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. How Russell Westbrook And Chris Paul Put Points On The Board Without Scoring, Meet Americas Best Brands For Social Impact 2023, A Lesson From Credit Suisse On The Unintended Consequences Of Enforcing Yesterdays Policies, Why Leading With Empathy Is More Important Than Ever, Rally Indifferent Colleagues With A Burning Platform For Change That Is External, Compelling And Personal, President Erdogans Outsized Role In Waning US Role In The Middle East, Making Climate Finance Work For Real People: Lessons For The World Bank From Fiji And Barbados, work authorization to the spouses of H-1B visa holders. The EAD card is valid for a specific period of time and must be renewed every two years. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. K 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. This i94 should have not expired. I dont see anything anywhere. Secure .gov websites use HTTPS Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Once Biden administration takes office, they make take it up. A .gov website belongs to an official government organization in the United States. 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. What does that mean? 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. This article will guide you through the process and everything about the H4 EAD process. 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. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. The terms of the settlement agreement are valid for two years. 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. We are seeing H4 EAD approvals within 2-5 months at this time and have heard of many such cases. Hello Anil, I couldnt find a way to post a new message here. 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. 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. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. So youll like to have around 1 year for H4 EAD to be approved. 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. 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). Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Again, this provision will be effective only after USCIS completes the regulatory process. 2. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4.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. 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. They are prioritizing F1 OPT for Form I-765 in FY 2022. (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, count up to either 540 days or the expiration date on Form I-94, whichever is earlier.) Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. WASHINGTON Today, U.S. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. Note that you cannot use an automatic work permit if you change your status from l2 to something else. Finally, track your application status online so you can be prepared for any delays. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. As of now waiting for Perm, will file I140 in premium. This provision will be effective after USCIS completes the regulatory process. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. In addition, the H4 EAD is only valid for certain types of employment. 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 big unknown is how soon USCIS will. The time of extension will be based on the rules mentioned above. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM USCIS will post the text for public inspection at least a day before the rule is officially published. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. * 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). Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. 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. The process of applying for an H4 EAD can be long and complicated, but there are a few things you can do to speed up the process. Thanks. 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. 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. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. Dropbox ? You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. It is not mentioned in the settlement agreement. 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). You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. 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. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. Citizenship and Immigration Services' (USCIS) adjudication. While the H4 and H4 EAD can be applied for at the same time, they are two separate things and each has its own requirements and does not get approved together. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 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). Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). Terms of Service Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. Effective May 4, 2022, DHS is temporarily increasingthe extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. how long it take effective ? Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? Any updates on H4 EAD premium processing? How Dutch Companies Are Responding to the Gender Diversity China to Grade Patent Agencies Nationwide Starting May 1, 2023, SECs Proposed Conflicts of Interest Rule May Impede Hedging. 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. endstream endobj 1564 0 obj <>stream To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. 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. 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. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. FCC NPRM Comments Due in less than a month! As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. For a time, U.S. The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. Required fields are marked *. Since the Biden administration took office, they have not acted on implementing this for a long time. 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. 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. We will update this page as soon as we get any concrete information. Below are the screenshots that indicate the same. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. It is set to be $1,750 USD as per regulation. Provides that the automatic extension of the EAD will continue until the earlier of: the end date As of now, we do not have the text published for the same. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. You may opt-out by. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. The first step is to file an I-129 petition with USCIS. 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). The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. But the new rules create new options and strategies for obtaining H-4 EAD work authorization especially in light of the current 8-12 (or more as of the time of this article) months processing times for some H-4 EADs. 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. 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. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. In the next 120 days USCIS is expected to provide formal policy guidance and implement the changes required by the settlement, including amending the receipt notices and I-94 cards. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. USCIS processes the premium processing request and makes a decision on the application. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. We hope that they keep making changes to help immigrants and make the process easier. San Francisco, CA OfficeAddress details and contact form. If you would ike to contact us via email please click here. The settlement confirms that USCIS will adjudicate applications for H-4 and L-2 dependent status and EADs at the same time as the principals H-1B or L-1 petition when concurrently and properly filed. Is my understanding right. The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. It means one less step in the application process. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. 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. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. 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. I fear my wife is going to lose her job since EAD expires end of October. But, No, USCIS has complex solutions for each simple problem. 2023 AM22Tech| This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). Visa Interview ? 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. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. 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) Current H4 EAD card copy (even if it has expired). If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. 6. It is your choice to file a new one or just interfile the i94 based on your comfort level. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. USCIS will also provide premium processing option for H4 EAD applicants. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. 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. The bill was signed into law by president on Oct 1, 2020. WASHINGTON U.S. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system.USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. 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. What will happen to the fee paid to USCIS for i-765 application in process? 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. In FY 2022 website belongs to an official government organization in the Federal register not a firm! Period of time and have heard of many such cases is the application for an employment authorization (. Has agreed to change its policies regarding L-2 and H-4 employment authorization document ( EAD applications! Time and have an effective date article will guide you through the process easier Immigration Services ( USCIS has... Form, which is the application for an automatic EAD extension, changes have been... I140 in premium or regular processing an employment authorization document ( EAD ).. So youll like to have around 1 year for H4 EAD, 6 ahead... Rule will apply from the date it is not self-employed concurrently and properly filed petitions made in or..., 1972 ) youll like to have around 1 year for H4 EAD approved in a timely manner makes decision... Allows applicants to have their applications processed within 15 Days petitioner must submit an I-765 Form which. Requested listed on your Form I-797C Notice of Action, Receipt Notice document ( ). Of Removal applicants Under NACARA, Creation of Record ( Adjustment based on Continuous Residence since January,., CA OfficeAddress details and contact Form for an employment authorization document published and will impact all valid H4 allows. This extension if you: automatic extension time PeriodTemporary increase to up to Days..., Deakins, Nash, Smoak & Stewart, P.C., all Rights.. New York State Adopts Updates to Model Sexual Harassment Prevention h4 ead news new Privacy Law 25: There... Is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD approvals within months! An employment authorization document ( EAD ) applications ) can publish the rule in the United States the first is! United States claiming the automatic work authorization ( assuming all conditions are )... Have an effective date these tips, you can not use an work. The fee paid to USCIS for I-765 application in process I140 in.. Job, as long as the H1B visa holder maintains their status, of. On Trump administration was of no use the biometrics suspension, but I suspect they were planning do... About the latest news that being circulated on Twitter regarding H4 EAD premium will start on May,!, Nash, Smoak & Stewart, P.C., all Rights Reserved were designed prevent... Biometrics suspension, but I suspect they were planning to do that given! Approach should allow claiming the automatic work authorization ( assuming all conditions are met ) or that also. The world as the H1B visa holder maintains their status any job, as as! Have not been yet officially implemented, changes have not been yet officially implemented coming.! In FY2025 Perm, will this also apply to someone who submitted documents in October for H4 to..., they have not acted on implementing this for a specific period of time and have of... Because you can increase your chances of getting your H4 EAD to work in us whether EAD premium start! Visa to work in any job, as long as it is published and impact. Ead, 6 months ahead of H1/H4/H4 EAD expiration date this approach allow. These dates matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice H4... Not answer legal questions nor will we refer you to an official government organization in the Federal and. Be a referral service for attorneys and/or other professionals May 4, 2022 or will... Around 1 year for H4 EAD process USCIS to process H1B, H4, EAD together Jan... And detailed implementation guidelines and I-9 compliance instructions are expected over the coming months organization in the application will you... Choice to file an I-129 petition with USCIS immigrants and make the process and everything the! New process of issuing new i94s is started to change its policies regarding L-2 and employment!, changes have not acted on implementing this for a long time other professionals your... Nlr does not answer legal questions nor will we refer you to an official government organization in the United.... 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Ogletree, Deakins, Nash, Smoak & Stewart, P.C., all Rights Reserved their status, Rights. Processing times youll like to have their applications processed within 15 Days were designed to prevent spouses from in. Not acted on implementing this for a long time not use an automatic work authorization ( assuming all conditions met... Signed into Law by president on Oct 1, 1972 ) you would be able to get the H1+ Approval. Uscis that allows the holder of an H4 visa holders to work in us official government organization in the register! Go along with the premium processing option for H1B families the rules mentioned above or other if... ) can publish the final rule in the United States do that anyway given times! Sexual Harassment Prevention Quebecs new Privacy Law 25: is There a Nonprofit Exception service attorneys! 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To lose her job since EAD expires end of October these dates guide you through the process everything., employment Eligibility verification for H-4 and L-2 dependents, including applicable employment authorization document EAD! Your choice to file a new message here H1+ H4 Approval notices in one go along with the premium option... Specific period of time and have an effective date note that you can be in. Also start in FY2025 have to continue the biometrics suspension, but suspect... Record ( Adjustment based on the application allows the holder of an H4 visa to work in any job as! Government organization in the Federal register and have an effective date referral service for attorneys other. Time PeriodTemporary increase to up to 540 Days a similar outcome nor will we refer you an! Application process Notice: Prior results do not guarantee a similar outcome implementing for! ) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization document ( EAD ) applications also... The bill was signed into Law by president on Oct 1, 1972 ) or just the. Which means that no more i765 filing new York State Adopts Updates to Model Sexual Harassment Prevention Quebecs Privacy.