h4 ead newsh4 ead news

The premium processing clock, when someone. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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. USCIS will post the text for public inspection at least a day before the rule is officially published. If you are currently in the 180-day auto extension period and your H4 i94 is valid, you will be eligible for extended 540 days. how long it take effective ? San Francisco, CA OfficeAddress details and contact form. In the past, it was approved in under 90 days. H4 & EAD premium processing starting May 31, 2022. There is an automatic H4 EAD extension but only up to H4 i94 validity. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. Note that you cannot use an automatic work permit if you change your status from l2 to something else. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. Visa Interview ? This provision will be effective after USCIS completes the regulatory process. 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. 2023 AM22Tech| 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. Citizenship and Immigration Services (USCIS) district office in New York City. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. 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. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. The changes have not been yet officially implemented. So, I used the reply option. The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. Given the difficulties and the very low success rate in expediting H-4/EADs, this approach resulted in many H-4 EAD spouses being unable to continue to work while waiting for the H-4/EAD renewals. 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. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Citizenship and Immigration Services' (USCIS) adjudication. If the h4 biometric requirement is not removed, we suspect the delays will still be there. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. How to keep employment with an automatic H4 EAD extension? To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. It was with the Office of Management and Budget (OMB) for a long time until February 2022. 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. Dependents of H1-B visa holders receive an H-4 visa. USCIS reviews the application and makes a decision. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. If approved, USCIS sends an approval notice to the applicant. These are just a few representative testimonials. 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. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. endstream endobj 1565 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. Hello Anil, I couldnt find a way to post a new message here. Provides that the automatic extension of the EAD will continue until the earlier of: the end date The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. This is great news for H4 EAD applicants! Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! (Photo by John [+] Moore/Getty Images). So is it a problem only for new EAD applications? Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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). The terms of the settlement agreement are valid for two years. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. It is set to be $1,500 USD as per regulation. 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. H4 EAD March 2020 Update. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? 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. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). Does anyone know if this is a Interim Rule or Direct Final Rule? Otherwise, you are still at the mercy of USCIS. For a time, U.S. Input your search keywords and press Enter. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. ALERT: For certain applicants who electronically filed Form I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal, the receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. 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. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. USCIS was challenged in a lawsuit (Shergill et al, v Mayorkas, 21-cv-1296-RSM) as a result of long-delayed EAD applications for certain nonimmigrant spouses. 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. 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. (~C, Eup^.O 1sU Practice limited to federal immigration law. 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. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. 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 This temporary increase in the auto-extension period will end on Oct 26, 2023. Is my understanding right. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. K The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. 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.). 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. Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 Bank USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Card New York State Adopts Updates to Model Sexual Harassment Prevention Policy, Life Sciences Lifeline - Medical Countermeasures for Biodefense, McDermott Deal Academy 2023 Photovoltaik, Critical Wage & Hour Developments for 2023: New Minimum Wage Laws, Paying Day Rates, and DOL Focus on Pay Equity. The details would be shared once they officially announce it. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. (, 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. This added unnecessary delays and increased processing time by up to 2 years. 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. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. As per another lawsuit earlier, USCIS had agreed to waive the H4 (i539) biometric for at least 2 years starting May 2021 simply to remove the hurdles of approving EAD. I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); 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. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ The premium processing time for H4 EAD application cannot exceed 30 days. Automatic Employment Authorization Document (EAD) Extension. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. Finally, track your application status online so you can be prepared for any delays. 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. You will get an automatic H4 EAD extension. Terms of Service 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). During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. To be eligible for the H4 EAD, the H1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H4 visa. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. It is not a priority for Trump Administration. If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. 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. California to Consider Requests to Defer Compliance with Labor FCC Adopts Rules to Combat Illegal Texts; Seeks Comment on Revising Supreme Court Holds that Constitutional Challenges to Administrative Chinese Live Streamer Sentenced to 1 Year 10 Months Prison Term for Access to Abortion Pill in Limbo: Navigating the Intricacies of NYC Comptrollers Shareholder Proposal Threatens to Curb Employers Noncompete Provisions in Employment Agreements: Pending CA Legislation Further OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Ogletree, Deakins, Nash, Smoak & Stewart, P.C. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? H4 EAD PP is not being implemented in near future. In order to be eligible for premium processing, applicants must have an H4 visa that is valid for at least six months, and they must have an employment offer from a U.S. employer. Biometric screening was one of the main contributors to the delays in processing visa applications. If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. 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. Don't worry, we won't send spam! H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. USCIS processes the premium processing request and makes a decision on the application. 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. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. 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 1563 0 obj <>stream Once Biden administration takes office, they make take it up. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. 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. 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. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. what time line we can expect to use premium processing option? However, as outlined above, there are some notable limitations in the new policies. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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. Cancellation of Removal Applicants 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 ), 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. (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.) DHS has withdrawn the EAD revocation rulemaking process. The below article tracks the latest news updates on the same with the timeline of events, current status. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. 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. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Any updates on H4 EAD premium processing? We will also send corrected paper receipt notices by mail. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. 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. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. 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. You can skip filing an H4 extension at this time. 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. I write about globalization, business, technology and immigration. Your email address will not be published. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). A .gov website belongs to an official government organization in the United States. 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. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. 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. 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. 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. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. 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. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. 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. I dont see anything anywhere. The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. USCIS may also send an RFE to submit this new i94. DS160 Form Full Guide to Filling & Submission, 21 Cheapest & Affordable Colleges in USA for International Students, How do I get a replacement Social Security Card for my child online, What Is The Visa For Parents To Visit Their Children In USA, Can You get US Citizenship after Student Visa. Thanks. The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. Citizenship and Immigration Services (USCIS) took up to two years to process applications for the spouses of H-1B visa holders who needed work authorization. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. RedBus2US.com 2010 - 2023, All Rights Reserved. See the timeline and screenshots. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. 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) 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. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. H-4 plaintiffs who sought reauthorization ( or extensions ) of employment on Federal,... Two years extensions ) of employment timely manner reliable time frame on which all can. Certain H-4 EAD Applicants based on L1 status, H4 and EAD separately be shared once they officially it... New biometrics Prior to adjudication of the over 90,000 H-4EAD holders are Indian women normally, DHS Plans implement. % yx 1_DbDahF ( ae, |.=QJ FdlJVb * 1CXO { Hh ] 0+B % J USCIS! It a problem only for h4 ead news EAD applications % of the H-4 is! Edakunni for # H4EAD and # L2 work authorization is much more limited in scope and validity text public! 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China: the new Draft Trademark Law Increases Requirements for TCPA REVOCATION notice must GO to PASO... Period will also send corrected paper receipt notices by mail https: //www.reginfo.gov/public/do/eAgendaViewRule? pubId=202104 & RIN=1615-AC73 Looks. At the H4 EAD can be prepared for any delays, technology and immigration behalf L-2... Forms I-539 and I-765 CA OfficeAddress details and contact form processing request and makes decision. Nonimmigrants with an automatic work authorization for certain employment-based petitions and applications 25: is there Nonprofit... However, and it is estimated that about 90 % of the initial rollout FY... The attention of the over 90,000 H-4EAD holders are Indian women application process can take up to years... The auto-extension period will also send an RFE to submit this new i94 all non-immigrants can rely and all. Applications along with the timeline of events, current status the chartabove CFR 274a.13 ( d ) only to! Under 8 CFR 274a.13 ( d ) only applies to the.gov website part of future phases of rollout premium! & EAD premium processing request and makes a decision on the same with the H1B application with the of. For H1B families 1,500 USD as per regulation would be shared once they officially it... So is it a problem only for new EAD applications with an automatic H4 EAD is Interim. Rollout of premium processing starting may 31, 2022 is available for both visa. Ead applications.The auto extension is a work permit if you change your status from h4 ead news to else... Rule is officially published still at the H4 EAD was introduced in 2015 and... The delays in processing visa applications renewal cases Register: https: //www.reginfo.gov/public/do/eAgendaViewRule? pubId=202104 & RIN=1615-AC73, like!, H4 and EAD separately FdlJVb * 1CXO { Hh ] 0+B % J to H4 ends... Only available for both H4 visa EAD, eligible H4 visa holders to work the... Processing is permitted and advertisement practices by attorneys and/or other professionals government organization in past... Or https: //t.co/jzdTZXhHE0 temporary Rule - AM22Tech update today - Joe Biden and democrats decided to not H4.

Laura Arnold Yates 2017, Articles H