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h4 ead case @ supreme court


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Posted

Uncles

H4 EAD ela vachhina EO tho teeseyocchu.

This alone will cool down tatha supporters and H1 meeda attention taggutundi..

Else H1 ki bokka padithe EAD eeda migultundi

 

Posted
41 minutes ago, fasak_vachadu said:

ledu anna Eo dawara vachindi .... bama uncle kukka biscuit vesadu ....

 

ippudu desi lawyers will start chanda collecting money 

See this vuncle...I know this, read through initial rule for comments, read through comments also before publishing final rule. H4EAD has passed legal framework. anduke 10 years ayina evadu em peekalekapoyaru. Same time obama issue chesina DAPA next month lo court stuck down. Unless the current administration initiate the repeal process through rule-making (OIRA), it ain't going anywhere.

+_(

 

44 minutes ago, BacklogBadham said:

H4 EAD or OPT extention or DACA was not EO lu. EO lepadam chala easy but not rule masking. All please just get your facts right. Just for education purpose only 😜 New ga vache H1B wage based kuda rule making not done random EO same with lottery system. Hope all understand the difference 

The H4 EAD (Employment Authorization Document) was established through rule making, not an executive order. Here are the key details:

Rule Making Process

The H4 EAD program was created through the formal federal regulatory process:

  • May 12, 2014: DHS proposed the rule and opened it for public comments

  • February 25, 2015: DHS finalized the rule after reviewing comments and making minor revisions

  • May 26, 2015: The final rule became effective, allowing eligible H4 spouses to apply for work authorization

Legal Framework

The rule was published as a final regulation by the Department of Homeland Security (DHS) under the Immigration and Nationality Act. This regulation extended eligibility for employment authorization to certain H4 dependent spouses of H1B nonimmigrants who are seeking employment-based lawful permanent resident status.

Not an Executive Order

While some sources mention that H4 EAD, like DACA, was "created through executive action" and is therefore vulnerable to elimination through new executive orders, this appears to reference the Obama administration's broader immigration policy approach rather than the specific legal mechanism. The H4 EAD was actually established through the standard federal rulemaking process, which includes:

  • Public notice and comment periods

  • Review by the Office of Management and Budget (OMB)

  • Publication in the Federal Register

  • Administrative procedures compliance

This distinction is important because regulations created through formal rulemaking typically require the same process to be modified or rescinded, whereas executive orders can be more easily changed by subsequent administrations.

 

  • Like 1
Posted
4 hours ago, akkum_bakkum said:

Nenentha cheppina vina baapathi kaadule gaani nuvvu…same time lo obama did DAPA thru executive order and it was stuck down in courts as executive overreach but this h4ead was not…so no court was able to stuck it down since its inception. Neeku topic tho sambandham ledu, chatgpt stuff vaadi ruddutha vuntav endukee kathalu…u’ll see what happens. Granting ead’s is under presidential executive authority, thy dont need congressional law making. Thats how TPS and daca were granted for many years and still continue.

"No court" kadhamma, only district court Columbia (single judge), DC Circuit.  Neeku direct links isthe ChatGpt antav, lol. Sare, ee digression pakkana pedthah. District court judgement ki basis kindha teesukunnadhi mundhu OPT grant chese program Washington tech workers case ni. Supreme Court idhi as it is ga teesukovachu, teesukokapovachu. Pesident ki Congressional approval lekunda ivvaledhu Anedhi point. Tech bros argument is NOT  about rule making.

Posted
24 minutes ago, pichhipullayya said:

Uncles

H4 EAD ela vachhina EO tho teeseyocchu.

This alone will cool down tatha supporters and H1 meeda attention taggutundi..

Else H1 ki bokka padithe EAD eeda migultundi

 

Tatah is siding with EAD. Andhuke kadha tech bros going to courts. 

Posted
55 minutes ago, mettastar said:

DHS implemented it through rule making process, which involves collecting feedback from public..  18months process anukunta .. rule finalize ayye time lo obama gadu along with DACA idi kuda announce chesadu .. but this went through proper rule making process. You can search

Rule making itself is a consequential action of EO. So what triggered EAD ante it's through presidential  EO. 

Posted
1 hour ago, BacklogBadham said:

Bro adhi EO kadhu Federal rule making. Chala misunderstanding undi andariki e programs lo 

Asalu story cheptha vinu what happened anedhi. 

Gang of of 8 ani senators oka immigration reform bill pass chesaru but unfortunately House lo Republican speaker didn't bring it for the vote lekunte pass ayyedhi be cause it was passed in the senate after many negotiations. So chesedhi emi leka Obama DACA ni save cheyyadaniki EO kakunda broader immigration executive actions ani means EO echadu proper plan cheyyandi ani means EO lo cheppadu rule making cheyyamanu DHS ki anthe kani pen tho EO meedha sign cheyyaledhu DACA and H4 EAD echeyandi ani. Ala ayyunte eppudo H4 EAD or DACA lechi poyevi. Obama is not dhadhamma he knew some republican will strike down ani so proper rule making chepunchadu DHS tho. Dhaniki process Google lo chudu. Eppudu manam chusthunna H1B lottery changes kuda rule making ne. Chala difference untundhi bro rule making ki EO. EO no you can strike off right away but rule making you can't dhaniki you should bring another rule making changes like now H1B wage level from lottery. Hope all understood e issue ni 😊

This means DHS rule make cheyyadaniki basis EO. EO itself enabled the EAD. Without EO there would have been no rule making to start with. 

District court Columbia,and DC circuit Court rendu kooda Washtech (OPT ki against) case ni basis teesukunnayi. They're tied to that precedent. SCOTUS adhe precedent teesukokapovachu kooda. Anni sarlu big pocliy decisions agencies Congressional approval lekunda cheyyalevu. EPA vs West Virginia case (2022) lo SCOTUS EPA powers ni scissoring chesindhi, Congress authority grant seyyakunda meeru electricity generation (higher to lowe emitting sources) ni Ela push cheatharani. Not saying, idhe basis ga tesukuntanrani. Just chepthunna.

Posted
3 hours ago, CanadianMalodu said:

Tech bros point vere. Vallu supreme Court ni Asalu DHS ki aliens ki work authorization iche power Ela undhi ani asking. SCOTUS (behind judges lobbying, vallu H4 EAD ki pro ga undadam pakkana pedithe), vallaki power ledhu ani cheppindhi anuko (hypothetically) appudu H4 EAD outright collapse. 

Look at our great nation which gave wp yo anyone last year one simple rule tho even if your spouse has tech job you will not get wp ani cheppindi same here economic benefits ani chupiste set

Posted

supreme court vallu theskkovali kada case.  dont think they will consider it.

Posted
14 minutes ago, Variety_Pullayya said:

supreme court vallu theskkovali kada case.  dont think they will consider it.

Teeskokundane intha disco na 😂

Posted
4 hours ago, perugu_vada said:

Ivi emi antha fast ga implement avvavu .. but definite ga processing aithe delay chestaru .. 

will h4-ead be gone ah ante .. yes it will be .. not in immediate future like in next 1-2months .. but it takes about 2-yrs

Uncle no one can scratch H4 EAD

Posted

No Need of Tatha here...

Its as simple  as the WISH of USICS, if they like to do..THEY CAN WITH DRAW H4EAD just in a day...

Posted
18 minutes ago, Undiporade said:

No Need of Tatha here...

Its as simple  as the WISH of USICS, if they like to do..THEY CAN WITH DRAW H4EAD just in a day...

Why will DHS/USCIS will withdraw it , while Ob0z0 EO stays still valid?

Tatah can overturn in a new EO, problem solved. But Tatah chose to stand with US tech lobbies, so US tech bros chose to fight it out in courts. 

Posted
22 hours ago, pichhipullayya said:

Uncles

H4 EAD ela vachhina EO tho teeseyocchu.

This alone will cool down tatha supporters and H1 meeda attention taggutundi..

Else H1 ki bokka padithe EAD eeda migultundi

 

Lol no. H1 meeda full crying undi..... H4 lepithe OPT/cpt tho nimputharu mana desi managers.... nothing changes.  H1 is the primary target - so extensions, new H1 ki kasta pedutharu. 

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