WASHINGTON Today, U.S. If premium processing were used, adjudications would take place within 15 days. 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. You will be forced to spend money on travel to get H4 visa stamps to get new i94s to get this 540-day auto extension. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. For example, it cannot be used for self-employment or starting your business. Automatic Employment Authorization Document (EAD) Extension. 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. 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. ), 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. Since the Biden administration took office, they have not acted on implementing this for a long time. 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. Will the premium processing for EAD also include L2 EAD? 4. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. (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.) What does that mean? The H4 EAD premium processing times and steps are as follows: 1. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. Current H4 EAD card copy (even if it has expired). 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. mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! If you file separately, then this rule wont apply. 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. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. So if I understand correctly, the automatic 180 day extension will only be valid if one has/had an H4 EAD already and they are waiting on their extension. 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. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. WASHINGTON U.S. 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. 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. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. Once implemented by the agency, L-2 spouses will no longer have to apply for work authorization and need an employment authorization document as proof in order to work in the United States, said Jesse Bless, then-director of litigation at the American Immigration Lawyers Association, in a November 2021 interview. Big changes announced by USCIS. (~C, Eup^.O 1sU The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. Sensible Changes (Which are not done but policy existed prior to 2019). CEAC Website, Errors Info. Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for immigration benefits either at a consulate or in the United States, noted the plaintiffs. There is another lawsuit that has been filed recently by Greg Siskinds team and AILA which challenges USCIS to process EADs within a 90-day timeline. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. 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. 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. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. It means one less step in the application process. Any update when will this be implemented , it is pending since oct 2020. 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].. A .gov website belongs to an official government organization in the United States. They are also going to provide guidance to employer for I-9 compliance. +vp F^9}}X6x]6S. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. 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. 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. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. We expect the USCIS to provide the benefit to pending H4 EAD applications too. Approve H4 and H4 EAD along with H1B premium, Allow filing H4 EAD extension before 540 days of its expiry. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. Thanks. 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. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. See the below timeline for additional details. USCIS may also send an RFE to submit this new i94. 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. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. No, H4 cannot start working without first getting the EAD card in hand. This added unnecessary delays and increased processing time by up to 2 years. 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). Similar to the H-4 provisions, the length of the auto-extension will be limited to the earlier of the following: (a) the end of the L-2 status, as determined by I-94 record/card, (b) the approval or denial of the EAD application; OR (c) 180 days from the current EAD expiration date. 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. Dependents of H1-B visa holders receive an H-4 visa. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. Bethesda, MD OfficeCapitol Immigration Law Group PLLC4350 East West Highway, Suite 502Bethesda, MD 20814, Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.202.558.5456 (local). Can you work in the US with an F1 Student Visa? 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.. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. Get all 3 approved in 15 days using premium. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. 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. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Hi, will there be a 60-day comment period post publication of the rule in the federal register? RN Law group reached court settlement. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. 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. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. It works 50% of the time as per our experience but there is no harm in trying. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. The final regulation in federal register is effective from May 31st, 2022. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. 2023 AM22Tech| As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. Now, the Biden . L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. You will also need to pay a filing fee. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. 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