If a final rule is issued that effectively rescinds the changes made by the H-4 Rule, this case will be moot. If it is not mooted, the Court can take up the issue at an appropriate time.
It’s a bit confusing when you read the above sentences.
- Is DHS doing to Revoke the H4 EAD Rule?
- Is DHS going to stop the rulemaking process to Revoke the H4 EAD rule?
They have listed..
If the final rule cancels the H4 EAD, this case will be moot.
- Definition of moot – having little or no practical relevance, typically because the subject is too uncertain to allow a decision.
If the not canceled, the court can take up the case again!
So, while we watch and wait for what DHS would do next, enjoy this interesting argument from Page 30 of the brief.
And by the way, if you to read the full filing, here is the link.