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Is H4 EAD Saved? DHS Asks The Court to Dismiss the Lawsuit Filed by Save Jobs USA

h4 ead dhs save jobs usa dismiss lawsuit

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:

H4 EAD Laswsuit - Save Jobs USA DHS 1

Page 2 of the Introduction continued below.

 

h4 ead lawsuit save jobs usa update page 2

 

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.

h4 ead rule making revoke status

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.

h4 ead competition save jobs members

And by the way, if you to read the full filing, here is the link.

[pdf-embedder url=”https://www.happyschools.com/wp-content/uploads/2019/04/H4-EAd-Lawsuit-Save_Jobs_USA_v_DHS__dccae-16-05287__208115928.0.pdf”]

 

6 Comments

  1. Lola Mehta on April 19, 2019 at 7:53 AM

    Oh, sweety! They want the case to be dismissed so double jeopardy applies. Then the DHS will go ahead and remove H4EAD and no courts can stop them.

    Here I was thinking Indians are super smart. I guess faking resumes, acing tests by memorising, copying & pasting codes doesn’t amount to intelligence or critical thinking, does it now?

    I know brilliant Indians and their spouses. They don’t have issues like this. Their wives have been able to find jobs on their own standing.

    The rest of you are medicores, who should never have been allowed to step foot on this soil. You have gamed the system, and then think you are superior to everyone else?

    Your skill sets are no better than those who graduate from community colleges. In fact community colleges are waking up to this fact and producing graduates who can do the type of low skilled, project based work you perform.

    Go back and take your pathetic, overbearing, demanding wives with you. We don’t need your mediocrity.

    We will keep the well-bred, naturally intelligent, highly educated Indians here.

    Go back!

    • Jon Snow on April 25, 2019 at 9:53 AM

      who is this racist typical indian minded selfish (like her family can earn and live and the rest can suffer well) type of typical person we see in India.. These people are a shameful class to represent the Indian country base.. True Americans are far better and good hearted than these ultra selfish generation of indians! Shameless people.. what does she mean by “naturally Intelligent”, is she referring to a particular caste in India? Shameless!

    • Gaurang Abudani on May 30, 2019 at 4:32 PM

      Lola, Lola, Lola!
      You are just a racist ignorant white man and not an Indian as per your name suggests. The fact is, all of the H4 spouses are eligible and competent for jobs but, Obama approved EAD only for those h4 holders who have been waiting in the green card line. Only a small percentage of H4 holders are eligible for H4-EAD, not all of them, unlike what other racists lead you to believe.

      You want to change the immigration laws, fine, but you cannot retroactively hurt the people who are already here in the US. You can try, but courts will squash your lawsuits.

  2. Vishal on April 5, 2019 at 4:37 PM

    This is just double game play from DHS because save jobs is questioning DHS authority with their law suit and DHS cannot let that happen. They cannot completely ignore save job USA because of T political base hence if they fail bring up the law suit

  3. Ab on April 2, 2019 at 5:09 PM

    You says its a great news but lawyers claim its bad news. If the case is dismissed, DHS can make its own decision and revoke H4 EAdDsaying only congress can issue work permits not DHS

    • Raghuram Sukumar on April 3, 2019 at 9:53 AM

      Great News – Because, if Save Jobs wins, H4 EAD will be revoked overnight. Now, DHS controls the process, not the Court or Save Jobs. So, we have to keep up with the advocacy.

      We are not out of the woods, but at least, DHS would not be under the pressure to implement this rule with a deadline to respond to the court. Let’s wait for what Court’s Ruling.

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