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H$ EAD Injunction Denied


06/12/2015

H4 EAD Injuction Denied!1

The Honourable Judge Tanya Chutkan of the United States District Court for the District Court of Columbia denied plaintiff’s, Save Jobs USA, the motion for preliminary injunction against H-4 EAD rule.

So of course, the USCIS is thus relieved and can wipe the sweat of their brows from such a challenge. The reference of the case is Civil Action No 15-cv-615 (TSC) and the Defendant is the US Department of Homeland Security.

So, what does all this mean for H4 EAD? Okay, here we go …

Basically, this bunch of guys from Save Jobs USA brought an action against the USCIS saying that they violated the APA when it issued it as a final rule that will allow certain H-4 visa holders to apply for employment authorization. They have been denied for the simple fact that they failed to show they suffered irreparable harm and we are not getting too deep with the legal lingo here. So, that’s it in a nutshell.

Save Jobs USA is an organisation whose members are former IT workers at Southern California Edison (“SCE”), surprise, surprise? The Save Jobs guys and gal, allegedly lost all their jobs and were replaced by other foreign workers authorised to work in the USA under the H-1B guest worker program? So, they are alleging that its members will face even more competition from foreign workers as a result of the Rule.

Conclusion: H4 EAD Injuction Denied

The conclusion remains and foregoing reasons, Save Jobs’ Motion for a Preliminary Injunction has been denied!1 The motion was denied by Judge Tanya S Chutkan on the 24th May 2015.

-h1bwiki