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. Practice limited to federal immigration law. 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. In a legal settlement effective as of November 10, 2021, U.S. 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. 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. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4. 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. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. What about currently pending l2 EAD extensions? 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 time of extension will be based on the rules mentioned above. 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Approve H4 and H4 EAD along with H1B premium, Allow filing H4 EAD extension before 540 days of its expiry. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). The H4 and H4 EAD are two different things. A .gov website belongs to an official government organization in the United States. 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. 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). Once signed in, they will find their corrected receipt notice. This means that most H4 i94 would be having the same expiry date as the EAD expiry.Hence, in this case, there will be no auto H4 EAD extension. Are otherwise eligible for a renewal, which means that: Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and. See the timeline and screenshots. I dont see anything anywhere. A new patchwork has been added. 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. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). 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. 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 big unknown is how soon USCIS will. 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. RN Law group reached court settlement. 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. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. Second, submit your application as early as possible. A, We need to wait. The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. 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. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. We expect the USCIS to provide the benefit to pending H4 EAD applications too. 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. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. 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. They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. 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. January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). Due to their constraints and budget issues, USCIS is implementing the premium Processing in a phased manner and not implementing all the forms in FY 2022. H-4 Spouses Settlement Terms and Changes. 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. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. It is unclear whether the H4 biometric requirement is going away. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. 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. Secure .gov websites use HTTPS H4 & EAD premium processing starting May 31, 2022. The applicant then pays the premium processing fee. CEAC Website, Errors Info. How much time will it take to make it a law? 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. However, as outlined above, there are some notable limitations in the new policies. Since the Biden administration took office, they have not acted on implementing this for a long time. 6. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Biometric screening was one of the main contributors to the delays in processing visa applications. 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). Will the premium processing for EAD also include L2 EAD? On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. After a long wait, finally, on March 30th, 2022, DHS. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). The processing time for an H4 EAD application is typically around 90 days, but it can vary depending on the workload of the USCIS office that is processing the application. 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. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. 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. The first step is to file an I-129 petition with USCIS. Thanks. H4 EAD program was created in 2015 as a way to help reduce the burden on H-1B holders who are waiting for their green cards. Once USCIS restarts the H4 biometric, you will be back at square one. Hello Anil, firstly thanks for posting great information. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. 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. If you have already filed H4 and H4 EAD and then have got a new H4 i94 by either traveling to any border or any other country, we strongly suggest sending this new i94 to the USCIS service center. In order to apply, you will need to submit a number of documents, including your spouses H1B visa, your marriage certificate, and evidence of your relationship. They are also going to provide guidance to employer for I-9 compliance. 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. H-4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the United States. This added unnecessary delays and increased processing time by up to 2 years. 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. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. 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. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. 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. You will still need to file lawsuits to expedite H4 extension approvals. USCIS reviews the application and makes a decision. Any new updates on H4, H4 EAD premium processing? Hi, will there be a 60-day comment period post publication of the rule in the federal register? If approved, USCIS sends an approval notice to the applicant. This is a BIG change. 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. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Please comment on this one. 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. You will also need to pay the filing fee. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. See the below screenshot for both H4 and H4 EAD premium processing details. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. 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. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. But, No, USCIS has complex solutions for each simple problem. Washington, DC OfficeAddress details and contact form. The H4 EAD premium processing times and steps are as follows: 1. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. 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].. (, 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. USCIS may also send an RFE to submit this new i94. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 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 EAD card is valid for a specific period of time and must be renewed every two years. | 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. We have, Copyright | All Rights Reserved | Capitol Immigration Law Group PLLC |, We provide many opportunities for clients and readers to learn about new developments, ask questions or simply comment. mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 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. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. 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