This means that most H4 i94 would be having the same expiry date as the EAD expiry.Hence, in this case, there will be no auto H4 EAD extension. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. As per our estimate, only about a small percentage of H4 EADs will get the benefit of auto extension as most file H4 extension and EAD renewal at the same time. 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. A new patchwork has been added. So is it a problem only for new EAD applications? Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. See the timeline and screenshots. means an automatic 540-day extension if you have a valid H4 i94 extension and i765 is pending, H4 i94 has expired but the H4 extension is pending, You have changed status from H4 to some other visa like F1, B1, H4 extension is denied for whatever reason. | 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. Below are the screenshots that indicate the same. DHS has withdrawn the EAD revocation rulemaking process. 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. I dont see anything anywhere. This is a BIG change. For guidance on completing Form I-9 covering automatic extensions and proof of employment authorization for hiring, rehiring, and reverification, as well as all other Form I-9-related guidance, visit I-9 Central. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. *Currently licensed in New York only. The details would be shared once they officially announce it. You can send this new i94 along with the cover letter attached to the RFE response letter. 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. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. No, H4 cannot start working without first getting the EAD card in hand. It is called public law 116 159. L-2 spouses who hold an I-94 that does not indicate their spousal status may need an EAD in order to work, until they receive an I-94 with an L-2 spouse annotation (by doing L-2 extension or a new I-94 issued at the port of entry upon arrival into the U.S.). The process of applying for an H4 EAD can be long and complicated, but there are a few things you can do to speed up the process. L2 visas are provided to L1 visa holders dependant wives and children under 21. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. It is not a priority for Trump Administration. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. So, I used the reply option. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. Premium processing for H4 EAD has not been announced yet. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). On March 30, 2019, the Agencys Senior Policy Council determined it would begin collecting biometrics for H-4 extension applications filed on Form I-539, according to the plaintiffs. 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. The EAD card is valid for a specific period of time and must be renewed every two years. If approved, USCIS sends an approval notice to the applicant. If the H4 visa stamp in the passport has expired, then the CBP officer at the land border may not issue a new H4 i94. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. For a time, U.S. 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. Once OMB approves it. It was with the Office of Management and Budget (OMB) for a long time until February 2022. Could you please comment on this one. 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. People who are stuck in H4 EAD lawsuits will also get relief as the major roadblock in approving H4 and then H4 EAD will be removed. Returning to previous policies by way of the settlement, processing times for H-4, L-2, and EAD applications will be reduced to as little as fifteen days, with premium processing. If you are a renewal applicant and your 180-day automatic extension expired before May 4, 2022, you can still receive the benefit of the temporary increase of the automatic extension period. Currently valid H4 i94. 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). Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. USCIS will post the text for public inspection at least a day before the rule is officially published. 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. what time line we can expect to use premium processing option? 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. 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 latest update on the H4 EAD program is that the US government has decided to automatically grant work visas to the spouses of H1-B visa holders. So if I understand correctly, the automatic 180 day extension will only be valid if one has/had an H4 EAD already and they are waiting on their extension. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. There is no official information available from USCIS yet. 2. It is very important to note a major distinction between this new H-4 EAD continued work authorization rule and the broader pending EAD 180-day work authorization rule from 2017. Any updates on H4 EAD premium processing? You can submit the following documents to your employer while your H4 EAD is pending: The employer should allow you to work if you have a valid unexpired H4 i94. how long it take effective ? Once signed in, they will find their corrected receipt notice. 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). 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. In May, USCIS eliminated the biometrics requirement for some applications, including H-4 and L-2 applications, in response to a declaration in Edakunni, but . Terms of Service We will update this page as soon as we get any concrete information. It means one less step in the application process. Washington, DC OfficeAddress details and contact form. Hello Anil, I couldnt find a way to post a new message here. It may take few months at least. But there may be solutions and options. any updates after the new govt is in power now? H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. The premium processing clock would only commence after the. A U.S. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and 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) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period. However, as outlined above, there are some notable limitations in the new policies. 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). If you are currently in the 180-day auto extension period and your H4 i94 is valid, you will be eligible for extended 540 days. 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. 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. DHS settled one lawsuit (Shergill) in November 2021. Once your application is approved, you will be able to work in the United States for as long as your spouses H1B visa is valid. H-4 EAD holders, for instance, are still limited to an automatic extension only until their existing H-4 I-94 expires, and since H-4 status renewal processing times are also incredibly long. 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 EAD auto-renewal terms do not apply benefit for concurrently-filed H-4 extension and H-4 EAD applications because the H-4 EAD auto renewal terms require an I-94 record which must be either already granted by virtue of H-4 status extension application or by entering the U.S. on H-4 status. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, E-3 Certain Specialty Occupation Professions from Australia, Optional Practical Training Extension for STEM Students (STEM OPT), Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Please comment on this one. +vp F^9}}X6x]6S. While this can be a great opportunity for many people, there are some things to keep in mind before starting a business on H4 EAD. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. For H-4 spouses who have lawful status and merely need to renew their employment authorization, they will now enjoy an automatic extension of their authorization for 180 days after expiration should the agency fail to process their timely-filed applications.. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system.USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. In a legal settlement effective as of November 10, 2021, U.S. A .gov website belongs to an official government organization in the United States. Get all 3 approved in 15 days using premium. 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. There is an automatic H4 EAD extension but only up to H4 i94 validity. As far as we know, there is no news about i485 EAD and AP processing times as they are also taking more than a year at this time. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. 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. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. The L2 and H4 EADs are primarily used by Indians as they are the ones who are stuck in decades-long green card backlogs due to country-based limits. Any new updates on H4, H4 EAD premium processing? DEADLINE APPROACHING!! The processing time for an H4 EAD application is typically around 90 days, but it can vary depending on the workload of the USCIS office that is processing the application. L-2 Spouses Settlement Terms and Changes. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. According to the settlement, USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending H-4 EAD applicants which must (1) have a timely filed renewal and (2) continue to have H-4 status (I-94 card) beyond their current EAD expiration. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. USCIS may also send an RFE to submit this new i94. 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. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. We will also send corrected paper receipt notices by mail. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4.As per our estimate, only about a small percentage of H4 EADs will get the benefit of auto extension as most file H4 extension and EAD renewal at the same time. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. Input your search keywords and press Enter. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. The final regulation in federal register is effective from May 31st, 2022. It is not mentioned in the settlement agreement. Will the premium processing for EAD also include L2 EAD? 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. Any idea when OMB will process this request. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. Biometric screening was one of the main contributors to the delays in processing visa applications. The agencys bad faith insistence on biometrics for H-4 visa holders is telling, especially when DHS is not aware of any risk factors such as fraud, criminal activity, or threats to public safety or national security associated with H4 dependent spouses as a whole that would support imposing [additional burdens].. Under current USCIS policy, L-2 spouses have been eligible to apply for EAD immediately upon being granted L-2 status but employment was not authorized until the EAD card was approved. DHS will change the process and indicate whether an L-2 holder is a spouse (as opposed to an L-2 child) over the coming months. It seems that life for high skilled H1B and their families is not easy. 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. Practice limited to federal immigration law. We do not have the date on when this will be effective. It is set to be $1,750 USD as per regulation. 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. Once implemented by the agency, L-2 spouses will no longer have to apply for work authorization and need an employment authorization document as proof in order to work in the United States, said Jesse Bless, then-director of litigation at the American Immigration Lawyers Association, in a November 2021 interview. Any update when will this be implemented , it is pending since oct 2020. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. We hope that they keep making changes to help immigrants and make the process easier. H-4 extension is a pretext announce our settlement in # Edakunni for H4EAD. 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