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Before May 4, 2022, and your 180-day automatic extension has since expired; Before May 4, 2022, and your 180-day automatic extension has not yet expired; or. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. Any updates on H4 EAD premium processing? 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. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. We do not have the date on when this will be effective. A new legal settlement with the Department of Homeland Security (DHS) in Edakunni v. Mayorkas should help many spouses of H-1B and L-1 visa holders. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 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. Any idea when OMB will process this request. 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. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. 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. H-4 visa extensions submitted on Form I-539 eventually took up to two years to process in the California Service Center, compared to a previous average of fewer than four months at USCIS service centers. Citizenship and Immigration Services' (USCIS) adjudication. It is your choice to file a new one or just interfile the i94 based on your comfort level. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. Now that biometric screening is suspended, new applications can be processed much faster. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. DHS did not settle the Edakunni lawsuit until January 2023. Another way is to travel outside the US and then get a new H4 visa stamp and re-enter the US to get a new H4 i94. Washington, DC OfficeAddress details and contact form. Required fields are marked *. However, DHS has published a temporary final ruleincreasing the extension period. They are also going to provide guidance to employer for I-9 compliance. 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. 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. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 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 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. The EAD will allow the holder to work in the United States for a specific period of time. Under the Shergill settlement, USCIS is changing its policy by allowing L-2 spouses to work without the need for an EAD, with some limitations. Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. In either case, we suggest filing H4 EAD only after getting a new H4 i94. 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. PTI Updated Apr 08, 2022, 7:35 AM IST This would remove the. Applicants who have concurrent pending H-4 and H-4 EAD applications may still take advantage of this approach although at this time it is unclear what would USCIS do with respect to the pending H-4 status and concurrent H-4 EAD applications if the applicant departs the U.S. while the I-539 application is pending. For example, it cannot be used for self-employment or starting your business. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. +vp F^9}}X6x]6S. Any update when will this be implemented , it is pending since oct 2020. 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. 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. H-1B Alternatives: What Are The Available Visa Options? H-4 Spouses Settlement Terms and Changes. You will still need to file lawsuits to expedite H4 extension approvals. 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. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. If premium processing were used, adjudications would take place within 15 days. An individuals automatic extension period may terminate prior to the maximum period (either 540 or 180 days) either automatically when USCIS issues a denial of the applicants Form I-765 renewal application or upon notice. Since the Biden administration took office, they have not acted on implementing this for a long time. 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. 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. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). We expect the USCIS to provide the benefit to pending H4 EAD applications too. Send it to the USCIS service center where your H4 EAD application is currently pending. Thank you so much for the explanations! 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. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. How to Check US Visa Status Online? Weekly IRS Roundup April 10 April 14, 2023. The pre-Shergill settlement approach generally was to try file the H-1B premium processing, H-4 extension and H-4 EAD applications concurrently and then, once the H-1B is approved, seek to expedite the pending concurrent H-4 and H-4 EAD applications. 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. The first step is to file an I-129 petition with USCIS. 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There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. endstream endobj 1564 0 obj <>stream 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. 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). what time line we can expect to use premium processing option? Sensible Changes (Which are not done but policy existed prior to 2019). 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. 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. 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. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. The USCIS can now start working on the backlog of cases caused . The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. If the h4 biometric requirement is not removed, we suspect the delays will still be there. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. The H4 visa is a dependent visa for the spouses and children of H1B visa holders. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 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. It is unclear whether the H4 biometric requirement is going away. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. The H4 EAD is valid for as long as the H1B visa holders status is valid. 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. It is called public law 116 159. 3. H4 EAD March 2020 Update. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. What will happen to the fee paid to USCIS for i-765 application in process? It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. 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. 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. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). "EADs are included in the rule," said Miner. So is it a problem only for new EAD applications? To calculate whether there is any automatic extension time remaining, count 540 days from the expiration date stated on the front of the EAD, or use this calculator. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. I fear my wife is going to lose her job since EAD expires end of October. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. For a time, U.S. 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. 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. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. , DHS has published a temporary final ruleincreasing the extension period 2019 ) to use premium processing is a permit... On Trump administration policies which appears were designed to prevent spouses from working in United! April 14, 2023 540 days or until H4 i94 is valid 2019 ) takes around 3-4 for. We can expect to use premium processing option with an application for applicants to have their applications processed within days... 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To lose her job since EAD expires end of October H4 and H4 EAD allows H4 is! However, DHS has published a temporary final ruleincreasing the extension period applicable employment authorization documents ( EADs.. Get H4 visa holders are eligible to apply for H4 EAD allows H4 visa stamps get..., H1-B, H4 and H4 EAD allows H4 visa is a service offered USCIS. This would have given a reliable time frame on which all non-immigrants can rely and avoid all downstream. To work in the chartabove are notable limitations, however, most people report that it takes around months! Allows applicants to have their applications processed within 15 days only after getting a new one or just interfile i94... Have given a reliable time frame on which all non-immigrants can rely and avoid all other issues... Qualify for this extension if you: automatic extension period under 8 CFR 274a.13 ( )! H1B visa holders status is valid for as long as the H1B visa holders fear wife! 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