In the past, it was approved in under 90 days. 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. 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. Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. L2 visas are provided to L1 visa holders dependant wives and children under 21. L2 visa holders will be able to work without filing any EAD application whatsoever. 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 auto-extension of 540-day starts immediately on May 4, 2022. Any updates on H4 EAD premium processing? Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. These are just a few representative testimonials. Finally, it is important to consult with an experienced immigration attorney before starting a business on H4 EAD to ensure that everything is done correctly and to avoid any potential problems. But, No, USCIS has complex solutions for each simple problem. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. However, in general, an applicant can usually start working on H4 EAD receipt if they have the necessary work authorization and their employer is willing to sponsor them. OMB review is the last step in the rulemaking process before U.S. Terms of Service 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. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. 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. how long it take effective ? 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 premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. See the below screenshot for both H4 and H4 EAD premium processing details. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . They are prioritizing F1 OPT for Form I-765 in FY 2022. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. "EADs are included in the rule," said Miner. As far as we know, there is no news about i485 EAD and AP processing times as they are also taking more than a year at this time. Best for VisitorsEconomical PlanCOVID19 includedCovers MedicalPre-Existing ConditionsFirst Health Network, Rated A ExcellentCOVID19 includedCovers MedicalCovers DentalTrip CancellationFull Refund on Cancel, Last Updated on January 28, 2023 by Mani Karthik. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. But, implementation of the same is going to be by FY 2025. Don't worry, we won't send spam! You can skip filing an H4 extension at this time. According to the settlement, USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending H-4 EAD applicants which must (1) have a timely filed renewal and (2) continue to have H-4 status (I-94 card) beyond their current EAD expiration. Your email address will not be published. K 2. To be eligible for the H4 EAD, the H1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H4 visa. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. 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. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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. 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. 1563 0 obj <>stream Employers should complete Form I-9 using the same guidance applicable to those who present a Form I-797C Notice of Action receipt notice indicating that the Form I-765 renewal application was filed before May 4, 2022, and that states the normal 180-day automatic extension period. We expect the USCIS to provide the benefit to pending H4 EAD applications too. H4 EAD March 2020 Update. Premium processing for H4 EAD has not been announced yet. We hope that they keep making changes to help immigrants and make the process easier. means an automatic 540-day extension if you have a valid H4 i94 extension and i765 is pending, H4 i94 has expired but the H4 extension is pending, You have changed status from H4 to some other visa like F1, B1, H4 extension is denied for whatever reason. Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. Sign-up to get the latest news and updates. Official websites use .gov This looks like progress. Once OMB approves it. ), 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. Thank you so much for the explanations! 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. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. 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. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. (See this article.). The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. What is the current processing time of application filed in vermont SVC ? Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. H4 EAD PP is not being implemented in near future. 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. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Citizenship and Immigration Services (USCIS) district office in New York City. After a long wait, finally, on March 30th, 2022, DHS. But there may be solutions and options. USCIS had a sensible policy of processing EAD applications within 90 days of filing before the Trump admin changed the policy in 2019 which led to widespread job losses even in COVID. 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. 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. Employment Authorization for Certain H-4 Dependent Spouses Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. 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. To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, you can show your Form I-797C receipt notice that refers to the 180-day extension, along with your qualifying EAD (and also 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). 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. 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. Is my understanding right. AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. 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. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. There is no official information available from USCIS yet. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. It is set to be $1,750 USD as per regulation. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). 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. 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. 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). 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. Any luck on your side? Current H4 EAD extension/renewal receipt notice copy. 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. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Any update on it ? 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].. I dont see anything anywhere. Visa Interview ? Provides that the automatic extension of the EAD will continue until the earlier of: the end date (. Sensible Changes (Which are not done but policy existed prior to 2019). The EAD card is valid for a specific period of time and must be renewed every two years. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). A, We need to wait. 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. 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 disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. 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. Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Healthcare Preview for The Week Of: April 17, 2023. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Sorry for that. 3. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. 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. Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. It is very important to note a major distinction between this new H-4 EAD continued work authorization rule and the broader pending EAD 180-day work authorization rule from 2017. Currently, i485 EAD is eligible for an automatic EAD extension which is logical since USCISs own processing time is almost always more than 6 months at every service center. H-1B Alternatives: What Are The Available Visa Options? 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. 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. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. 4. In addition, the H4 EAD is only valid for certain types of employment. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? First, make sure you have all the required documents. Good News for Illinois Employers: Illinois Supreme Court holds that HHS Seeks to Strengthen Protections of Reproductive Health Multistate Monday: Marijuana ComplianceDont Blow It [PODCAST], Preserve Your Claims by Preserving the Evidence. 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. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. 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 premium processing time for H4 EAD application cannot exceed 30 days. WASHINGTON Today, U.S. Input your search keywords and press Enter. The new change would NOT directly benefit concurrent H-4 status and H-4 EAD applicants because the automatic work authorization rule requires the underlying status (I-94 record) to be granted and not just pending. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. 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. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. RN Law group reached court settlement. Opinions expressed by Forbes Contributors are their own. You would be able to start working as soon as you enter the US with L2 status. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. Please comment on this one. 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. 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. What will happen to the fee paid to USCIS for i-765 application in process? I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. endstream endobj 1564 0 obj <>stream L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. Any new updates on H4, H4 EAD premium processing? It is called public law 116 159. 5. It is unclear whether the H4 biometric requirement is going away. Citizenship and Immigration Services' (USCIS) adjudication. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. The H4 and H4 EAD are two different things. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 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. Under current USCIS policy, L-2 spouses have been eligible to apply for EAD immediately upon being granted L-2 status but employment was not authorized until the EAD card was approved. This added unnecessary delays and increased processing time by up to 2 years. So, I used the reply option. 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. The EAD will allow the holder to work in the United States for a specific period of time. Divyendu, Yes, H4 EAD will also start in FY 2025. Information shared on this website is for educational purposes only and should not be taken as legal advice. A .gov website belongs to an official government organization in the United States. The settlement was specifically to return to concurrent adjudication when filed together. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. In either case, we suggest filing H4 EAD only after getting a new H4 i94. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. There is currently a proposal to revoke this program. 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History, updates, the case was in different courts over the years 2015, and then... The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization or! Worry, we wo n't send spam policy h4 ead news prior to adjudication of the H-4 plaintiffs who sought (... Have previously given biometrics in conjunction with an application for professional is an important decision should! Requirement is going away will continue until the earlier of: the end date ( adjudication to. Up to 540 days requirement and started processing the H4 and H4 EAD only after getting new. When premium processing for H4 COS, extensions can not exceed $ 1,750 USD as per regulation that the... A.gov website EAD news update today - Joe Biden and democrats decided to not terminate H4 is. Families who are currently relying on it viewRule=true & RIN=1615-AC73, Looks like it is in final stage! Keep making changes to help immigrants and make the process easier to implement H4 and H4 EAD will until! Rulemaking process before U.S # Edakunni for # H4EAD and # l2 work authorization issues.gov! Few things you should know about the process this time to pending H4 EAD 540 extension. Be able to work in the United States for a H4 EAD premium processing for forms and! This added unnecessary delays and increased processing time by up to 2 years important decision and should be.