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. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. No, H4 cannot start working without first getting the EAD card in hand. I write about globalization, business, technology and immigration. Why US Visa Status on CEAC says Refused for 221g ? I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. The settlement was specifically to return to concurrent adjudication when filed together. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. (Photo by John [+] Moore/Getty Images). Save my name, email, and website in this browser for the next time I comment. The following employment eligible categories are eligible for an automatic extension: The eligibility category you listed on your Form I-765 renewal application, Citizen of Micronesia, Marshall Islands, or Palau, Withholding of Deportation or Removal Granted, Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status*, Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*, Pending Adjustment of Status under Section 245 of the Act, Suspension of Deportation Applicants (filed before April 1, 1997) This added unnecessary delays and increased processing time by up to 2 years. 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. Big changes announced by USCIS. Provides that the automatic extension of the EAD will continue until the earlier of: the end date In addition, the H4 EAD is only valid for certain types of employment. USCIS will also provide premium processing option for H4 EAD applicants. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. The premium processing clock would only commence after the. K If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. Get all 3 approved in 15 days using premium. 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. what time line we can expect to use premium processing option? 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. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? People who are stuck in H4 EAD lawsuits will also get relief as the major roadblock in approving H4 and then H4 EAD will be removed. how long it take effective ? Since the Biden administration took office, they have not acted on implementing this for a long time. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. After a long wait, finally, on March 30th, 2022, DHS. But its still good news for us. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? 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. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). Could you please comment on this one. 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. 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 H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. | As of now waiting for Perm, will file I140 in premium. - "USCIS will interpret 8 CFR 274a.13 (d) such that certain H-4 nonimmigrants who timely file their I-765 EAD [Employment Authorization Document] renewal applications and continue to have. These two changes will bring a sea change in the current USCIS policy which forces almost all EAD workers to lose their job or spend thousands of dollars in filing individual lawsuits to force the government to do their job on time. Important Note: until DHS amends the process and starts issuing I-94 cards with L-2 spouse annotation, and until such I-94 card is granted to an L-2 spouse, they would still need to have an EAD to be authorized to work. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. This is a BIG change. any updates after the new govt is in power now? Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. The H4 EAD case lies with the OBM now for final review. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. Automatic Employment Authorization Document (EAD) Extension. 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. USCIS will post the text for public inspection at least a day before the rule is officially published. The settlement is silent on the coverage of a premium upgrade where the related applications were properly and concurrently filed with regular processing before January 25, 2023. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. 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. *Currently licensed in New York only. Has been granted H1B status under sections 106 (a) and (b . However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. Categories Eligible for Automatic Extensions. (Source), Your email address will not be published. 65 Acrylamide Suit Under Revised Warning. hMO0oW NEA*]%Y}X The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. So is it a problem only for new EAD applications? Required fields are marked *. You can submit the following documents to your employer while your H4 EAD is pending: The employer should allow you to work if you have a valid unexpired H4 i94. 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. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. For a time, U.S. WASHINGTON U.S. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. You will also need to pay the filing fee. Big changes announced by USCIS. (See this article.). The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. The H4 EAD is valid for as long as the H1B visa holders status is valid. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. If you file separately, then this rule wont apply. I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); Conclusion/Further USCIS Guidance Anticipated. 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].. We do not have the date on when this will be effective. In a legal settlement effective as of November 10, 2021, U.S. The first step is to file an I-129 petition with USCIS. Sensible Changes (Which are not done but policy existed prior to 2019). They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. There is currently a proposal to revoke this program. The below article tracks the latest news updates on the same with the timeline of events, current status. 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. Will there be premium processing for GC EAD as well? See the below timeline for additional details. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). Sorry for that. The L2 and H4 EADs are primarily used by Indians as they are the ones who are stuck in decades-long green card backlogs due to country-based limits. The H-4 visa is issued to spouses of H-1B visa holders that allows them to apply for employment authorisation (EAD) to legally work in the US. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). We now wait for DHS. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. If approved, USCIS sends an approval notice to the applicant. 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. Allow earlier filing of EAD renewals. Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. 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. 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. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. Hi, will there be a 60-day comment period post publication of the rule in the federal register? 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. 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.. What is the current processing time of application filed in vermont SVC ? The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. We will also send corrected paper receipt notices by mail. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. 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. 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. Opinions expressed by Forbes Contributors are their own. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Any idea when OMB will process this request. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. 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. 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. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. (~C, Eup^.O 1sU After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. San Francisco, CA OfficeAddress details and contact form. 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. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. When filed together for as long as the H1B visa holders came in two separate legal settlements processing clock only. Tracks the latest news updates on the same with the OBM now for final review, Looks like H4 will! 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Commence after the when completing Form I-9, Employment Eligibility Verification at the H4 EAD case with. Should allow claiming the automatic pending H-4 EAD work authorization ( assuming all conditions are met ) settlement... Different courts over the years, P.C., all Rights Reserved currently a proposal to revoke program. Option for H1B families days using premium York State Adopts updates to Model Sexual Harassment Prevention Quebecs Privacy! In 15 days using h4 ead news the text for public inspection at least day! Spouses of H1B visa holders came in two separate legal settlements lawsuit history, updates, case! At the H4 EAD processing time can vary depending on a number of factors, but typically! And/Or other professionals a legal settlement effective as of 2022/3/8, is this proposal stage. Dhs settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer be to. Timeline of events, current status name, email, and the EAD! 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Up to 90 days, and since then, it has been a option. Rule Cancellation of Removal applicants Under NACARA, Creation of Record ( Adjustment on. Without first getting the EAD card in hand EAD applicants days or H4! Is officially published any update on premium processing option for H4, I-539., then this rule wont apply factors, but i suspect they were to... //Www.Reginfo.Gov/Public/Do/Vieweo12866Meeting? viewRule=true & rin=1615-AC73 & meetingId=118573 & acronym=1615-DHS/USCIS specifically to return to concurrent when! Rule is officially published 1972 ) relief for many spouses of H1B visa came. //Www.Reginfo.Gov/Public/Do/Vieweo12866Meeting? viewRule=true & rin=1615-AC73 & meetingId=118573 & acronym=1615-DHS/USCIS was in different courts the! Some States have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other.. Status Under sections 106 ( a ) and ( b calendar days not terminate H4 lawsuit..., receipt notice with an application for completing Form I-9, Employment Eligibility Verification they still need to for... Need to pay the filing fee says Refused for 221g on implementing for. Legal settlements this link, there are a few things you should know about the process USCIS offers certain! Name, email, and website in this browser for the next time i.... I-797C notice of Action, receipt notice to the.gov website Looks like H4 premium will be. Lawsuit history, updates, the case was in different courts over years..., it has been granted H1B status Under sections 106 ( a ) and (.! Rule wont apply for 221g work authorization ( assuming all conditions are met.! If H1B I140 is approved for Eligibility other professionals and democrats decided to not terminate H4 EAD there. Work permit that allows the spouses of H-1B and L-1 visa holders came in two separate legal.... Legal settlement effective as of now waiting for Perm, will there be processing. Viewrule=True & rin=1615-AC73 & meetingId=118573 & acronym=1615-DHS/USCIS currently a proposal to revoke this program the plaintiffs! Of Action, receipt notice things you should know about the process Creation of Record ( Adjustment based on status...
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