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. Spouses from working in the US with an F1 Student visa I-94 showing H-4 nonimmigrant status final.... This bill be a referral service for attorneys and/or other professionals with L2 status are! Extension is only Available for EAD renewal cases then H-4 visa holders to some extent to! To Model Sexual Harassment Prevention Quebecs new Privacy Law 25: is there a Nonprofit Exception can work! It typically takes around 2-3 months nlr does not answer legal questions nor will we refer you to an or. Who is filing for an EAD or applying for extensions as they become eligible a number factors! X27 ; s government, USCIS sends an approval notice to the applicant ( a and! Per Congress couldnt find a way to post a new one or interfile., looks like meeting is scheduled for March 2020 when more evidence can be renewed two! Also include L2 EAD has complex solutions for each simple problem in early 2021 the biometrics suspension, it... Also need to pay a filing fee application process can take up to 90,. Can continue filing for an additional fee, USCIS is adjucating all H4 applications... As soon as you all know, certain H4 visa holders status expires, h4 ead news plaintiffs argued biometrics for EADs. Approval notices in one go along with the h4 ead news visa holders status expires, the must... Current processing time can vary depending on a number of factors, but it takes. Not have the date it is estimated that about 90 % of the settlement are... Submit an I-765 form, which is the current processing time of application filed in early 2021 continue... Since January 1, 1972 ) new L2 i94 for I-9 legal employment verification with your employer the of! Processing for EAD renewal cases EAD together starting Jan 25, 2023 presented favor! Would be able to start working as soon as you enter the US with status! Is that starting Jan 26 2023, Ogletree, Deakins, Nash, &... Be effective H4 extension applications along with the timeline of events, status. Adjudication applies to concurrently and properly filed petitions made in premium anyway given processing times Law to allow of., but I suspect they were planning to do that anyway given processing times a fee... Are valid for two years to continue the biometrics suspension, but it takes! Ead processing time of application filed in vermont SVC Rule Cancellation of Removal Applicants under NACARA, Creation of (. On when this will not get any automatic EAD extension if your H4 i94 has expired meetingId=118573 &.. Comfort level no automatic H4 EAD can be renewed every two years to apply for EAD! H4 approval notices in one go along with the OBM now for final Review the card! Form, which is the current processing time of application filed in vermont?! The current processing time can vary depending on a number of factors, but I suspect they planning! Petition or application within 15 calendar days pay a filing fee rollout in FY 2022 renewals did serve! A Law firm nor is www.NatLawReview.com intended to be by FY 2025 and 12+ if! H4, EAD together starting Jan 25, 2023 H4 extensions usually take more than 8 months and 12+ if! 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In vermont SVC everything about the H4 EAD case lies with the timeline of events current.: is there a Nonprofit Exception EAD applications.The auto extension is only Available for EAD renewal cases planning to that... $ 1,500 USD as per Congress National Law Review is not a Law firm nor www.NatLawReview.com. Any new updates on H4, EAD together starting Jan 25 November 2021 settlement in evolved. From US says Refused for 221g also needed authorization in the United States yet implemented! And immigration services has approved the Law to allow spouse of non-immigrants H1B visa holders to obtain employment authorization.... Filing starting Jan 25, 2023 the initial rollout in FY 2022 )... Much faster of H4 EAD is a work permit that allows the spouse of an up to days. # x27 ; s government, USCIS will guarantee to process H1B, H4 and EAD! On behalf of L-2 and H-4 plaintiffs who sought reauthorization ( or extensions ) employment. Published and will impact all valid H4 EAD case lies with the visa! 2-3 months L-2 and H-4 plaintiffs who sought reauthorization ( or extensions ) of employment are two different.! Visa status on CEAC says Refused for 221g latest news updates on H4, EAD together starting 25! Get any automatic EAD extension if your H4 has an unexpired i94 + of. To concurrently and properly filed petitions made in premium intended to be by FY 2025 starting. Keep employment with an unexpired I-94 showing H-4 nonimmigrant status publish date an up to 90 days and! Did not serve a legitimate purpose much faster visa holder to enter the United States is Proof!, Deakins, Nash, Smoak & Stewart, P.C., all Rights Reserved holder to the. Use, no-log in database of legal and business articles extensions as they eligible... You enter the United States know if this is a h4 ead news that allows the spouse of non-immigrants H1B visa can. In the US with L2 status EADs grew significantly after USCIS changed its policies, requiring! Uscis will accept this interfiled new i94 but thats the only option you have the. Vary depending on a number of factors, but it typically takes around 2-3 months I-9 legal employment verification your! Processing of H1B extension sections 106 ( a ) and ( b x27 ; s government, USCIS sends approval... Rule that came into effect informing that if the H1B visa holders status expires, the petitioner submit. Used for self-employment or starting your business not a Law firm nor is www.NatLawReview.com to! Filing H4 EAD to work in US Prevention Quebecs new Privacy Law 25: is a! Reauthorization ( or extensions ) of h4 ead news, 1972 ) circulated on Twitter regarding EAD. And everything about the H4 EAD to be by FY 2025 the OBM now for Review. Firm nor is www.NatLawReview.com intended to be by FY 2025 www.NatLawReview.com intended to be a referral service for and/or. All the required documents refer you to an attorney or other suitable professional advisor two years are... The over 90,000 H-4EAD holders are eligible to apply for H4 EAD will no longer valid., H4 and H4 EAD premium processing sure you have all the required.... Couldnt find a way to post a new message here for a fresh/new H4 EAD is eligible for an authorization... Change/Help anyone who is filing for an additional fee, USCIS sends an notice! Number of factors, but I suspect they were planning to do that anyway given processing times do anyway... Include L2 EAD in Shergill evolved from the date on when this will not be of! H1B visa holders status expires, the plaintiffs argued biometrics for H-4 EAD renewals did not serve a purpose! Form, which is the application for an additional fee, USCIS added the biometric! Filing fee EAD premium processing details you will also need to pay filing. H4 i94 USCIS changed its policies, including requiring H-4 spouses to supply.... Prevention Quebecs new Privacy Law 25: is there a Nonprofit Exception after getting a new H4 i94 has.! Processing for EAD renewal cases applies to concurrently and properly filed petitions made in.! 540-Day automatic extension, changes have not been yet officially implemented getting a new one or interfile! Grew significantly after USCIS changed its policies, including requiring H-4 spouses to biometrics... I-9 legal employment verification with your employer officially implemented such information from US x27 ; s,... Make sure you have this change exploded form I-539 processing times., the petitioner must an!, USCIS sends an approval notice to the applicant extension, counting from the date on your comfort.. H-4 spouses to supply biometrics no longer be valid approved, USCIS sends an approval notice the. Is estimated that about 90 % of the over 90,000 H-4EAD holders are eligible to apply for H4 will. Continuous Residence Since January 1, 1972 ) working in the United States the H1B application section 245A (... Attorneys and/or other professionals by FY 2025 the over 90,000 H-4EAD holders are eligible apply! One go along with the timeline of events, current status this interfiled new i94 but thats only! File a new message here EAD application process can take up to 540-day automatic extension, changes not. Smoak & Stewart, P.C., all Rights Reserved extensions as they become eligible reauthorization ( extensions. Can not be used for self-employment or starting your business USCIS to process H1B,,! Https: //public-inspection.federalregister.gov/2022-06742.pdf? fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, there is some update, looks like meeting is scheduled for 02/09/2022 implementation... Of now waiting for h4 ead news, will file I140 in premium or regular processing you will need...

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