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. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Amanda practices in the Austin office of Ogletree Deakins. As of now waiting for Perm, will file I140 in premium. The H-4 visa is issued to spouses of H-1B visa holders that allows them to apply for employment authorisation (EAD) to legally work in the US. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. No, they said that they will start implementing it for new filing starting Jan 25. Washington, DC OfficeAddress details and contact form. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. Post-Shergill, and in order to claim the benefits of the automatic H-4 EAD renewal work authorization terms, it may be best to file the H-1B extension with premium processing and then, once approved, the H-4 spouse would leave the US, travel to their home country (or Mexico/Canada, perhaps even using the automatic visa revalidation program) and then be admitted in to the US on H-4 status for a term matching the newly-extended H-1B petition. 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). What is the current processing time of application filed in vermont SVC ? It is unclear when a decision will be made on the fate of the H4 EAD, but it is important to stay up-to-date on the latest developments. WASHINGTON U.S. This will not change/help anyone who is filing for a fresh/new H4 EAD card ? 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. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. 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. There is currently a proposal to revoke this program. 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. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. This is great news for H4 EAD applicants! NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. Hi, will there be a 60-day comment period post publication of the rule in the federal register? If you are looking to apply for a H4 EAD, there are a few things you should know about the process. Prior to March 2019, USCIS adjudicated Form I-539, Application to Extend/Change Nonimmigrant Status, for H-4 and L-2 dependents and Form I-765, Application for Employment Authorization, at the same time as the principals petition when concurrently filed. (, 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. 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. Prior to the Trump administrations change in policy, H-1B and L-1 spouses did not go without employment authorization or fall out of status because of the governments process at USCIS, said Jon Wasden in an interview. Again, this provision will be effective only after USCIS completes the regulatory process. How much time will it take to make it a law? The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. What about currently pending l2 EAD extensions? WASHINGTON Today, U.S. "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. Amanda provides tactical immigration advice to large-scale U.S. immigration You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. Any idea when OMB will process this request. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? It is not a priority for Trump Administration. I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); Visa Interview ? Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. 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. 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 I write about globalization, business, technology and immigration. In a legal settlement effective as of November 10, 2021, U.S. It is planned to be implemented by FY 2025. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. If you file separately, then this rule wont apply. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. 1563 0 obj <>stream Currently valid H4 i94. 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.. If premium processing were used, adjudications would take place within 15 days. A U.S. 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. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. https://public-inspection.federalregister.gov/2022-06742.pdf?fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, There is some update, looks like meeting is scheduled for 02/09/2022 for implementation of this bill. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. 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. The applicant then pays the premium processing fee. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Cancellation of Removal Applicants In addition, the H4 EAD is only valid for certain types of employment. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. Finally, it is important to consult with an experienced immigration attorney before starting a business on H4 EAD to ensure that everything is done correctly and to avoid any potential problems. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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 November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. Please comment on this one. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. We now wait for DHS. 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. Premium processing for H4 EAD has not been announced yet. Can you work in the US with an F1 Student Visa? Why US Visa Status on CEAC says Refused for 221g ? 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 premium processing clock, when someone. %PDF-1.6 % H-4 Spouses Settlement Terms and Changes. If approved, USCIS sends an approval notice to the applicant. | Input your search keywords and press Enter. The first step is to file an I-129 petition with USCIS. January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. 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. Effective January 25, 2023, H-4, and L-2 dependents who properly file Form I-539 and Form I-765, as applicable, with the principals Form I-129 will be adjudicated together. The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM However, in general, an applicant can usually start working on H4 EAD receipt if they have the necessary work authorization and their employer is willing to sponsor them. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. After a long wait, finally, on March 30th, 2022, DHS. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. 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. 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. So, I used the reply option. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. The terms of the settlement agreement are valid for two years. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. Once Biden administration takes office, they make take it up. 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. The below article tracks the latest news updates on the same with the timeline of events, current status. The content and links on www.NatLawReview.comare intended for general information purposes only. On or before the week of March 20, we will send these applicants an email or text notification instructing them to sign into their USCIS online account. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. They are also going to provide guidance to employer for I-9 compliance. 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. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. It seems that life for high skilled H1B and their families is not easy. H-1B Alternatives: What Are The Available Visa Options? @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. This looks like progress. The H4 and L2 biometrics was started by USCIS in Mar 2019 and since then, it has been the primary factor in all the H4EAD and L2 EAD delays. We hope that they keep making changes to help immigrants and make the process easier. You will also need to pay a filing fee. 6. Below are the screenshots that indicate the same. 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. 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 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. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. Sign-up to get the latest news and updates. Terms of Service means an automatic 540-day extension if you have a valid H4 i94 extension and i765 is pending, H4 i94 has expired but the H4 extension is pending, You have changed status from H4 to some other visa like F1, B1, H4 extension is denied for whatever reason. This provision will be effective after USCIS completes the regulatory process. How Dutch Companies Are Responding to the Gender Diversity China to Grade Patent Agencies Nationwide Starting May 1, 2023, SECs Proposed Conflicts of Interest Rule May Impede Hedging. 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. When employment authorization was processed concurrently with the H-1B application, it went smoothly. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. Blogitivity Media FZ LLC, Ajman Media City UAE. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. 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. Below are the screenshots of the official text in the regulation that talks about it. Statement in compliance with Texas Rules of Professional Conduct. Biometric screening was one of the main contributors to the delays in processing visa applications. 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. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. 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). Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). You will get an automatic H4 EAD extension. Citizenship and Immigration Services (USCIS) took up to two years to process applications for the spouses of H-1B visa holders who needed work authorization. Once signed in, they will find their corrected receipt notice. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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. Current H4 EAD extension/renewal receipt notice copy. Thanks. 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 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. Has been granted H1B status under sections 106 (a) and (b . File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). The EAD will allow the holder to work in the United States for a specific period of time. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. Dropbox ? The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. The premium processing clock would only commence after the. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. 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. Send it to the USCIS service center where your H4 EAD application is currently pending. endstream endobj 1564 0 obj <>stream The government and plaintiffs have signed off on a settlement in which USCIS would agree to return to bundling the adjudication of I-539s and I-765s for H-4 and L-2 derivatives along with the underlying I-129 when these forms are filed together, according to a statement from Jonathan Wasden of Wasden Law and Steven Brown from Reddy & Neumann, P.C. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. To be eligible for the H4 EAD program, the H-1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H-4 visa. In the past, it was approved in under 90 days. 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. It means one less step in the application process. There is no official information available from USCIS yet. If you are currently in the 180-day auto extension period and your H4 i94 is valid, you will be eligible for extended 540 days. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. | Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). You can skip filing an H4 extension at this time. If you have filed the H4 EAD for the first time, you need to wait until you get the card in your hand to start working. No, not possible at the moment. 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. 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. Looking for U.S. government information and services? USCIS reviews the application and makes a decision. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. Prior to March 2019, USCIS would generally adjudicate an H-4 dependent petition and the H-4 EAD application at the same time as the H-1B petition from the same family. What is H4 EAD visa? 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. H-4, dependent visa holders and the Employment Authorization Document (EAD) that they are eligible to receive since 2015 has been in the news lately and this time it is for a good reason. Ead news h4 ead news today - Joe Biden and democrats decided to not terminate H4 EAD PP be. //Public-Inspection.Federalregister.Gov/2022-06742.Pdf? fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, there are a little complex and automatic extension period news update today - Joe and! 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