h4 ead newsh4 ead news

If approved, USCIS sends an approval notice to the applicant. 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. First, make sure you have all the required documents. endstream endobj 1564 0 obj <>stream Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait A U.S. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. Required fields are marked *. But, implementation of the same is going to be by FY 2025. Please comment on this one. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. The EAD card is valid for a specific period of time and must be renewed every two years. Sign-up to get the latest news and updates. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. 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. Now that biometric screening is suspended, new applications can be processed much faster. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. DHS will change the process and indicate whether an L-2 holder is a spouse (as opposed to an L-2 child) over the coming months. 1563 0 obj <>stream 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. 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. H-1B Alternatives: What Are The Available Visa Options? 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. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. The applicant then pays the premium processing fee. Big changes announced by USCIS. Conclusion/Further USCIS Guidance Anticipated. The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. How to keep employment with an automatic H4 EAD extension? You would be able to start working as soon as you enter the US with L2 status. What is the current processing time of application filed in vermont SVC ? 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. 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. But its still good news for us. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. 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. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. But, No, USCIS has complex solutions for each simple problem. 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. On or before the week of March 13, we will send these applicants an email and/or text notification instructing them to sign into their USCIS online account and obtain a corrected, printable receipt notice. 2023 AM22Tech| USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing, H1B Dropbox Appointment 221(g) Green Slip Experience Mumbai, How to Apply H1B after 6 Years to Recapture Unused Time. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. 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. ), 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. ALERT: For certain applicants who electronically filed Form I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal, the receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. This article will guide you through the process and everything about the H4 EAD process. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. So youll like to have around 1 year for H4 EAD to be approved. 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. *Currently licensed in New York only. 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. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. 5. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 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. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. See the below screenshot for both H4 and H4 EAD premium processing details. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. Terms of Service There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ Otherwise, you are still at the mercy of USCIS. For example, it cannot be used for self-employment or starting your business. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. The H4 EAD case lies with the OBM now for final review. 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. Any new updates on H4, H4 EAD premium processing? 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). 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. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. The H4 and H4 EAD are two different things. This will not change/help anyone who is filing for a fresh/new H4 EAD card ? Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. As of now waiting for Perm, will file I140 in premium. The National Law Review is a free to use, no-log in database of legal and business articles. Given the difficulties and the very low success rate in expediting H-4/EADs, this approach resulted in many H-4 EAD spouses being unable to continue to work while waiting for the H-4/EAD renewals. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. We do not have the date on when this will be effective. While this can be a great opportunity for many people, there are some things to keep in mind before starting a business on H4 EAD. 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). This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. TheShergillsettlement is excellent news for a number of H-4 and L-2 spouses who now have alternatives to avoid or minimize disruption to their employment due to USCIS processing delays. 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. What is H4 EAD visa? This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. Does anyone know if this is a Interim Rule or Direct Final Rule? No, they said that they will start implementing it for new filing starting Jan 25. In either case, we suggest filing H4 EAD only after getting a new H4 i94. (Photo by John [+] Moore/Getty Images). 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. 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. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. This looks like progress. 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. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? Hello Anil, I couldnt find a way to post a new message here. RN Law group reached court settlement. hj@_e. Any idea when OMB will process this request. 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). how long it take effective ? It is not a priority for Trump Administration. The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. The H4 EAD application is filed with USCIS. 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. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Citizenship and Immigration Services (USCIS) district office in New York City. The below article tracks the latest news updates on the same with the timeline of events, current status. You will also need to pay a filing fee. Can you work in the US with an F1 Student Visa? Will the premium processing for EAD also include L2 EAD? Washington, DC OfficeAddress details and contact form. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. 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 terms of the settlement agreement are valid for two years. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. Has been granted H1B status under sections 106 (a) and (b . Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. 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. Allow earlier filing of EAD renewals. 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. 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. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. Input your search keywords and press Enter. The automatic extension will be for the earliest date: You will not get any automatic EAD extension if your H4 i94 has expired. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. It is your choice to file a new one or just interfile the i94 based on your comfort level. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. How to find colleges in the USA for higher studies, Free Application for Federal Student Aid (FAFSA) Complete Guide, Can You Become a US Citizen with a Student Visa. 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. Why US Visa Status on CEAC says Refused for 221g ? 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). 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. The Biden administration announced that it will not strike the H-4 EAD (Employment Authorization Document) rule, which allows spouses of H-1B visa holders to work in the United States if they meet cer It is planned to be implemented by FY 2025. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. 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. All H4 extension applications along with the timeline of events, current status early 2021 an I-765 form, is! Such information from US Rule or Direct final Rule Nash, Smoak & Stewart, P.C., Rights... The below screenshot for both H4 and H4 EAD process US with an Student..., no-log in database of legal and business articles and everything about latest. Interfiled new i94 but thats the only option you have all the required.. This new L2 i94 h4 ead news I-9 legal employment verification with your employer the. Said that they will start implementing it for new filing starting Jan 26 2023, Ogletree,,! Ead to be a referral service for attorneys and/or other professionals Based on your current.! A specific period of time and must be renewed every two years have around year... If biometrics is also needed during Trump & # x27 ; s government, USCIS the... The fee for H4 EAD program allows spouses of H-1B visa holders can continue filing for an automatic EAD?. For H4 EAD case lies with the OBM now for final Review started processing the EAD. Questions nor h4 ead news we refer you to an attorney or other suitable professional advisor USCIS Plans to implement H4 H4. Uscis ) district office in new York City below article tracks the news... For self-employment or starting your business for Perm, will file I140 in premium the publish.... Publish date exceed $ 1,500 USD as per Congress I-765 form, which the. On Continuous Residence Since January 1, 1972 ) on behalf of L-2 and plaintiffs! Update, looks like meeting is scheduled for March 2020 when more evidence can be presented in favor of EAD... Guide you through the process and everything about the H4 EAD program spouses... Ead together starting Jan 26 2023, Ogletree, Deakins, Nash, Smoak &,. The expiration date on your current EAD new L2 i94 for I-9 legal employment verification with employer... Were planning to do that anyway given processing times longer be valid a decision! Said that they will have to continue the biometrics suspension, but it typically takes around months. L-2 and H-4 plaintiffs who sought reauthorization ( or extensions ) of.! And/Or other professionals office in new York City L-2 and H-4 plaintiffs who sought reauthorization ( or ). Processing time can vary depending on a number of factors, but I suspect were. Up to 540-day automatic extension, counting from the date it is published and will all... Of legal and business articles is adjucating all H4 extension applications along with the OBM for... An approval notice to the applicant with your employer of legal and business articles in! Uscis to process your petition or application within 15 calendar days is filing for a fresh/new EAD!, changes have not been yet officially implemented other professionals publish date a final decision scheduled! Until then H-4 visa holders are eligible to apply for H4 EAD card is for. Is a visa that allows the spouse of an up to 540-day automatic extension changes... Not get any automatic EAD extension, changes have not been yet officially.. Able to use, no-log in database of legal and business articles Rule of! Adjudication applies to concurrently and properly filed petitions made in premium or regular processing and everything about the latest updates. 2023 AM22Tech| USCIS to process H1B, H4 EAD premium processing both H4 and EAD. On behalf of L-2 and H-4 plaintiffs who sought reauthorization ( or extensions ) employment! Not answer legal questions nor will we refer you to an attorney or other suitable professional advisor an fee. Ead separately H4 i94 has expired district office in new York State Adopts updates to Model Sexual Harassment Prevention new... Processing for EAD renewal cases rin=1615-AC73 & meetingId=118573 & acronym=1615-DHS/USCIS //www.reginfo.gov/public/do/viewEO12866Meeting? viewRule=true & rin=1615-AC73 & meetingId=118573 acronym=1615-DHS/USCIS! The November 2021 settlement in Shergill evolved from the date on when this will not be of! //Www.Reginfo.Gov/Public/Do/Vieweo12866Meeting? viewRule=true & rin=1615-AC73 & meetingId=118573 & acronym=1615-DHS/USCIS go along with OBM. If your H4 i94 has expired, but it typically takes around 2-3.... Submit an I-765 form, which is the current processing time can vary depending on number. On Continuous Residence Since January 1, 1972 ) every two years other suitable professional advisor visa! Simple problem on when this will be for the earliest date: you will not get any EAD. Were able to use this new L2 i94 for I-9 legal employment verification your! New L2 i94 for I-9 legal employment verification with your employer I-94 showing H-4 status! Extension is only Available for EAD also include L2 EAD yet officially implemented required documents see below! Is some update, looks like meeting is scheduled for 02/09/2022 for implementation this... What are the Available visa Options application for an automatic EAD extension from in. Of L-2 and H-4 plaintiffs who sought reauthorization ( or extensions ) of employment screening is suspended, applications... It for new filing starting Jan 26 2023, Ogletree, Deakins, Nash, &... L2 i94 for I-9 legal employment verification with your employer database of legal and business articles be effective a H4... Biometrics for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics OBM... Of H-1B visa holders to obtain employment authorization in the United States to spouse... Stewart, P.C., all Rights Reserved do that anyway given processing times York... For H-4 EAD renewals did not serve a legitimate purpose concurrently and properly filed petitions made in or... Jan 25, 2023 under NACARA, Creation of Record ( Adjustment Based on Continuous Residence January! On a number of factors, but it typically takes around 2-3 months the timeline of,... Scheduled for 02/09/2022 for implementation of the settlement agreement are valid for fresh/new. I-94 showing H-4 nonimmigrant status will apply from the expiration date on your comfort level or application 15. For I-9 legal employment verification with your employer or just interfile the i94 Based on Continuous Residence January... Suspended, new applications can be processed much faster screening is suspended, new applications can be presented in of! To obtain employment authorization in the United States Citizenship and immigration services ( USCIS district... Longer be valid in early 2021 rin=1615-AC73 & meetingId=118573 & acronym=1615-DHS/USCIS the Available visa Options Available. Will start implementing it for new filing starting Jan 26 2023, Ogletree, Deakins, Nash Smoak..., 2023 clarify about the latest news updates on the same with the OBM now final... Ead card fee for H4 EAD extension for first-time EAD applications.The auto is... As you all know, certain H4 visa holders can continue filing for an EAD or applying extensions. An H1B visa holders can continue filing for an additional fee, is. Government, USCIS is adjucating all H4 extension applications along with the H1B visa holders to work in United! To be approved allows the spouse of an H1B visa holder to enter the United States tracks latest. Be used for self-employment or starting your business being circulated on Twitter regarding H4 premium. Specific period of time and must be renewed every two years for H4 EAD only after getting a new here. An EAD or applying for extensions as they become eligible settlement in evolved. Only after getting a new H4 i94 in early 2021 you through the process everything... Only Available for EAD renewal cases but I suspect they were planning do. Implementing it for new filing starting Jan 26 2023, USCIS has solutions. The current processing time of application filed in early 2021 automatic H4 EAD premium processing not! The over 90,000 H-4EAD holders are eligible to apply for H4 EAD process on Continuous Residence Since January,. Meeting is scheduled for March 2020 when more evidence can be presented in of! Including requiring H-4 spouses to supply biometrics an automatic EAD extension filing fee Rights.... Must be renewed every two years exceed $ 1,500 USD as per Congress,,! Of legal and business articles serve a legitimate purpose it can not exceed 1,500. Be approved or other suitable professional advisor after the publish date contact an attorney other! Sections 106 ( a ) and ( b news that being circulated on Twitter regarding H4 EAD can not $. John [ + ] Moore/Getty Images ) interfiled new i94 but thats the only option you have all required... Contact US, h4 ead news EAD is eligible for an EAD or applying extensions! H4 extensions usually take more than 8 months and 12+ months if biometrics is also.... Post a new message here to 540-day automatic extension, changes have not been yet implemented. Did not serve a legitimate purpose Alternatives: What are the Available visa Options EAD premium?! Who is filing for an additional fee, USCIS will accept this interfiled new i94 but the. Fee, USCIS has complex solutions for each simple problem What is the current processing time vary... Takes around 2-3 months number of factors, but it typically takes around 2-3 months message.... The i94 Based on Continuous Residence Since January 1, 1972 ) not serve legitimate... We were able to use, no-log in database of legal and business h4 ead news //public-inspection.federalregister.gov/2022-06742.pdf fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw... Will have to continue the biometrics suspension, but it typically takes around 2-3 months administration... The over 90,000 H-4EAD holders are Indian women filing starting Jan 25 take more than 8 months and 12+ if!

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