If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. USCIS will also provide premium processing option for H4 EAD applicants. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. We hope that they keep making changes to help immigrants and make the process easier. 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. (Photo by John [+] Moore/Getty Images). 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. Any idea when OMB will process this request. You will also need to pay the filing fee. *Currently licensed in New York only. 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. "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. The Ghost of Robinson-Patman Rises at the FTC, Indiana To Be Next in Passing Consumer Privacy Statute, U.S. Executive Branch Update April 17, 2023. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. %PDF-1.6 % Please comment on this one. 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. Im waiting for Perm and will file I140 in premium. (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.) Any luck on your side? Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. Once your application is approved, you will be able to work in the United States for as long as your spouses H1B visa is valid. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. 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 agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. It was with the Office of Management and Budget (OMB) for a long time until February 2022. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. So youll like to have around 1 year for H4 EAD to be approved. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. DHS did not settle the Edakunni lawsuit until January 2023. The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. Hi, will there be a 60-day comment period post publication of the rule in the federal register? If premium processing were used, adjudications would take place within 15 days. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022. H-4 EAD holders, for instance, are still limited to an automatic extension only until their existing H-4 I-94 expires, and since H-4 status renewal processing times are also incredibly long. 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. USCIS processes the premium processing request and makes a decision on the application. Amanda practices in the Austin office of Ogletree Deakins. endstream endobj 1564 0 obj <>stream Official websites use .gov It is not a priority for Trump Administration. 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 . Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. They are also going to provide guidance to employer for I-9 compliance. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. 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. 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 H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. What about currently pending l2 EAD extensions? Input your search keywords and press Enter. how long it take effective ? However, DHS has published a temporary final ruleincreasing the extension period. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. 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. WASHINGTON Today, U.S. Required fields are marked *. The first step is to file an I-129 petition with USCIS. Your email address will not be published. FCC NPRM Comments Due in less than a month! The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. What will happen to the fee paid to USCIS for i-765 application in process? 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. No, not possible at the moment. 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. endstream endobj 1565 0 obj <>stream Otherwise, you are still at the mercy of USCIS. 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 would ike to contact us via email please click here. 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. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 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. Is my understanding right. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. Will the premium processing for EAD also include L2 EAD? I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. A new patchwork has been added. Citizenship and Immigration Services' (USCIS) adjudication. To mitigate this situation, we suggest these steps: These steps do work with 100% success if your H4 visa stamp in the passport is still valid. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. 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. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. 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). USCIS to process H1B, H4, EAD together starting Jan 25, 2023. The status should be L2 all the time on the most recent i94 to make use of this facility. The National Law Review is a free to use, no-log in database of legal and business articles. Why US Visa Status on CEAC says Refused for 221g ? China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. Categories Eligible for Automatic Extensions. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. 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. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. The bill was signed into law by president on Oct 1, 2020. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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). First, make sure you have all the required documents. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? It seems that life for high skilled H1B and their families is not easy. Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. 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. 1563 0 obj <>stream 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. Any update on it ? H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. If the h4 biometric requirement is not removed, we suspect the delays will still be there. It is not mentioned in the settlement agreement. 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. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. Applicants are eligible to apply for an H4 EAD if the H1B visa holder: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or. The H4 EAD case lies with the OBM now for final review. 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. The details would be shared once they officially announce it. The premium processing clock would only commence after the. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. See the below screenshot for both H4 and H4 EAD premium processing details. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. Big changes announced by USCIS. "EADs are included in the rule," said Miner. Information shared on this website is for educational purposes only and should not be taken as legal advice. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. This added unnecessary delays and increased processing time by up to 2 years. To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. PTI Updated Apr 08, 2022, 7:35 AM IST This would remove the. 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. 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). I fear my wife is going to lose her job since EAD expires end of October. Currently, i485 EAD is eligible for an automatic EAD extension which is logical since USCISs own processing time is almost always more than 6 months at every service center. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. 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.). Big changes announced by USCIS. Under current USCIS policy, L-2 spouses have been eligible to apply for EAD immediately upon being granted L-2 status but employment was not authorized until the EAD card was approved. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. San Francisco, CA OfficeAddress details and contact form. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. 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. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. Important Note: until DHS amends the process and starts issuing I-94 cards with L-2 spouse annotation, and until such I-94 card is granted to an L-2 spouse, they would still need to have an EAD to be authorized to work. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait 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. There is no concrete date given yet. Current H4 EAD extension/renewal receipt notice copy. 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. Current H4 EAD card copy (even if it has expired). 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.. As of now, we do not have the text published for the same. 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 spouses of H1B visa holders to work in the United States. 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. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Will there be premium processing for GC EAD as well? On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. Court by & # x27 ; Save Jobs USA & # x27 ; in 2015 the new Draft Law. Have around 1 year for H4 visa to work in US H4 and. Pay the filing fee attorneys and/or other professionals H-1B visa holders to obtain authorization. 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