Federal Court Refuses to Block H-4 EAD Rule During Pendency of Lawsuit

As previously reported, a lawsuit filed in the U.S. District Court for the District of Columbia, by Save Jobs USA, sought to vacate the H-4 rule allowing spouses of certain H-1B workers to file for and obtain Employment Authorization Documents (EADs). The lawsuit also sought a preliminary injunction attempting to block the H-4 rule from taking effect on May 26, 2015, while the lawsuit is being resolved.

On May 24, 2015, the Court denied the preliminary injunction, reasoning that the Department of Homeland Security (DHS) has a strong interest in moving ahead with a program years in the making and Save Jobs USA had failed to show it would suffer irreparable harm absent preliminary relief. The Court also noted that whether American workers and the U.S. economy are better served with more or fewer foreign workers is a policy question the Court need not answer.

In light of the preliminary injunction denial, the H-4 EAD program will proceed as scheduled on May 26, 2015. USCIS has posted detailed instructions and Q & As on its website.

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