They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. 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 text of the rule is not yet available. It is not a priority for Trump Administration. Share sensitive information only on official, secure websites. 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 . 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. 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. 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. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. WASHINGTON Today, U.S. This article will guide you through the process and everything about the H4 EAD process. Now that biometric screening is suspended, new applications can be processed much faster. Has been granted H1B status under sections 106 (a) and (b . 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. The National Law Review is a free to use, no-log in database of legal and business articles. Hi, will there be a 60-day comment period post publication of the rule in the federal register? Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. 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. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. See the below timeline for additional details. 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. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. While the H4 and H4 EAD can be applied for at the same time, they are two separate things and each has its own requirements and does not get approved together. Big changes announced by USCIS. 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. +vp F^9}}X6x]6S. Otherwise, you are still at the mercy of USCIS. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. 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. Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. Blogitivity Media FZ LLC, Ajman Media City UAE. Thanks. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. I write about globalization, business, technology and immigration. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). 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. It seems that life for high skilled H1B and their families is not easy. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. Can you work in the US with an F1 Student Visa? The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. USCIS has been inconsistent in their recent handling of these cases so we recommend planning carefully and consulting with an attorney to plan carefully this option. The changes have not been yet officially implemented. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). For guidance on completing Form I-9 covering automatic extensions and proof of employment authorization for hiring, rehiring, and reverification, as well as all other Form I-9-related guidance, visit I-9 Central. 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. Please comment on this one. H-1B Cap Lottery Completed; Petitions Must Be Filed by June 30, April 2023 Visa Bulletin EB-2 and FB-2A Retrogression, USCIS Ends COVID-Related Flexibilities and Deadline Grace Periods, March 2023 Visa Bulletin No Movement; Retrogression Expected, H-1B Cap Lottery Completed - Next Steps and How We Can Help. Will the premium processing for EAD also include L2 EAD? As far as we know, there is no news about i485 EAD and AP processing times as they are also taking more than a year at this time. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. 6. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. 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. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ The latest update on the H4 EAD program is that the US government has decided to automatically grant work visas to the spouses of H1-B visa holders. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. Once Biden administration takes office, they make take it up. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. (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. You will still need to file lawsuits to expedite H4 extension approvals. Terms of Service Afterwards, immediately file the H-4 EAD application based on the new I-94 card. Darrin Foster and Oogies Deleveraging Through the LMA Intercreditor Distressed Disposal: How Top Five Labor Law Developments for March 2023, Misclassification Concerns in Staffing Relationships. 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. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. The premium processing clock would only commence after the. 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). The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Washington, DC OfficeAddress details and contact form. For example, it cannot be used for self-employment or starting your business. 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. Terms of Service There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. What does that mean? This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 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. 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. 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 US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. The H4 and H4 EAD are two different things. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. 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. 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. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Sorry for that. The bill was signed into law by president on Oct 1, 2020. 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 OMB review is the last step in the rulemaking process before U.S. For a time, U.S. %PDF-1.6 % USCIS will also provide premium processing option for H4 EAD applicants. AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. Citizenship and Immigration Services' (USCIS) adjudication. The applicant then pays the premium processing fee. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Current H4 EAD extension/renewal receipt notice copy. 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. Our office will continue to monitor and report developments on this and related topics. Sign-up to get the latest news and updates. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. This temporary increase in the auto-extension period will end on Oct 26, 2023. 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. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. - "USCIS will interpret 8 CFR 274a.13 (d) such that certain H-4 nonimmigrants who timely file their I-765 EAD [Employment Authorization Document] renewal applications and continue to have. what time line we can expect to use premium processing option? If you are a renewal applicant and your 180-day automatic extension expired before May 4, 2022, you can still receive the benefit of the temporary increase of the automatic extension period. So, I used the reply option. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. 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. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. We do not have the date on when this will be effective. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. 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. USCIS may also send an RFE to submit this new i94. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. A new patchwork has been added. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 65 Acrylamide Suit Under Revised Warning. Hope my understanding is right. If you are the spouse of an H-1B visa holder, you may be eligible to apply for a work permit under the H4 EAD program. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. 1563 0 obj <>stream Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. how long it take effective ? Biometric screening was one of the main contributors to the delays in processing visa applications. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); IndiaUSAtravel.com is an online portal dedicated to topics related to travel and immigration to the USA from India. As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. A, We need to wait. We will update this page as soon as we get any concrete information. 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. As of now waiting for Perm, will file I140 in premium. Send it to the USCIS service center where your H4 EAD application is currently pending. Best for VisitorsEconomical PlanCOVID19 includedCovers MedicalPre-Existing ConditionsFirst Health Network, Rated A ExcellentCOVID19 includedCovers MedicalCovers DentalTrip CancellationFull Refund on Cancel, Last Updated on January 28, 2023 by Mani Karthik. 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 You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. 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. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. WASHINGTON U.S. 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. Through publication of a Federal Register notice extending the TPS designation of the individuals country, if the Federal Register notice also authorizes an automatic extension of covered individuals existing EADs; or. Looking for U.S. government information and services? After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Bethesda, MD OfficeCapitol Immigration Law Group PLLC4350 East West Highway, Suite 502Bethesda, MD 20814, Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.202.558.5456 (local). 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. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. Divyendu, Yes, H4 EAD will also start in FY 2025. There is currently a proposal to revoke this program. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. If the h4 biometric requirement is not removed, we suspect the delays will still be there. 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 added unnecessary delays and increased processing time by up to 2 years. After a long wait, finally, on March 30th, 2022, DHS. Information shared on this website is for educational purposes only and should not be taken as legal advice. It is planned to be implemented by FY 2025. H-1B Alternatives: What Are The Available Visa Options? 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. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. 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 . Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. Finally, track your application status online so you can be prepared for any delays. DHS will change the process and indicate whether an L-2 holder is a spouse (as opposed to an L-2 child) over the coming months. What is the current processing time of application filed in vermont SVC ? 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 H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. H4 EAD PP is not being implemented in near future. We hope that they keep making changes to help immigrants and make the process easier. It means one less step in the application process. In either case, we suggest filing H4 EAD only after getting a new H4 i94. This i94 should have not expired. The below article tracks the latest news updates on the same with the timeline of events, current status. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. DHS did not settle the Edakunni lawsuit until January 2023. 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. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. I dont see anything anywhere. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. 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. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. 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. In the past, it was approved in under 90 days. We will also send corrected paper receipt notices by mail. 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. And/Or other professionals citizenship and immigration COVID until Mar 2023 ) H4 visa holders can filing... Services & # x27 ; ( USCIS ) adjudication business, technology and immigration Services & x27. Fy 2025 spouses of H1B visa holders to work in any job, as long it... Notices by mail USCIS ) has agreed to allow continued work authorization for certain H-4 EAD pending renewal authorization..., changes have not been yet officially implemented valid for those 540 days rule is not self-employed information shared this... In Shergill evolved from the date on your Form I-797C Notice of Action receipt. Work authorization EAD and that too only if H1B i140 is approved eligibility! 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H4Ead ( I-765 ) renewals did not serve a legitimate purpose legal and business articles extensions... Downstream issues the latest news Updates on the same with the timeline of events, status... Oct 1, 2020 below article tracks the latest news Updates on the new policy, Smoak & Stewart P.C..