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The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. Looking for U.S. government information and services? However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. Your email address will not be published. 65 Acrylamide Suit Under Revised Warning. H-4 visa extensions submitted on Form I-539 eventually took up to two years to process in the California Service Center, compared to a previous average of fewer than four months at USCIS service centers. USCIS processes the premium processing request and makes a decision on the application. It is not a priority for Trump Administration. K 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. Otherwise, you are still at the mercy of USCIS. 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. We will also send corrected paper receipt notices by mail. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. See the below screenshot for both H4 and H4 EAD premium processing details. The auto-extension of 540-day starts immediately on May 4, 2022. Terms of Service AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. | Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. 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 . San Francisco, CA OfficeAddress details and contact form. It is not mentioned in the settlement agreement. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. 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. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. OMB review is the last step in the rulemaking process before U.S. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Automatic Employment Authorization Document (EAD) Extension. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 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. hMO0oW NEA*]%Y}X 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. USCIS may also send an RFE to submit this new i94. On or before the week of March 13, we will send these applicants an email and/or text notification instructing them to sign into their USCIS online account and obtain a corrected, printable receipt notice. 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. The premium processing time for H4 EAD application cannot exceed 30 days. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. 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. Good News for Illinois Employers: Illinois Supreme Court holds that HHS Seeks to Strengthen Protections of Reproductive Health Multistate Monday: Marijuana ComplianceDont Blow It [PODCAST], Preserve Your Claims by Preserving the Evidence. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. You will also need to pay a filing fee. If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 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. This is a BIG change. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). The Biden administration announced that it will not strike the H-4 EAD (Employment Authorization Document) rule, which allows spouses of H-1B visa holders to work in the United States if they meet cer 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. H4 visa holders are not eligible to work in the US, but they may be eligible for an H4 EAD, which allows them to work in the US. We now wait for DHS. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. https://public-inspection.federalregister.gov/2022-06742.pdf?fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, There is some update, looks like meeting is scheduled for 02/09/2022 for implementation of this bill. 5. USCIS had a sensible policy of processing EAD applications within 90 days of filing before the Trump admin changed the policy in 2019 which led to widespread job losses even in COVID. 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). Thanks. The H4 EAD case lies with the OBM now for final review. All current applications will keep processing normally. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. 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 article will guide you through the process and everything about the H4 EAD process. 3. 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. Send it to the USCIS service center where your H4 EAD application is currently pending. There is no concrete date given yet. H4 EAD PP is not being implemented in near future. Effective May 4, 2022, DHS is temporarily increasingthe extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Effective January 25, 2023, H-4, and L-2 dependents who properly file Form I-539 and Form I-765, as applicable, with the principals Form I-129 will be adjudicated together. 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. So is it a problem only for new EAD applications? H4 & EAD premium processing starting May 31, 2022. Official websites use .gov The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. endstream endobj 1565 0 obj <>stream Amanda practices in the Austin office of Ogletree Deakins. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. This temporary increase in the auto-extension period will end on Oct 26, 2023. 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. What is the current processing time of application filed in vermont SVC ? The settlement was specifically to return to concurrent adjudication when filed together. The H4 EAD is valid for as long as the H1B visa holders status is valid. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. 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. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. The plaintiffs in Kolluri v. USCIS charged the new policy to supply biometrics was designed purposefully to cause many spouses of H-1B visa holders to lose their work authorization. For a time, U.S. The applicant then pays the premium processing fee. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. Below is the summary : USCIS H4 Premium Processing The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750 The text of the rule is not yet available. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). Hi, will there be a 60-day comment period post publication of the rule in the federal register? The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. See the below timeline for additional details. 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. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. 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. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. Wednesday, June 2, 2021. It is your choice to file a new one or just interfile the i94 based on your comfort level. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Provides that the automatic extension of the EAD will continue until the earlier of: the end date 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. In the past, it was approved in under 90 days. The USCIS can now start working on the backlog of cases caused . If you have already exhausted 180 days of auto-extension and H4 EAD is still pending but you have longer H4 i94, you can resume working from May 4, 2022, as you will get an auto extension up to 540 days. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. The H4 EAD is valid for two years and can be renewed indefinitely. You will be forced to spend money on travel to get H4 visa stamps to get new i94s to get this 540-day auto extension. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. This added unnecessary delays and increased processing time by up to 2 years. Save my name, email, and website in this browser for the next time I comment. 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. 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. Applicants who have concurrent pending H-4 and H-4 EAD applications may still take advantage of this approach although at this time it is unclear what would USCIS do with respect to the pending H-4 status and concurrent H-4 EAD applications if the applicant departs the U.S. while the I-539 application is pending. Dependents of H1-B visa holders receive an H-4 visa. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. Please note that 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. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. Required fields are marked *. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. What does that mean? The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. USCIS reviews the application and makes a decision. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. But, implementation of the same is going to be by FY 2025. This is great news for H4 EAD applicants! The time of extension will be based on the rules mentioned above. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. 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. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. If premium processing were used, adjudications would take place within 15 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. 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. H-4 Spouses Settlement Terms and Changes. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. If you file separately, then this rule wont apply. 1563 0 obj <>stream 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. Secure .gov websites use HTTPS DHS has withdrawn the EAD revocation rulemaking process. Once USCIS restarts the H4 biometric, you will be back at square one. Can you work in the US with an F1 Student Visa? However, DHS has published a temporary final ruleincreasing the extension period. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. The H4 EAD premium processing times and steps are as follows: 1. So youll like to have around 1 year for H4 EAD to be approved. 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 H4 EAD application is filed with USCIS. 2023 AM22Tech| US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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