It was recently announced that the DHS vs. Save Jobs USA lawsuit will be moving forward. Save Jobs USA is an advocacy organization that consists of U.S. citizen and legal permanent resident IT workers who claim to have lost their employment to H-1B employees. The lawsuit was originally dismissed in September 2016. However, Save Jobs USA filed an appeal to the United States Court of Appeal for the DC Circuit claiming the following: (1) DHS was not authorized to grant EAD’s to H-4 visa holders, and specifically that H-4 EAD holders unfairly increase the applicant pool for jobs in the IT industry; and (2) adequate protection has not been put in place for US workers.
Overall, the H-4 EAD lawsuit will no longer be placed on hold. Additionally, the motion for the case to be expedited has been denied. The ImmigrationVoice Team, a nonprofit organization working to eliminate problems that high-skilled foreign workers in the United States face, was granted permission to intervene to explain their perspective in this. All parties involved in this case are required to file new opening briefs to move this case forward.