Sunday, May 24, 2015

H4 EAD Lawsuit - Will the Preliminary Injunction Succeed?

This article was published by the Center for Immigration Studies. Although the author is of the opinion that the injunction will not go through because of the "irreparable harm, or the lack thereof." He also pointed out that the government did not really respond appropriately.  Since the court has not rendered a decision so far, let us analyze what might be needed for the plaintiff (Save Jobs USA) to win the injunction.  In order to understand the lawsuit, we need to learn a little about injunctions. In most courts in the United States, the party seeking the preliminary injunction must demonstrate all four things together:
  1. That there is a substantial likelihood of success on the merits of the case,
  2. That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
  3. The threat is immediate,
  4. That the balance of harms weighs in favor of the party seeking the preliminary injunction,
  5. There is no other available remedy,
  6. That the grant of an injunction would serve the public interest.
The "balance of harms" refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.

The real question is whether members of Save Jobs USA will actually suffer irreparable damage or injury if some of the H4 visa holders obtain a work permit (EAD).  Well, since Save Jobs USA is a group of mostly engineers, in order for them to actually suffer "irreparable harm" all the H4 Visa holders would have to be engineers.  Since most probably are not, it might be hard to prove that they will be taking their jobs.  As for the other elements, we will leave it to the government to disprove that there is no available remedy and that injunction will actually be serving public interest.

From an economic perspective, we need to remember that we are living in a capitalist society, and competition is normal. If everybody would sue because they feel someone is competing with them, it will be chaos. The same arguments have been used against NAFTA and other trade trade agreements, and have failed.  In fact, such agreements have made the USA stronger. 

The H4 EAD is a drop of water in a big ocean of injustice caused by the delay for many to obtain their permanent residence. It would be unfair and unjustifiable for the judge to decide that this law should be stopped.

We need to let the H4 visa holders have a chance. In fact, having worked with hundreds of H4 visa holders, we have witness their amazing potential and determination.  The truth is that if one third of the H4 EAD holders open a business and employ three employees each, it might actually create more jobs for Americans.   Through the economic multiplier effect, it will also create more wealth.  

Therefore in the spirit of justice and public interest, we have good grounds to fight this injunction and ask the judge that allowing such an injunction will go against all American values.

We pray that the judge will not allow the injunction to go through. Until then, all those who are eligible to file for their EAD under H4 visa, please go ahead and continue your path.  If you need help on your case, feel free to call (510) 742 5887