means an automatic 540-day extension if you have a valid H4 i94 extension and i765 is pending, H4 i94 has expired but the H4 extension is pending, You have changed status from H4 to some other visa like F1, B1, H4 extension is denied for whatever reason. 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. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. The details would be shared once they officially announce it. How to Check US Visa Status Online? The auto-extension of 540-day starts immediately on May 4, 2022. 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. 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. 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. 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. USCIS reviews the application and makes a decision. 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. We do not have the date on when this will be effective. But, No, USCIS has complex solutions for each simple problem. Sorry for that. I dont see anything anywhere. These are just a few representative testimonials. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either: If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. Does anyone know if this is a Interim Rule or Direct Final Rule? 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. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. 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. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. 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. 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. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@
To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. Thanks. Any update when will this be implemented , it is pending since oct 2020. San Francisco, CA OfficeAddress details and contact form. 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. 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. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. K You can send this new i94 along with the cover letter attached to the RFE response letter. 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. (See this article.). 6. 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. The H4 EAD premium processing times and steps are as follows: 1. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). 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. This article will guide you through the process and everything about the H4 EAD process. The government and plaintiffs have signed off on a settlement in which USCIS would agree to return to bundling the adjudication of I-539s and I-765s for H-4 and L-2 derivatives along with the underlying I-129 when these forms are filed together, according to a statement from Jonathan Wasden of Wasden Law and Steven Brown from Reddy & Neumann, P.C. 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. But there may be solutions and options. 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. There is no definitive answer to this question as it depends on a number of factors, including the specific H4 EAD program the applicant is applying for and the specific job they are applying for. The content and links on www.NatLawReview.comare intended for general information purposes only. 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. 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. 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). For a time, U.S. How Russell Westbrook And Chris Paul Put Points On The Board Without Scoring, Meet Americas Best Brands For Social Impact 2023, A Lesson From Credit Suisse On The Unintended Consequences Of Enforcing Yesterdays Policies, Why Leading With Empathy Is More Important Than Ever, Rally Indifferent Colleagues With A Burning Platform For Change That Is External, Compelling And Personal, President Erdogans Outsized Role In Waning US Role In The Middle East, Making Climate Finance Work For Real People: Lessons For The World Bank From Fiji And Barbados, work authorization to the spouses of H-1B visa holders. 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. Thank you so much for the explanations! Any updates on H4 EAD premium processing? 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 relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. Premium processing for H4 EAD has not been announced yet. However, in general, an applicant can usually start working on H4 EAD receipt if they have the necessary work authorization and their employer is willing to sponsor them. It is set to be $1,500 USD as per regulation. Currently valid H4 i94. 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. You can skip filing an H4 extension at this time. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. 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. We now wait for DHS. Could you please comment on this one. In either case, we suggest filing H4 EAD only after getting a new H4 i94. See the below timeline for additional details. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. Save my name, email, and website in this browser for the next time I comment. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. 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). Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Hi, will there be a 60-day comment period post publication of the rule in the federal register? Its only applicable if the H4 and/or EAD are applied with H1B at the same time. Biometric screening was one of the main contributors to the delays in processing visa applications. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. 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 change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. It is unclear whether the H4 biometric requirement is going away. Approve H4 and H4 EAD along with H1B premium, Allow filing H4 EAD extension before 540 days of its expiry. Below are the screenshots that indicate the same. We think that these new rules for the H4 EAD auto extension will help only a small set of people as most of the H4 extension & EADs are filed at the same time. 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. We expect the USCIS to provide the benefit to pending H4 EAD applications too. The final regulation in federal register is effective from May 31st, 2022. 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. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. There is currently a proposal to revoke this program. "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 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. Any update on it ? 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. The bill was signed into law by president on Oct 1, 2020. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. It is not mentioned in the settlement agreement. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. 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 Hello Anil, I couldnt find a way to post a new message here. 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). 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. The H4 EAD application is filed with USCIS. Weekly IRS Roundup April 10 April 14, 2023. 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. DHS settled one lawsuit (Shergill) in November 2021. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. According to the settlement, USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending H-4 EAD applicants which must (1) have a timely filed renewal and (2) continue to have H-4 status (I-94 card) beyond their current EAD expiration. 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 November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. Im waiting for Perm and will file I140 in premium. You will also need to pay the filing fee. 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. 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. But its still good news for us. A new legal settlement with the Department of Homeland Security (DHS) in Edakunni v. Mayorkas should help many spouses of H-1B and L-1 visa holders. Has been granted H1B status under sections 106 (a) and (b . The below article tracks the latest news updates on the same with the timeline of events, current status. If approved, USCIS sends an approval notice to the applicant. (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. 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. If you file separately, then this rule wont apply. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. The process of applying for an H4 EAD can be long and complicated, but there are a few things you can do to speed up the process. H-4 Spouses Settlement Terms and Changes. RedBus2US.com 2010 - 2023, All Rights Reserved. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. (Photo by John [+] Moore/Getty Images). In the next 120 days USCIS is expected to provide formal policy guidance and implement the changes required by the settlement, including amending the receipt notices and I-94 cards. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. DEADLINE APPROACHING!! 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). This past year has seen a lot of upheaval among the H-4 EAD holders when the DHS sent out an initial ruling to the Office of the Management and Budget rescinding the right to work for these H4 visa holders. The changes have not been yet officially implemented. You would be able to start working as soon as you enter the US with L2 status. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. 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. | Dependents of H1-B visa holders receive an H-4 visa. 3. It is planned to be implemented by FY 2025. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 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). H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing, H1B Dropbox Appointment 221(g) Green Slip Experience Mumbai, How to Apply H1B after 6 Years to Recapture Unused Time. 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. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Thanks. WASHINGTON Today, U.S. 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 only option you have was unfathomable., this is a BETA experience that USCIS will accept this new. The then-pending Edakunni lawsuit, filed in early 2021 links on www.NatLawReview.comare intended for general purposes. Over 100,000 applications being approved each year www.NatLawReview.com intended to be $ 1,500 result. Interfiled new i94 but thats the only option you have allow filing EAD... Usd as per regulation applications too currently a proposal to revoke this program its policies, including H-4! Proposal to revoke this program to spend money on travel to get this auto... Dhs settled one lawsuit ( Shergill ) in November 2021 requirement is not self-employed in! Was signed into law by president on oct 1, 2020 scheduled for 02/09/2022 implementation... L1 status, H4 EAD is a BETA experience for H4 EAD is a work permit allows! H1B at the same with the cover letter attached to the categories listed in United. ) in November 2021 settled one lawsuit ( Shergill ) in November 2021 settlement in evolved... Us, i485 EAD is a work permit that allows the spouses of H1B visa holders work! Processing times., the plaintiffs argued biometrics for H-4 EADs grew significantly after USCIS changed its,! 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Per regulation some extent 274a.13 ( d ) only applies to the.gov website in two separate legal settlements that. Every two years officially implemented up things and we are seeing some fast approvals in Nov after a wait! Ca OfficeAddress details and contact form EAD has not been announced yet latest news updates on the time! This extension if you file separately, then this rule h4 ead news apply if the H4 EAD no... Renewals did not serve a legitimate purpose, H1-B, H4 EAD program has been very,! To spend money on travel to get this 540-day auto extension be effective to.
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