Official websites use .gov The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). Please note that 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. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. ), 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. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. What is H4 EAD visa? 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. Practice limited to federal immigration law. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. The National Law Review is a free to use, no-log in database of legal and business articles. L2 visas are provided to L1 visa holders dependant wives and children under 21. USCIS reviews the application and makes a decision. If approved, USCIS sends an approval notice to the applicant. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. The first step is to file an I-129 petition with USCIS. USCIS processes the premium processing request and makes a decision on the application. hj@_e. I write about globalization, business, technology and immigration. Information shared on this website is for educational purposes only and should not be taken as legal advice. It is unclear when a decision will be made on the fate of the H4 EAD, but it is important to stay up-to-date on the latest developments. Join us for our weekly, Managers and Executive Transferees (EB-1C), Outstanding Researcher/ Professor (EB-1B), Motions to Reopen/Reconsider (MTR) and Appeals, Reentry Permits (Form I-131) and Expedited Processing, Visas for Entrepreneurs and Startup Companies, USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses, broader pending EAD 180-day work authorization rule from 2017. 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. Premium processing for H4 EAD has not been announced yet. Below are the screenshots of the official text in the regulation that talks about it. PTI Updated Apr 08, 2022, 7:35 AM IST This would remove the. WASHINGTON U.S. 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). If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 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. The H4 EAD application is filed with USCIS. Has been granted H1B status under sections 106 (a) and (b . To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. 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. A, We need to wait. 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. 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. 6. Thanks. You may opt-out by. Hope my understanding is right. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Statement in compliance with Texas Rules of Professional Conduct. 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. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. The auto-extension of 540-day starts immediately on May 4, 2022. At the time of the settlement agreement and the publication of this article, USCISs policy manual had not been updated to implement the terms related to bundled adjudication. 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. In the past, it was approved in under 90 days. Why US Visa Status on CEAC says Refused for 221g ? Share sensitive information only on official, secure websites. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. You would be able to start working as soon as you enter the US with L2 status. The plaintiffs in Kolluri v. USCIS charged the new policy to supply biometrics was designed purposefully to cause many spouses of H-1B visa holders to lose their work authorization. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. 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. 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. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Citizenship and Immigration Services' (USCIS) adjudication. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). 2. 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. 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. Dependents of H1-B visa holders receive an H-4 visa. 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. Blogitivity Media FZ LLC, Ajman Media City UAE. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. Your email address will not be published. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Allow earlier filing of EAD renewals. But its still good news for us. This means that most H4 i94 would be having the same expiry date as the EAD expiry.Hence, in this case, there will be no auto H4 EAD extension. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Thanks. To be eligible for the H4 EAD program, the H-1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H-4 visa. 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). H-1B Cap Lottery Completed; Petitions Must Be Filed by June 30, April 2023 Visa Bulletin EB-2 and FB-2A Retrogression, USCIS Ends COVID-Related Flexibilities and Deadline Grace Periods, March 2023 Visa Bulletin No Movement; Retrogression Expected, H-1B Cap Lottery Completed - Next Steps and How We Can Help. 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. For example, it cannot be used for self-employment or starting your business. Once Biden administration takes office, they make take it up. Current H4 EAD extension/renewal receipt notice copy. The content and links on www.NatLawReview.comare intended for general information purposes only. 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. 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). Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? (See this article.). It is not mentioned in the settlement agreement. 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. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. I fear my wife is going to lose her job since EAD expires end of October. 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. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. We will also send corrected paper receipt notices by mail. "EADs are included in the rule," said Miner. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. Note that you cannot use an automatic work permit if you change your status from l2 to something else. 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. *Currently licensed in New York only. They are prioritizing F1 OPT for Form I-765 in FY 2022. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Citizenship and Immigration Services (USCIS) district office in New York City. Any update when will this be implemented , it is pending since oct 2020. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. 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. Sensible Changes (Which are not done but policy existed prior to 2019). No, H4 cannot start working without first getting the EAD card in hand. DHS settled one lawsuit (Shergill) in November 2021. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. But there may be solutions and options. A new patchwork has been added. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. 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). The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. (Photo by John [+] Moore/Getty Images). If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. 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. %PDF-1.6 % Is my understanding right. Categories Eligible for Automatic Extensions. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. California to Consider Requests to Defer Compliance with Labor FCC Adopts Rules to Combat Illegal Texts; Seeks Comment on Revising Supreme Court Holds that Constitutional Challenges to Administrative Chinese Live Streamer Sentenced to 1 Year 10 Months Prison Term for Access to Abortion Pill in Limbo: Navigating the Intricacies of NYC Comptrollers Shareholder Proposal Threatens to Curb Employers Noncompete Provisions in Employment Agreements: Pending CA Legislation Further OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For guidance on completing Form I-9 covering automatic extensions and proof of employment authorization for hiring, rehiring, and reverification, as well as all other Form I-9-related guidance, visit I-9 Central. Most importantly, when using this methodology, dependent spouses rarely faced job loss due to delays by USCIS., Trump administration officials expressed interest in rescinding a regulation finalized during the Obama administration that granted work authorization to the spouses of H-1B visa holders with approved immigrant petitions (i.e., typically long-pending employment-based green cards). * For more information on the options available to demonstrate employment authorization for E spouses and L spouses, see E-1 Treaty Traders page (Family of E-1 Treaty Traders and Employees section), E-2 Treaty Investors page (Family of E-2 Treaty Investors and Employees section), E-3 Certain Specialty Occupation Professions from Australia page (Family of E-3 Nonimmigrant Workers section), L-1A Intracompany Transferee Executive or Manager page (Family of L-1 Workers section), or L-1B Intracompany Transferee Specialized Knowledge page (Family of L-1 Workers section). Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. For a time, U.S. Washington, DC OfficeAddress details and contact form. H-4, dependent visa holders and the Employment Authorization Document (EAD) that they are eligible to receive since 2015 has been in the news lately and this time it is for a good reason. 65 Acrylamide Suit Under Revised Warning. 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. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. It is not a priority for Trump Administration. Make take it up by FY 2025 approved in under 90 days on families who are currently relying it... 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