The H4 EAD case lies with the OBM now for final review. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. If the h4 biometric requirement is not removed, we suspect the delays will still be there. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. What is the current processing time of application filed in vermont SVC ? The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. 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. 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. What does that mean? Provides that the automatic extension of the EAD will continue until the earlier of: the end date 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 . May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). This added unnecessary delays and increased processing time by up to 2 years. The EAD will allow the holder to work in the United States for a specific period of time. 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. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 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. 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. It was with the Office of Management and Budget (OMB) for a long time until February 2022. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. L2 visa holders will be able to work without filing any EAD application whatsoever. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). 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 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 NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. We hope that they keep making changes to help immigrants and make the process easier. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. 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. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. The settlement was specifically to return to concurrent adjudication when filed together. Once USCIS restarts the H4 biometric, you will be back at square one. 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). H-1B Alternatives: What Are The Available Visa Options? 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.). Statement in compliance with Texas Rules of Professional Conduct. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. 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). 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. (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, count up to either 540 days or the expiration date on Form I-94, whichever is earlier.) 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. NOTE: Individuals with a TPS-based EAD may receive an automatic extension of their EAD: NOTE: F-1 students who have a pending STEM optional practical training (OPT) extension application are not eligible for thetemporary increaseof the automatic extension period under thetemporary final rulepublished on May 4, 2022. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. 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 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. Input your search keywords and press Enter. 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. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. Terms of Service This added unnecessary delays and increased processing time by up to 2 years. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. Based on a series of policy changes since that time, USCIS unbundled adjudication and required additional biometrics to be taken from the dependents, causing processing delays to compound for spouses and children of foreign nationals employed in the United States. This is great news for H4 EAD applicants! See the below screenshot for both H4 and H4 EAD premium processing details. Your email address will not be published. The final regulation in federal register is effective from May 31st, 2022. endstream
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For any legal help or advice, we recommend hiring a qualified professional immigration attorney. 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). It is not a priority for Trump Administration. 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. 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. Will the premium processing for EAD also include L2 EAD? The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. But there may be solutions and options. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. DEADLINE APPROACHING!! The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 4. DHS has withdrawn the EAD revocation rulemaking process. What is H4 EAD visa? 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. 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. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. Categories Eligible for Automatic Extensions. See the timeline and screenshots. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 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. 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. Applicants are eligible to apply for an H4 EAD if the H1B visa holder: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. 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. The settlement is silent on the coverage of a premium upgrade where the related applications were properly and concurrently filed with regular processing before January 25, 2023. After a long wait, finally, on March 30th, 2022, DHS. They are prioritizing F1 OPT for Form I-765 in FY 2022. The H-4 visa is issued to spouses of H-1B visa holders that allows them to apply for employment authorisation (EAD) to legally work in the US. Many H-4 visa holders are highly skilled people in their own right and previously had careers of their own or worked to support their families. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. 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 premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. H-4 Spouses Settlement Terms and Changes. Don't worry, we won't send spam! Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. There is an automatic H4 EAD extension but only up to H4 i94 validity. 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. 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. The pre-Shergill settlement approach generally was to try file the H-1B premium processing, H-4 extension and H-4 EAD applications concurrently and then, once the H-1B is approved, seek to expedite the pending concurrent H-4 and H-4 EAD applications. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. 2. Current H4 EAD extension/renewal receipt notice copy. RedBus2US.com 2010 - 2023, All Rights Reserved. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. (Source), Your email address will not be published. mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. Thanks. To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. But, No, USCIS has complex solutions for each simple problem. Amanda practices in the Austin office of Ogletree Deakins. 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. A U.S. We will also send corrected paper receipt notices by mail. Current H4 EAD card copy (even if it has expired). 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. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. 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 They are also going to provide guidance to employer for I-9 compliance. CEAC Website, Errors Info. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. Below are the screenshots that indicate the same. 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. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. Big changes announced by USCIS. You would be able to start working as soon as you enter the US with L2 status. (, Effective May 26, 2015, the H4 EAD rule was implemented with the intention of retaining highly skilled foreign workers and decreasing the interruption to US businesses that results from H1B workers choosing not to stay in the US. 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. The Ghost of Robinson-Patman Rises at the FTC, Indiana To Be Next in Passing Consumer Privacy Statute, U.S. Executive Branch Update April 17, 2023. In a legal settlement effective as of November 10, 2021, U.S. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes). Once OMB approves it. The premium processing clock, when someone. It is unclear whether the H4 biometric requirement is going away. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. 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. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Hope my understanding is right. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. [DjbX[.H@7ZE~}$(R(ppIAq8e This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. The H4 EAD will get automatic extensions if you file the i765 renewal/extension application before the current EAD card expires and their H4 i94 is still valid. You can skip filing an H4 extension at this time. If approved, USCIS sends an approval notice to the applicant. 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. 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. 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. 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.. Now that biometric screening is suspended, new applications can be processed much faster. You can send this new i94 along with the cover letter attached to the RFE response letter. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. 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. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. We are seeing H4 EAD approvals within 2-5 months at this time and have heard of many such cases. 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. 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. Has been granted H1B status under sections 106 (a) and (b . USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. There is no concrete date given yet. 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. You will also need to pay the filing fee. 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. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. 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. But, implementation of the same is going to be by FY 2025. 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. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. (. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. The USCIS can now start working on the backlog of cases caused . The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. It is your choice to file a new one or just interfile the i94 based on your comfort level. 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. 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 class action settlement in Edakunni focuses on what plaintiffs demanded in April of 2021 when this case was initiated; bringing back the concurrent processing methodology that even USCIS officials have stated in depositions was more efficient for adjudicators, said Wasden and Brown. The changes have not been yet officially implemented. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. Has agreed to allow continued work authorization for L2 spouses which means that no more filing! 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