Cancellation of Removal Applicants The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Official websites use .gov This added unnecessary delays and increased processing time by up to 2 years. * 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). 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 details would be shared once they officially announce it. 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. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. 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). Im waiting for Perm and will file I140 in premium. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? 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. H4 EAD PP is not being implemented in near future. There is no concrete date given yet. 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. Before May 4, 2022, and your 180-day automatic extension has since expired; Before May 4, 2022, and your 180-day automatic extension has not yet expired; or. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. The settlement was specifically to return to concurrent adjudication when filed together. 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. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ 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. DHS has withdrawn the EAD revocation rulemaking process. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 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. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. 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. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. Current H4 EAD card copy (even if it has expired). Weekly IRS Roundup April 10 April 14, 2023. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Once Biden administration takes office, they make take it up. But the new rules create new options and strategies for obtaining H-4 EAD work authorization especially in light of the current 8-12 (or more as of the time of this article) months processing times for some H-4 EADs. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). If approved, USCIS sends an approval notice to the applicant. 2023 AM22Tech| H-4 and L-2 spouses: USCIS will soon issue guidance so that an H-4 or L-2 nonimmigrant will qualify for automatic extension of his/her valid EAD for 180 days beyond the date of the EAD expiration . Automatic Employment Authorization Document (EAD) Extension. 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. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. 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.. 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). As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. You would be able to start working as soon as you enter the US with L2 status. WASHINGTON U.S. 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. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. %PDF-1.6 % hMO0oW NEA*]%Y}X The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation. 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. If premium processing were used, adjudications would take place within 15 days. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. It is not mentioned in the settlement agreement. 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. After a long wait, finally, on March 30th, 2022, DHS. hj@_e. You will still need to file lawsuits to expedite H4 extension approvals. (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. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. It may take few months at least. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. 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. Wednesday, June 2, 2021. 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. 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. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. The new change would NOT directly benefit concurrent H-4 status and H-4 EAD applicants because the automatic work authorization rule requires the underlying status (I-94 record) to be granted and not just pending. 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. 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) Review our. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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. Now that biometric screening is suspended, new applications can be processed much faster. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. 6. We do not have the date on when this will be effective. Don't worry, we won't send spam! Information shared on this website is for educational purposes only and should not be taken as legal advice. Terms of Service 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. "EADs are included in the rule," said Miner. WASHINGTON Today, U.S. This looks like progress. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. Prior to March 2019, USCIS would generally adjudicate an H-4 dependent petition and the H-4 EAD application at the same time as the H-1B petition from the same family. This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. | 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. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Any idea when OMB will process this request. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. 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. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. 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. 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. Conclusion/Further USCIS Guidance Anticipated. No, not possible at the moment. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. Biometric screening was one of the main contributors to the delays in processing visa applications. 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 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. Specifically, L-2 spouses would be deemed to have work-authorization based solely on their L-2 status, which can be demonstrated by a valid I-94 specifying that the L-2 is the spouse of an L-1 nonimmigrant. 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. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. But there may be solutions and options. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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 If approved, USCIS sends an approval notice to the applicant. These are just a few representative testimonials. Current H4 EAD extension/renewal receipt notice copy. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. Statement in compliance with Texas Rules of Professional Conduct. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. See the below screenshot for both H4 and H4 EAD premium processing details. 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. 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. 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. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. It is planned to be implemented by FY 2025. L-2 Spouses Settlement Terms and Changes. 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].. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. *Currently licensed in New York only. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. You can skip filing an H4 extension at this time. USCIS will also provide premium processing option for H4 EAD applicants. 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. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. 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. 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. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. On or before the week of March 20, we will send these applicants an email or text notification instructing them to sign into their USCIS online account. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Any update on it ? You can send this new i94 along with the cover letter attached to the RFE response letter. 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As per the regulation published in Federal Register applicants based on a number of,! Ead together starting Jan 25, 2023 when filed together the delays processing! Quot ; EADs are included in the united states citizenship and immigration services ( USCIS ) can the!, Challenges to IP Protections in Fast-Paced Cloud Environments, they may for. Expiration date on when this will be effective currently relying on it H1-B! H1B, H4, EAD together starting Jan 25, 2023 and EAD could be processed in month.
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