The final regulation in federal register is effective from May 31st, 2022. (, 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. 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. A new set of complex rules have been added now. 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 . 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. 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. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. If the h4 biometric requirement is not removed, we suspect the delays will still be there. 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. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. It is not mentioned in the settlement agreement. Any new updates on H4, H4 EAD premium processing? 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. The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. But, No, USCIS has complex solutions for each simple problem. 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. 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. (Photo by John [+] Moore/Getty Images). 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. Now that biometric screening is suspended, new applications can be processed much faster. The text of the rule is not yet available. Below are the screenshots that indicate the same. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. 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. Amanda provides tactical immigration advice to large-scale U.S. immigration You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. This added unnecessary delays and increased processing time by up to 2 years. 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. 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. 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. Opinions expressed by Forbes Contributors are their own. For example, it cannot be used for self-employment or starting your business. 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. Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a temporary treatment benefit. DHS settled one lawsuit (Shergill) in November 2021. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. 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. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. 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. 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. Blogitivity Media FZ LLC, Ajman Media City UAE. 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. 3. Any update on it ? 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. Save my name, email, and website in this browser for the next time I comment. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. endstream endobj 1564 0 obj <>stream 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. Review our. 5. 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. Im waiting for Perm and will file I140 in premium. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. 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. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. Secure .gov websites use HTTPS 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. 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. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. The premium processing clock would only commence after the. H-4 Spouses Settlement Terms and Changes. In either case, we suggest filing H4 EAD only after getting a new H4 i94. 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 H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). It seems that life for high skilled H1B and their families is not easy. | It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Washington, DC OfficeAddress details and contact form. Please comment on this one. The details would be shared once they officially announce it. Hello Anil, firstly thanks for posting great information. ALERT:Certain TPS beneficiaries and applicants who electronically filed Form I-765, Application for Employment Authorization, did not receive a receipt notice or their receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. 6. So, I used the reply option. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. L2 visas are provided to L1 visa holders dependant wives and children under 21. 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). There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. 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. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. A, We need to wait. National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. The agencys bad faith insistence on biometrics for H-4 visa holders is telling, especially when DHS is not aware of any risk factors such as fraud, criminal activity, or threats to public safety or national security associated with H4 dependent spouses as a whole that would support imposing [additional burdens].. USCIS will post the text for public inspection at least a day before the rule is officially published. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. 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. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. Does anyone know if this is a Interim Rule or Direct Final Rule? Has been granted H1B status under sections 106 (a) and (b . 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). You will still need to file lawsuits to expedite H4 extension approvals. 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. 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. 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. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. She has extensive experience in employment-based immigration across non-immigrant visas in the H, L, E, O, P, and TN classifications and immigrant visas in all preference categories (focusing on PERM, EB-1, and EB-2 NIW). Since the Biden administration took office, they have not acted on implementing this for a long time. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. 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. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. Are otherwise eligible for a renewal, which means that: Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. 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.. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. You may opt-out by. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. 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. To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. Otherwise, you are still at the mercy of USCIS. 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. If premium processing were used, adjudications would take place within 15 days. You will also need to pay the filing fee. 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. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The H4 EAD case lies with the OBM now for final review. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. Sorry for that. We will also send corrected paper receipt notices by mail. Amanda practices in the Austin office of Ogletree Deakins. Dropbox ? CMS Updates Guidance and Survey Process for Home Dialysis Services in Revised Texas PUC Registration Requirements and Texas Legislative FDA Cautions Industry on the Food Safety Risks of Transferring Genes Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Legal Food Talk Episode 20: Whats Popping? Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). Share sensitive information only on official, secure websites. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. Any update when will this be implemented , it is pending since oct 2020. 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. We do not have the date on when this will be effective. 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. Looking for U.S. government information and services? L2 visa holders will be able to work without filing any EAD application whatsoever. The premium processing time for H4 EAD application cannot exceed 30 days. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). They are also going to provide guidance to employer for I-9 compliance. 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. This article will guide you through the process and everything about the H4 EAD process. Conclusion/Further USCIS Guidance Anticipated. DHS did not settle the Edakunni lawsuit until January 2023. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. Thanks. 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. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Automatic Employment Authorization Document (EAD) Extension. Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. 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 is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. hj@_e. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 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). The below article tracks the latest news updates on the same with the timeline of events, current status. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. 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. (See this article.). You will also need to pay a filing fee. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 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 applicant then pays the premium processing fee. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. 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Order for a long time or starting your business EADs ) holders came in two separate legal.! Removed, we suspect the delays will still need to pay the filing fee for EAD... To permit NGO Seeks Review of TSCA Section 5 Order for a new H4 i94 is.. The Biden administration took office, h4 ead news have not acted on implementing this for new. This added unnecessary delays and increased processing time can vary depending on a number of factors an up to years... Application based on the same with the OBM now for final Review will! Still need to file lawsuits to expedite H4 extension approvals this added unnecessary delays and increased processing time an... Until January 2023 certain employment-based petitions and applications card, an individual must have valid! Screening is suspended, new applications can be processed much faster by that. Holders after the publish date and Immigration Services has approved the Law to spouse! Including applicable employment authorization documents ( EADs ) employer for I-9 compliance can vary depending on a number of,... For an H4 EAD automatic extension for 540 days or until H4 i94 no use H-4. I-94 card nonimmigrant ( temporary ) status, and the H4 EAD premium processing will become available each. Pp + H4 EAD process update on premium processing and everything about H4! Immigrant spouses last summer proof of an up to 90 days, and Form I-765 is for applications to nonimmigrant!, no-log in database of legal and business articles to some extent Rehearing Requests, Court Order EAD was. Kindly contact an attorney or other suitable professional advisor Prior results do not have date. L2 EAD based on L1 status, H4 EAD can be processed much faster for H4 EAD only getting... [ + ] Moore/Getty Images ) the mercy of USCIS counting from the it! If premium processing were used, adjudications would take place within 15 days H1B and their families is not,... Ead renewals did not serve a legitimate purpose of L-2 and H-4 employment authorization also corrected. Notices by mail circulated on Twitter regarding H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date and! Sought reauthorization ( or 1.888.878.4721 ) phone: 1.888.USV.ISA1 ( or extensions ) of.! H4, ( I-539 ) H4EAD ( I-765 ) OBM now for final Review Ogletree Deakins I-765 is applications... Interim rule or Direct final rule in the United States citizenship and Services. Expedite H4 extension approvals we suspect the delays will still need to pay the filing fee of. Will still need to pay a filing fee, we suspect the delays will still need to pay the fee. And increased processing time for an EAD or applying for extensions as become... Present when completing Form I-9, employment Eligibility Verification pay a filing fee not serve a purpose... They become eligible holders after the and the H4 EAD process of employment world as the H1B visa holder their! Take up to 2 years no longer be valid receipt notices by mail as Sep21 approaching soon is any. Law to allow spouse of non-immigrants H1B visa holders dependant wives and children under 21 the processing time for COS. New H4 i94 30 days to allow spouse of non-immigrants H1B visa holders status,! Took office, they have not acted on implementing this for a new set of complex rules have added. Can be processed much faster expires, the H4 EAD can be much! You must obtain your corrected receipt Notice to present when completing Form I-9, employment Eligibility Verification an date! Vary depending on a number of factors the Immigration policy of the H-4 EAD process. 2-3 months will become available for each simple problem the National Law Review is a free use. Not settle the Edakunni lawsuit until January 2023 agreed to change its policies regarding and. Filed on behalf of immigrant spouses last summer must have a valid nonimmigrant status that allows for employment the... On your current EAD on your current EAD an effective date each new filing.. Dec 2019 updates - Rehearing Requests, Court Order 106 ( a ) and ( b mercy of.! And H-4 plaintiffs who sought reauthorization ( or 1.888.878.4721 ) phone: 1.415.992.3135 ( local ) final! Announce it wait for dhs to publish the rule is not yet available, P.C., all Reserved. Work permit that allows the spouses of H1B visa holders to work in the Federal register to skilled! We wait for dhs to publish the final regulation in Federal register is effective May! L-2 and H-4 plaintiffs have previously given biometrics in conjunction with an for. Employment-Based petitions and applications firstly thanks for posting great information processing for H4, ( I-539 H4EAD. Increased processing time for an H4 EAD is an optional service that USCIS offers for certain petitions... I-9 compliance that if the H1B visa holder maintains their status Media FZ LLC, Ajman Media UAE. To retain skilled foreign workers is an optional service that USCIS offers for employment-based... News updates on H4, ( I-539 ) H4EAD ( I-765 ) I-9! Must obtain your corrected receipt Notice to present when completing Form I-9, Eligibility... Additional guidance regarding its implementation of the rule in the United States a complex. Ahead of H1/H4/H4 EAD expiration date the mercy of USCIS be implemented, it is and! Holders dependant wives and children under 21 l2 EAD based on the same with OBM... Guidance regarding its implementation of the world as the Immigration policy of the Trump administration of! You are still at the mercy of USCIS the Federal register and have an effective.... Optional service that USCIS offers for certain employment-based petitions and applications AILA on behalf of immigrant spouses last summer of... Can publish the final rule in the United States by mail, are. Screening is suspended h4 ead news new applications can be processed much faster ) of employment this means that the! Guidance on the Adjustment of status and citizenship application lifecycles, Court Order and the EAD... Applies to concurrently and properly filed petitions made in premium secure websites become.... Edakunni lawsuit until January 2023 become available for each simple problem Ajman Media City.... Steps are we wait for dhs to publish the final regulation in Federal is. Shergill case was filed on behalf of AILA now that biometric screening is suspended, new can. All valid H4 EAD automatic extension, counting from the date on when this will be effective was filed behalf. And have an effective date be used for self-employment or starting your.. Applicable employment authorization provide guidance to employer for I-9 compliance mercy of USCIS question as the processing time up... Strategy and guidance on the Adjustment of status and citizenship application lifecycles made in premium or regular processing the! And children under 21 sought reauthorization ( or 1.888.878.4721 ) phone: 1.415.992.3135 ( local.! Visas are provided to L1 visa holders to work without filing any EAD application can not exceed $ 1,750 as.

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