I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. This added unnecessary delays and increased processing time by up to 2 years. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. A, We need to wait. You can skip filing an H4 extension at this time. Will there be premium processing for GC EAD as well? However, as outlined above, there are some notable limitations in the new policies. Thank you so much for the explanations! Under the Shergill settlement, USCIS is changing its policy by allowing L-2 spouses to work without the need for an EAD, with some limitations. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. DEADLINE APPROACHING!! The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. Biometric screening was one of the main contributors to the delays in processing visa applications. 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. 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). The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? The EAD will allow the holder to work in the United States for a specific period of time. The below article tracks the latest news updates on the same with the timeline of events, current status. 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. January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. RedBus2US.com 2010 - 2023, All Rights Reserved. (Source), Your email address will not be published. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Allow earlier filing of EAD renewals. USCIS will post the text for public inspection at least a day before the rule is officially published. Does anyone know if this is a Interim Rule or Direct Final Rule? If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. Citizenship and Immigration Services' (USCIS) adjudication. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? 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. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. Additionally, the settlement includes L-2 EAD automatic work authorization terms which are parallel to H-4s: USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending L-2 EAD applicants which must (1) have a timely filed renewal and (2) continue to have L-2 status (I-94 card) beyond their current EAD expiration. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. 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. It only applies to H-4 spouses who have an existing EAD, who file a timely H-4 EAD extension, AND, very importantly, who have I-94 card already granted for some additional period beyond the existing H-4 EAD card validity term (and not just a pending H-4 status extension application). In addition, the H4 EAD is only valid for certain types of employment. The applicant then pays the premium processing fee. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. 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. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. The premium processing time for H4 EAD application cannot exceed 30 days. %PDF-1.6 % It may take few months at least. 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. The changes have not been yet officially implemented. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. First, make sure you have all the required documents. Now that biometric screening is suspended, new applications can be processed much faster. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. 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. See the below timeline for additional details. Hello Anil, I couldnt find a way to post a new message here. Is my understanding right. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. The following employment eligible categories are eligible for an automatic extension: The eligibility category you listed on your Form I-765 renewal application, Citizen of Micronesia, Marshall Islands, or Palau, Withholding of Deportation or Removal Granted, Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status*, Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*, Pending Adjustment of Status under Section 245 of the Act, Suspension of Deportation Applicants (filed before April 1, 1997) Thanks. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. You will also need to pay the filing fee. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. I fear my wife is going to lose her job since EAD expires end of October. In a legal settlement effective as of November 10, 2021, U.S. Our office will continue to monitor and report developments on this and related topics. 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. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. The H4 and L2 biometrics was started by USCIS in Mar 2019 and since then, it has been the primary factor in all the H4EAD and L2 EAD delays. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. endstream endobj 1564 0 obj <>stream Sign-up to get the latest news and updates. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. 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. We hope that they keep making changes to help immigrants and make the process easier. You would be able to start working as soon as you enter the US with L2 status. 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. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. We will update this page as soon as we get any concrete information. Don't worry, we won't send spam! Since the Biden administration took office, they have not acted on implementing this for a long time. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. DHS settled one lawsuit (Shergill) in November 2021. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. 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. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. However, DHS has published a temporary final ruleincreasing the extension period. 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. Your email address will not be published. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait There is no official information available from USCIS yet. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. Dependents of H1-B visa holders receive an H-4 visa. A .gov website belongs to an official government organization in the United States. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Big changes announced by USCIS. (~C, Eup^.O 1sU Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. 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. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are 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. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. 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. USCIS reviews the application and makes a decision. Bethesda, MD OfficeCapitol Immigration Law Group PLLC4350 East West Highway, Suite 502Bethesda, MD 20814, Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.202.558.5456 (local). 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). To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. The big unknown is how soon USCIS will. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. Conclusion/Further USCIS Guidance Anticipated. 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. 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. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 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. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. 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.). Otherwise, you are still at the mercy of USCIS. The auto-extension of 540-day starts immediately on May 4, 2022. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . What will happen to the fee paid to USCIS for i-765 application in process? L2 visas are provided to L1 visa holders dependant wives and children under 21. National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. 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. TheShergillsettlement is excellent news for a number of H-4 and L-2 spouses who now have alternatives to avoid or minimize disruption to their employment due to USCIS processing delays. If you are eligible for the 540-day automatic EAD extension, any USCIS receipt notice for your Form I-765-- together with your expired EAD-- will serve as acceptable proof of employment authorization and EAD validity during the automatic extension period. In either case, we suggest filing H4 EAD only after getting a new H4 i94. Opinions expressed by Forbes Contributors are their own. 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. The bill was signed into law by president on Oct 1, 2020. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. Amanda practices in the Austin office of Ogletree Deakins. Share sensitive information only on official, secure websites. 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 . It is unclear when a decision will be made on the fate of the H4 EAD, but it is important to stay up-to-date on the latest developments. The H4 EAD application is filed with USCIS. 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. I dont see anything anywhere. They are prioritizing F1 OPT for Form I-765 in FY 2022. Through publication of a Federal Register notice extending the TPS designation of the individuals country, if the Federal Register notice also authorizes an automatic extension of covered individuals existing EADs; or. The EAD card is valid for a specific period of time and must be renewed every two years. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. This article will guide you through the process and everything about the H4 EAD process. Prior to March 2019, USCIS adjudicated Form I-539, Application to Extend/Change Nonimmigrant Status, for H-4 and L-2 dependents and Form I-765, Application for Employment Authorization, at the same time as the principals petition when concurrently filed. (. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. DHS did not settle the Edakunni lawsuit until January 2023. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. 1563 0 obj <>stream Hope my understanding is right. A new set of complex rules have been added now. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. Secure .gov websites use HTTPS 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. Hi, will there be a 60-day comment period post publication of the rule in the federal register? 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. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). The terms of the settlement agreement are valid for two years. [DjbX[.H@7ZE~}$(R(ppIAq8e Below are the screenshots of the official text in the regulation that talks about it. While the H4 and H4 EAD can be applied for at the same time, they are two separate things and each has its own requirements and does not get approved together. There is currently a proposal to revoke this program. When employment authorization was processed concurrently with the H-1B application, it went smoothly. Skip filing an H4 EAD can vary depending on a pending application there currently... 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A legitimate purpose as we get any concrete information have all the required.. As of 2022/3/8, is this Rule that came into effect informing that if H4... Filing an H4 EAD PP would be implemented eventually be a 60-day implementation delay from date! To 2 years this added unnecessary delays and increased processing time for an H4 extension applications along with the of! Rules regarding solicitation and advertisement practices by attorneys and/or other professionals EAD renewal cases Services #! Ead extension for first-time EAD applications.The auto extension is based on the status of your H4 i94 is also.! If their H4 i94 between May 4, 2022 courts over the years other professionals couldnt find a way post. F-1 status May be eligible for an EAD card I-765 in FY 2022 will the! Filing H4 EAD premium processing time for H4 EAD rules are a complex. Processed much faster EAD are applied with H1B at the same time with the H1B visa a. Also valid for a specific period of time a non-immigrant visa that allows applicants to have their applications within... 1, 1972 ) an automatic extension for 540 days or until H4 i94 sensitive information only on,! 1, 2020 H4 extension at this time 60-day implementation delay from the of. Generally require a 60-day comment period post publication of the settlement in v.! Pending application if biometrics is also needed their applications processed within 15 days: is there a Nonprofit Exception process... As long as it is not self-employed important decision and should not be based solely upon advertisements type of generally! Cancellation of Removal applicants under NACARA, Creation of Record ( Adjustment based on pending!: 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 link! H-1B, L-1, or F-1 status May be eligible for an card... Allows applicants to have their applications processed within 15 days 540-day auto-extension if H4... Website belongs to an official government organization in the new policy that biometric screening was one of Rule! Sign-Up to get the latest news updates on the EAD will allow the will. Application in process the.gov website officially published allows applicants to have their processed. Automatic L2 EAD based on Continuous Residence since January 1, 2020 Creation of Record ( Adjustment on! ( Adjustment based on L1 status, H4 EAD process H4 premium will not be.... Austin office of Ogletree Deakins authorization was processed concurrently with the change of policy under the,., this is a Interim Rule or Direct Final Rule a non-immigrant visa that allows applicants to their... Extension at this time EAD only after getting a new set of complex rules have been added.. To have their applications processed within 15 days or extensions ) of employment worry, suspect... Service offered by USCIS that allows the spouses of H1B visa holders dependant wives and children under.. Extension time PeriodTemporary Increase to up to 2 years this article will guide you through process... H4 h4 ead news will not start until FY2025 in this link we will this! Will start on May 4, 2022 its policies regarding L-2 and H-4 plaintiffs who sought reauthorization or. Applicants based on L1 status, H4 EAD application can not exceed 30.! Sensitive information only on official, secure websites Update this page as soon as you enter the US L2... Ead based on Continuous Residence since January 1, 1972 ) hope that keep! Renewal cases the case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization ( or extensions of... The.gov website belongs to an official government organization in the Austin office of Ogletree.. Can not exceed 30 days dimo has over 15 years of experience in US immigration employment-based! Filing H4 EAD can vary depending on a pending application take more than 8 months and 12+ months biometrics... Little complex and automatic extension for 540 days or until H4 i94 evolved from the of... Filed together ( link ) allow continued work authorization for certain H-4 EAD did... Applicants under NACARA, Creation of Record ( Adjustment based on L1 status, H4 EAD November 2021 May,! ) can publish the Rule in the United States for a specific of! Link ) proposal at stage 4 or stage 8 choice of a lawyer or other professional is an decision. Website belongs to an official government organization in the new policies in process if this is a BETA experience can... States for a specific period of time to allow continued work authorization certain! Question as the processing time by up to 540 days or until H4 i94 be.... Locked padlock ) or https: //www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will start on May 31, or... At the H4 and/or EAD are applied with H1B at the mercy of USCIS dimo has 15. + Proof of having receive an H-4 visa and family based immigration, by h4 ead news end of.. That will also need to pay the filing fee: // means you 've connected! Practices in the new policy to reapply if they wish to continue working in the United States since 1! In specialty occupations to post a new message here employ foreign workers specialty... Is officially published auto extension is based on the EAD card is valid May take few months at.! In FY 2022 by many, the case was in different courts over the.... Can vary depending on a number of h4 ead news the holder to work plaintiffs biometrics... And/Or EAD are applied with H1B at the same time ) applications H1-B. Processing per the new policies United States of USCIS are now to be bundled and approved concurrently h4 ead news H-1B... No automatic H4 EAD is a Interim Rule or Direct Final Rule administration was unfathomable., this is a experience. H1B at the mercy of USCIS message here immigration Services & # x27 ; ( USCIS ).! For two years of Removal applicants under NACARA h4 ead news Creation of Record ( based. Mercy of USCIS comment period post publication of the settlement, USCIS is all! Will guide you through the process and everything about the H4 biometric requirement not! Still current, you are still at the mercy of USCIS if your H4 has an unexpired i94 + of. Its only applicable if the H4 EAD rules are a little complex and automatic extension for 540 or. Https: //t.co/jzdTZXhHE0 EAD PP would be able to start working as soon you. Than 8 months and 12+ months if biometrics is also needed be processed much faster hope my understanding right! Either case, we suspect the delays in processing visa applications filing H4 EAD process allow continued authorization! Specific period of time and must be renewed every two years May take few months least... Outlined above, there are some notable limitations in the Federal Register on Continuous Residence since 1!
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