Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. USCIS processes the premium processing request and makes a decision on the application. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . How much time will it take to make it a law? No, not possible at the moment. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. We will update this page as soon as we get any concrete information. Don't worry, we won't send spam! March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. It is not a priority for Trump Administration. Any luck on your side? There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. 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. 1563 0 obj <>stream So youll like to have around 1 year for H4 EAD to be approved. San Francisco, CA OfficeAddress details and contact form. 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. In the past, it was approved in under 90 days. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. What about currently pending l2 EAD extensions? Currently, i485 EAD is eligible for an automatic EAD extension which is logical since USCISs own processing time is almost always more than 6 months at every service center. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. Since the Biden administration took office, they have not acted on implementing this for a long time. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. The H4 EAD is valid for as long as the H1B visa holders status is valid. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). To calculate whether there is any automatic extension time remaining, count 540 days from the expiration date stated on the front of the EAD, or use this calculator. This is great news for H4 EAD applicants! However, most people report that it takes around 3-4 months for the EAD to be processed and approved. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. Could you please comment on this one. 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. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ Dropbox ? The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. This looks like progress. USCIS reviews the application and makes a decision. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. Required fields are marked *. (Source), Your email address will not be published. USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses In a legal settlement effective as of November 10, 2021, U.S. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. Please comment on this one. The below article tracks the latest news updates on the same with the timeline of events, current status. In either case, we suggest filing H4 EAD only after getting a new H4 i94. However, DHS has published a temporary final ruleincreasing the extension period. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. CEAC Website, Errors Info. Currently valid H4 i94. 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. As of now, we do not have the text published for the same. The National Law Review is a free to use, no-log in database of legal and business articles. - "USCIS will interpret 8 CFR 274a.13 (d) such that certain H-4 nonimmigrants who timely file their I-765 EAD [Employment Authorization Document] renewal applications and continue to have. Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. First, make sure you have all the required documents. ALERT:Certain TPS beneficiaries and applicants who electronically filed Form I-765, Application for Employment Authorization, did not receive a receipt notice or their receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. It may take few months at least. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. * For more information on the options available to demonstrate employment authorization for E spouses and L spouses, see E-1 Treaty Traders page (Family of E-1 Treaty Traders and Employees section), E-2 Treaty Investors page (Family of E-2 Treaty Investors and Employees section), E-3 Certain Specialty Occupation Professions from Australia page (Family of E-3 Nonimmigrant Workers section), L-1A Intracompany Transferee Executive or Manager page (Family of L-1 Workers section), or L-1B Intracompany Transferee Specialized Knowledge page (Family of L-1 Workers section). Employment Authorization for Certain H-4 Dependent Spouses Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. This article will guide you through the process and everything about the H4 EAD process. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? any updates after the new govt is in power now? 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. Any new updates on H4, H4 EAD premium processing? The USCIS can now start working on the backlog of cases caused . Get all 3 approved in 15 days using premium. The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. All current applications will keep processing normally. 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. 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). H-4 Spouses Settlement Terms and Changes. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Sign-up to get the latest news and updates. Save my name, email, and website in this browser for the next time I comment. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); But its still good news for us. Thanks. 4. To be eligible for the H4 EAD program, the H-1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H-4 visa. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. 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. 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 was introduced in 2015, and since then, it has been a popular option for H1B families. It was with the Office of Management and Budget (OMB) for a long time until February 2022. L2 visa holders will be able to work without filing any EAD application whatsoever. Categories Eligible for Automatic Extensions. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. Opinions expressed by Forbes Contributors are their own. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? 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. "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. But there may be solutions and options. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. The big unknown is how soon USCIS will. In a legal settlement USCIS has agreed to reinstate its procedure to "bundle" and review concurrently spouses' H-4/EAD and L-2/EAD applications when such applications are filed concurrently with an underlying I-129 petition seeking H-1B (or L-1) for the primary worker. This temporary increase in the auto-extension period will end on Oct 26, 2023. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. This added unnecessary delays and increased processing time by up to 2 years. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. [DjbX[.H@7ZE~}$(R(ppIAq8e Also, pleasesubscribe to our free weekly newsletterto ensure that you obtain this and related immigration-related news and announcements. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. 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. Ahead of H1/H4/H4 EAD expiration date @ blesjm1 @ rnlawgroup # SaveH4EAD https: //t.co/jzdTZXhHE0 it will be able work! 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