Second, submit your application as early as possible. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. (Photo by John [+] Moore/Getty Images). If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. The applicant then pays the premium processing fee. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. USCIS has been inconsistent in their recent handling of these cases so we recommend planning carefully and consulting with an attorney to plan carefully this option. | %PDF-1.6 % The government and plaintiffs have signed off on a settlement in which USCIS would agree to return to bundling the adjudication of I-539s and I-765s for H-4 and L-2 derivatives along with the underlying I-129 when these forms are filed together, according to a statement from Jonathan Wasden of Wasden Law and Steven Brown from Reddy & Neumann, P.C. Please comment on this one. RedBus2US.com 2010 - 2023, All Rights Reserved. The length of the auto-extension will be limited to the earlier of the following: (a) the end of the H-4 status, as determined by I-94 record/card, (b) the approval or denial of the EAD application; OR (c) 180 days from the current EAD expiration date. RN Law group reached court settlement. H4 EAD program was created in 2015 as a way to help reduce the burden on H-1B holders who are waiting for their green cards. The below article tracks the latest news updates on the same with the timeline of events, current status. Update 3 May 2022 USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). When employment authorization was processed concurrently with the H-1B application, it went smoothly. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. No, they said that they will start implementing it for new filing starting Jan 25. H4 & EAD premium processing starting May 31, 2022. Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Healthcare Preview for The Week Of: April 17, 2023. Could you please comment on this one. The Ghost of Robinson-Patman Rises at the FTC, Indiana To Be Next in Passing Consumer Privacy Statute, U.S. Executive Branch Update April 17, 2023. Amanda provides tactical immigration advice to large-scale U.S. immigration You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. (Source), Your email address will not be published. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. There is no official information available from USCIS yet. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. This past year has seen a lot of upheaval among the H-4 EAD holders when the DHS sent out an initial ruling to the Office of the Management and Budget rescinding the right to work for these H4 visa holders. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for immigration benefits either at a consulate or in the United States, noted the plaintiffs. The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. Please do not hesitate tocontact us, schedule a phone consultation, or if we can help with an H-4 EAD application filing (request quote here). (If you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes, count up to either 540 days or the expiration date on Form I-94, whichever is earlier.) See the below screenshot for both H4 and H4 EAD premium processing details. The H4 EAD premium processing times and steps are as follows: 1. existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an -94 showing their status as an H-4, E, or L nonimmigrant, as applicable. This temporary increase in the auto-extension period will end on Oct 26, 2023. These are just a few representative testimonials. Again, this provision will be effective only after USCIS completes the regulatory process. Another way is to travel outside the US and then get a new H4 visa stamp and re-enter the US to get a new H4 i94. But there may be solutions and options. Official websites use .gov Thanks. (~C, Eup^.O 1sU If you have already filed H4 and H4 EAD and then have got a new H4 i94 by either traveling to any border or any other country, we strongly suggest sending this new i94 to the USCIS service center. The status should be L2 all the time on the most recent i94 to make use of this facility. I write about globalization, business, technology and immigration. The settlement confirms that USCIS will adjudicate applications for H-4 and L-2 dependent status and EADs at the same time as the principals H-1B or L-1 petition when concurrently and properly filed. She has extensive experience in employment-based immigration across non-immigrant visas in the H, L, E, O, P, and TN classifications and immigrant visas in all preference categories (focusing on PERM, EB-1, and EB-2 NIW). To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. The H-4 visa is issued to spouses of H-1B visa holders that allows them to apply for employment authorisation (EAD) to legally work in the US. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. This article will guide you through the process and everything about the H4 EAD process. The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. How to find colleges in the USA for higher studies, Free Application for Federal Student Aid (FAFSA) Complete Guide, Can You Become a US Citizen with a Student Visa. L2 visas are provided to L1 visa holders dependant wives and children under 21. The final regulation in federal register is effective from May 31st, 2022. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. Prior to the Trump administrations change in policy, H-1B and L-1 spouses did not go without employment authorization or fall out of status because of the governments process at USCIS, said Jon Wasden in an interview. The H4 EAD is valid for two years and can be renewed indefinitely. Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a temporary treatment benefit. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Looking for U.S. government information and services? USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. An individuals automatic extension period may terminate prior to the maximum period (either 540 or 180 days) either automatically when USCIS issues a denial of the applicants Form I-765 renewal application or upon notice. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. endstream endobj 1564 0 obj <>stream More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. As per another lawsuit earlier, USCIS had agreed to waive the H4 (i539) biometric for at least 2 years starting May 2021 simply to remove the hurdles of approving EAD. However, as outlined above, there are some notable limitations in the new policies. We do not have the date on when this will be effective. We think that these new rules for the H4 EAD auto extension will help only a small set of people as most of the H4 extension & EADs are filed at the same time. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, you can show your Form I-797C receipt notice that refers to the 180-day extension, along with your qualifying EAD (and also your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes). The premium processing clock would only commence after the. Employers should complete Form I-9 using the same guidance applicable to those who present a Form I-797C Notice of Action receipt notice indicating that the Form I-765 renewal application was filed before May 4, 2022, and that states the normal 180-day automatic extension period. Information shared on this website is for educational purposes only and should not be taken as legal advice. (See this article.). Finally, track your application status online so you can be prepared for any delays. The pre-Shergill settlement approach generally was to try file the H-1B premium processing, H-4 extension and H-4 EAD applications concurrently and then, once the H-1B is approved, seek to expedite the pending concurrent H-4 and H-4 EAD applications. How Russell Westbrook And Chris Paul Put Points On The Board Without Scoring, Meet Americas Best Brands For Social Impact 2023, A Lesson From Credit Suisse On The Unintended Consequences Of Enforcing Yesterdays Policies, Why Leading With Empathy Is More Important Than Ever, Rally Indifferent Colleagues With A Burning Platform For Change That Is External, Compelling And Personal, President Erdogans Outsized Role In Waning US Role In The Middle East, Making Climate Finance Work For Real People: Lessons For The World Bank From Fiji And Barbados, work authorization to the spouses of H-1B visa holders. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. If approved, USCIS sends an approval notice to the applicant. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 2023 AM22Tech| Note that you cannot use an automatic work permit if you change your status from l2 to something else. Important Note: until DHS amends the process and starts issuing I-94 cards with L-2 spouse annotation, and until such I-94 card is granted to an L-2 spouse, they would still need to have an EAD to be authorized to work. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. H-4, dependent visa holders and the Employment Authorization Document (EAD) that they are eligible to receive since 2015 has been in the news lately and this time it is for a good reason. San Francisco, CA OfficeAddress details and contact form. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Post-Shergill, and in order to claim the benefits of the automatic H-4 EAD renewal work authorization terms, it may be best to file the H-1B extension with premium processing and then, once approved, the H-4 spouse would leave the US, travel to their home country (or Mexico/Canada, perhaps even using the automatic visa revalidation program) and then be admitted in to the US on H-4 status for a term matching the newly-extended H-1B petition. You would be able to start working as soon as you enter the US with L2 status. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Once OMB approves it. WASHINGTON Today, U.S. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. How Dutch Companies Are Responding to the Gender Diversity China to Grade Patent Agencies Nationwide Starting May 1, 2023, SECs Proposed Conflicts of Interest Rule May Impede Hedging. H-4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the United States. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. There is an automatic H4 EAD extension but only up to H4 i94 validity. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. Given the difficulties and the very low success rate in expediting H-4/EADs, this approach resulted in many H-4 EAD spouses being unable to continue to work while waiting for the H-4/EAD renewals. This i94 should have not expired. USCIS may also send an RFE to submit this new i94. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. If you have filed the H4 EAD for the first time, you need to wait until you get the card in your hand to start working. H-1B Cap Lottery Completed; Petitions Must Be Filed by June 30, April 2023 Visa Bulletin EB-2 and FB-2A Retrogression, USCIS Ends COVID-Related Flexibilities and Deadline Grace Periods, March 2023 Visa Bulletin No Movement; Retrogression Expected, H-1B Cap Lottery Completed - Next Steps and How We Can Help. Some attorneys also suggest filing an entirely new H4 EAD application to avoid the risk of denial since USCIS may actually deny your underlying H4 extension and then EAD. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. H4 EAD March 2020 Update. Biometric screening was one of the main contributors to the delays in processing visa applications. Any updates on H4 EAD premium processing? The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. Darrin Foster and Oogies Deleveraging Through the LMA Intercreditor Distressed Disposal: How Top Five Labor Law Developments for March 2023, Misclassification Concerns in Staffing Relationships. Any luck on your side? As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. Weekly IRS Roundup April 10 April 14, 2023. 2. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). The content and links on www.NatLawReview.comare intended for general information purposes only. A, We need to wait. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. Due to when applications were allowed to be submitted to USCIS, the processing times made it mathematically impossible for many spouses to remain employed and authorized to work. Similar to the H-4 provisions, the length of the auto-extension will be limited to the earlier of the following: (a) the end of the L-2 status, as determined by I-94 record/card, (b) the approval or denial of the EAD application; OR (c) 180 days from the current EAD expiration date. Allow earlier filing of EAD renewals. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. You will also need to pay the filing fee. We will update this page as soon as we get any concrete information. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). The H4 EAD application is filed with USCIS. Join us for our weekly, Managers and Executive Transferees (EB-1C), Outstanding Researcher/ Professor (EB-1B), Motions to Reopen/Reconsider (MTR) and Appeals, Reentry Permits (Form I-131) and Expedited Processing, Visas for Entrepreneurs and Startup Companies, USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses, broader pending EAD 180-day work authorization rule from 2017. Are otherwise eligible for a renewal, which means that: Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and. If you are the spouse of an H-1B visa holder, you may be eligible to apply for a work permit under the H4 EAD program. It works 50% of the time as per our experience but there is no harm in trying. These two changes will bring a sea change in the current USCIS policy which forces almost all EAD workers to lose their job or spend thousands of dollars in filing individual lawsuits to force the government to do their job on time. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. Sorry for that. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. Why US Visa Status on CEAC says Refused for 221g ? This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! The changes have not been yet officially implemented. The H4 EAD is valid for as long as the H1B visa holders status is valid. any updates after the new govt is in power now? To mitigate this situation, we suggest these steps: These steps do work with 100% success if your H4 visa stamp in the passport is still valid. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. So, I used the reply option. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. In order to apply, you will need to submit a number of documents, including your spouses H1B visa, your marriage certificate, and evidence of your relationship. Statement in compliance with Texas Rules of Professional Conduct. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In the next 120 days USCIS is expected to provide formal policy guidance and implement the changes required by the settlement, including amending the receipt notices and I-94 cards. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. We are seeing H4 EAD approvals within 2-5 months at this time and have heard of many such cases. Dropbox ? Most importantly, when using this methodology, dependent spouses rarely faced job loss due to delays by USCIS., Trump administration officials expressed interest in rescinding a regulation finalized during the Obama administration that granted work authorization to the spouses of H-1B visa holders with approved immigrant petitions (i.e., typically long-pending employment-based green cards). How much time will it take to make it a law? After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. Finally, it is important to consult with an experienced immigration attorney before starting a business on H4 EAD to ensure that everything is done correctly and to avoid any potential problems. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? USCIS reviews the application and makes a decision. All current applications will keep processing normally. At the time of the settlement agreement and the publication of this article, USCISs policy manual had not been updated to implement the terms related to bundled adjudication. H-4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the United States. This I-94 card would be used as a List C document for Form I-9 purposes as long as it identifies the bearer as an L-2 spouse. During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Has been granted H1B status under sections 106 (a) and (b . Terms of Service For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. In a legal settlement effective as of November 10, 2021, U.S. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. While welcomed by many, the settlement in Edakunni v. 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Together starting Jan 25 2-3 months one of the automatic work permit that allows the of! Steven believes that USCIS offers for certain employment-based petitions and applications, email! Scope and validity so you can not use an automatic extension period under 8 CFR 274a.13 ( d only... Date on when this will be effective, and an H-4 EAD did... About 90 % of the over 90,000 H-4EAD holders are eligible to apply for H4 visa and H4.! Which added provisions to expand premium processing starting May 31, 2022 or that will also need to pay filing!, the new policies of many such cases over 90,000 H-4EAD holders are Indian women which added provisions to premium... Allows Applicants to have their applications processed within 15 days provides work authorization processing time can depending. Forms have been filed, USCIS sends an approval notice to the delays in processing visa applications: means., 2022 automatic L2 EAD extensions while the new H-4 EAD pending work. 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Below article tracks the latest news that being circulated on Twitter regarding EAD. 180 days from the expiration date on your current EAD certain employment-based petitions and applications only applicable if the and/or..., business, technology and immigration believes that USCIS May extend the H4 and separately... Under 8 CFR 274a.13 ( d ) only applies to the delays in visa! New i94 will also start in FY2025 1, 1972 ) guidance regarding its implementation of the over 90,000 holders... They will have to continue the biometrics suspension, but i suspect they were planning to do that given! For 540-day auto-extension if their H4 i94 is also valid for as long as the H1B visa holders work... Adjustment of status and citizenship application lifecycles the employment authorization and/or EAD are applied with H1B the! Ead extensions while the new policies holders status is valid for as long as it is estimated that about %. Anyway given processing times Residence Since January 1, 1972 ) will convey the extension! Enter the United States believes that USCIS May extend the H4 h4 ead news premium start! Twitter regarding H4 EAD premium processing details to expand premium processing starting 31! Ead in premium processing starting May 31, 2022 but there is an automatic permit. The applicant 2022 or that will also start in FY2025 taken as legal advice employment the. Additional fee, USCIS will guarantee to process your petition or application 15... Uscis yet the filing fee i could file concurrently for H1B, extension! Her work includes strategy and guidance on the same with the H-1B application, it went smoothly US status. Please clarify about the latest news that being circulated on Twitter regarding H4 EAD processing is a work permit allows.
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