The bill was signed into law by president on Oct 1, 2020. 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. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. Any update on it ? Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. For a time, U.S. I fear my wife is going to lose her job since EAD expires end of October. The H4 and H4 EAD are two different things. 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. Additionally, the settlement includes L-2 EAD automatic work authorization terms which are parallel to H-4s: USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending L-2 EAD applicants which must (1) have a timely filed renewal and (2) continue to have L-2 status (I-94 card) beyond their current EAD expiration. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. Will the premium processing for EAD also include L2 EAD? More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. 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. 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. Washington, DC OfficeAddress details and contact form. mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! 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. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 2023 AM22Tech| 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). There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. * For more information on the options available to demonstrate employment authorization for E spouses and L spouses, see E-1 Treaty Traders page (Family of E-1 Treaty Traders and Employees section), E-2 Treaty Investors page (Family of E-2 Treaty Investors and Employees section), E-3 Certain Specialty Occupation Professions from Australia page (Family of E-3 Nonimmigrant Workers section), L-1A Intracompany Transferee Executive or Manager page (Family of L-1 Workers section), or L-1B Intracompany Transferee Specialized Knowledge page (Family of L-1 Workers section). 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.). Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. 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. Share sensitive information only on official, secure websites. Please note that if you are eligible for the 540-day automatic EAD extension, any USCIS receipt notice for your Form I-765, together with your expired EAD, will serve as acceptable proof of employment authorization and EAD validity during the automatic extension period. 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. 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 National Law Review is a free to use, no-log in database of legal and business articles. 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. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. H-1B Alternatives: What Are The Available Visa Options? We will also send corrected paper receipt notices by mail. It was with the Office of Management and Budget (OMB) for a long time until February 2022. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. 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. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. 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 . The H4 EAD application is filed with USCIS. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. 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. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? I dont see anything anywhere. Wednesday, June 2, 2021. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. ), The class action settlement in Edakunni focuses on what plaintiffs demanded in April of 2021 when this case was initiated; bringing back the concurrent processing methodology that even USCIS officials have stated in depositions was more efficient for adjudicators, said Wasden and Brown. So, I used the reply option. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). Thanks. The H4 EAD is valid for two years and can be renewed indefinitely. Divyendu, Yes, H4 EAD will also start in FY 2025. Second, submit your application as early as possible. If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. The big unknown is how soon USCIS will. It is set to be $1,500 USD as per regulation. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. But its still good news for us. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. 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. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. In order to be eligible for premium processing, applicants must have an H4 visa that is valid for at least six months, and they must have an employment offer from a U.S. employer. 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. CEAC Website, Errors Info. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. Thanks. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. This article will guide you through the process and everything about the H4 EAD process. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. 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. 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. 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. H4 EAD March 2020 Update. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. 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. Once USCIS restarts the H4 biometric, you will be back at square one. But there may be solutions and options. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. Employers should complete Form I-9 using the same guidance applicable to those who present a Form I-797C Notice of Action receipt notice indicating that the Form I-765 renewal application was filed before May 4, 2022, and that states the normal 180-day automatic extension period. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. Opinions expressed by Forbes Contributors are their own. *Currently licensed in New York only. 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. Looking for U.S. government information and services? Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. 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 H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. 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. 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. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. However, DHS has published a temporary final ruleincreasing the extension period. The premium processing clock would only commence after the. 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. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. All current applications will keep processing normally. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. A new set of complex rules have been added now. So is it a problem only for new EAD applications? 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. These two changes will bring a sea change in the current USCIS policy which forces almost all EAD workers to lose their job or spend thousands of dollars in filing individual lawsuits to force the government to do their job on time. 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. Now, the Biden . As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. Big changes announced by USCIS. 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. 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. 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. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. The details would be shared once they officially announce it. 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. A .gov website belongs to an official government organization in the United States. Finally, track your application status online so you can be prepared for any delays. 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. A, We need to wait. 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. No, not possible at the moment. | Below are the screenshots that indicate the same. DHS settled one lawsuit (Shergill) in November 2021. This looks like progress. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. 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. Provides that the automatic extension of the EAD will continue until the earlier of: the end date We will also send corrected paper receipt notices by mail. 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. You will also need to pay a filing fee. Blogitivity Media FZ LLC, Ajman Media City UAE. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. I write about globalization, business, technology and immigration. Automatic Employment Authorization Document (EAD) Extension. We will update this page as soon as we get any concrete information. We do not have the date on when this will be effective. Current H4 EAD card copy (even if it has expired). We expect the USCIS to provide the benefit to pending H4 EAD applications too. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system.USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Database of legal and business articles City UAE for two years and can be renewed indefinitely was into. Only for new EAD applications been added now present when completing Form I-9 employment! 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