The Court (US Court of Appeals for the District of Columbia Circuit) accepts Immigration Voice’s motion to intervene in the H4-EAD lawsuit.

This was a major development because the Court of Appeals does not typically allow a party to intervene at the appellate level. It was significant that the court granted our motion to intervene as it indicated the court had concerns (and with good reasons) that our interests would not be adequately represented by DHS/Government.

At this time, the only thing that prevented tens of thousands of legal, tax-paying high-skilled immigrants on dependent visas from losing their basic ability to work and support their families was Immigration Voice’s motion to intervene.

Ten days after the 2016 election, Immigration Voice had shared with our members the news that the incoming Administration was likely to get rid of the H4-EAD regulation. In March 2017, we shared the news of our Motion to Intervene in the H4-EAD lawsuit because we believed that the government and Save Jobs USA were planning to quietly settle the lawsuit – meaning get rid of the H4-EAD regulation.

Due to our timely motion to intervene, DHS could not quietly get rid of the H4-EAD regulation as a settlement of this lawsuit. DHS subsequently published a Notice of Intent to rescind H4-EAD regulation. There was no ambiguity about the intent of the DHS. 

The Court also issued an order removing the case from abeyance, thereby allowing Save Jobs USA to file a new opening brief, and directing the Clerk to set a briefing schedule. Since the court has also granted Immigration Voice the motion to intervene, Immigration Voice was permitted to file a brief in opposition to the new brief that Save Jobs USA would file under the (soon to be issued) briefing schedule.

Given that DHS has already declared its intent to get rid of the H4-EAD program, the court’s acceptance of our motion to intervene gives us a fighting chance to make a representation on behalf of our members for whom H4-EAD is so important. The intervention in the lawsuit was the only thing keeping the H4-EAD program alive, protecting 50,000+ families from losing their right to provide for their families.

Now that we have the ability to file a brief in opposition to the new brief that Save Jobs USA will file, we are confident we will be able to make a representation in the Court that H4-EAD is a fair, just, and lawful program.