By Shah Peerally, Esq is principal in Shah Peerally Law Group, a pre-eminent immigration law firm with offices in Newark and San Francisco.
The H4 work permit authorization was one of the most daunting fight of my life and the lives of thousands of H4 visa holders. For years, people on H4 visa has been suffering from the past H4 laws. In February 2015, the government announced that as from May 26, 2015, some H4 visa holders will be eligible to file for a work permit.
As such, everybody who have been waiting for years and who have struggled for this law, was ecstatic hoping to be able to obtain a work permit.
Suddenly in April 2015, a group known as Save Jobs USA filed a preliminary injunction lawsuit against the Department of Homeland Security stating that they overstepped their authorities to actually allow the amendment of the H1B laws in order to allow some H4 visa holders to obtain a work authorization.
This news send a chilling effect on many of the H4 visa holders even causing more depression on their already “battered minds.” Fortunately on May 25, 2015, the judge rightfully denied this injunction stating:
“Plaintiff Save Jobs USA (“Save Jobs”) brings this action against the U.S. Department of Homeland Security (“DHS”) for violations of the Administrative Procedures Act (“APA”). Save Jobs alleges that DHS violated the APA when it issued a final rule that will allow certain H-4 visa holders to apply for employment authorization. See Employment Authorization for Certain H-4 Dependent Spouses, 80 Fed. Reg. 10,284 (Feb. 25, 2015) (to be codified at 8 C.F.R. pts. 214.2, 274a) (the “Rule”). Before the court is Save Jobs’ motion for a preliminary injunction. Because Save Jobs has failed to show it will suffer irreparable harm absent preliminary relief, the motion is denied.” READ the Full Decision – Denial of Lawsuit Save Jobs USA v DHS
Since the injunction lawsuit has now been denied, we are welcoming all the H4 visa holders who are eligible for the H4 EAD (Employment Work Authorization) to prepare their right documents to file to file on May 26, 2015.
We encourage all to use the services of professionals to help in the endeavor.
Our law firm has helped passed this great law and we are now helping the H4 visa holders to actually file for their work permit. We wish all of the H4 visa holders the best!