It is not a priority for Trump Administration. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. 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. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. 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. USCIS will post the text for public inspection at least a day before the rule is officially published. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). (~C, Eup^.O 1sU Input your search keywords and press Enter. Official websites use .gov (Photo by John [+] Moore/Getty Images). Citizenship and Immigration Services (USCIS) district office in New York City. 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. How to Check US Visa Status Online? +vp F^9}}X6x]6S. If the h4 biometric requirement is not removed, we suspect the delays will still be there. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. 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. It is set to be $1,500 USD as per regulation. 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. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. The settlement was specifically to return to concurrent adjudication when filed together. Amanda practices in the Austin office of Ogletree Deakins. - "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. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. Does anyone know if this is a Interim Rule or Direct Final Rule? 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. 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. 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. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. DHS has withdrawn the EAD revocation rulemaking process. RedBus2US.com 2010 - 2023, All Rights Reserved. As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. In May, USCIS eliminated the biometrics requirement for some applications, including H-4 and L-2 applications, in response to a declaration in Edakunni, but . 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. See the below timeline for additional details. It may take few months at least. Sign-up to get the latest news and updates. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. The first step is to file an I-129 petition with USCIS. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? 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. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. 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. 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. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The auto-extension of 540-day starts immediately on May 4, 2022. This article will guide you through the process and everything about the H4 EAD process. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. 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. They are prioritizing F1 OPT for Form I-765 in FY 2022. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. So if I understand correctly, the automatic 180 day extension will only be valid if one has/had an H4 EAD already and they are waiting on their extension. Im waiting for Perm and will file I140 in premium. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. 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). During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. 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. 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. The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). 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. You will also need to pay the filing fee. 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. There is currently a proposal to revoke this program. 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. * 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). A .gov website belongs to an official government organization in the United States. The pre-Shergill settlement approach generally was to try file the H-1B premium processing, H-4 extension and H-4 EAD applications concurrently and then, once the H-1B is approved, seek to expedite the pending concurrent H-4 and H-4 EAD applications. 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. 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. WASHINGTON Today, U.S. 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. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. 3. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. 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].. 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. Prior to March 2019, USCIS would generally adjudicate an H-4 dependent petition and the H-4 EAD application at the same time as the H-1B petition from the same family. 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. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. The H4 EAD is valid for two years and can be renewed indefinitely. Washington, DC OfficeAddress details and contact form. H-1B Alternatives: What Are The Available Visa Options? Once the biometric requirement is removed, regular H4 EAD could be processed in a month. They are also going to provide guidance to employer for I-9 compliance. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Any idea when OMB will process this request. Thanks. Prior to the Trump administrations change in policy, H-1B and L-1 spouses did not go without employment authorization or fall out of status because of the governments process at USCIS, said Jon Wasden in an interview. CEAC Website, Errors Info. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. L-2 Spouses Settlement Terms and Changes. H4 & EAD premium processing starting May 31, 2022. The EAD will allow the holder to work in the United States for a specific period of time. 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