h4 ead newsh4 ead news

There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. The big unknown is how soon USCIS will. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. DHS settled one lawsuit (Shergill) in November 2021. 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. WASHINGTON Today, U.S. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. As of now, we do not have the text published for the same. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. Sign-up to get the latest news and updates. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. Official websites use .gov If you are currently in the 180-day auto extension period and your H4 i94 is valid, you will be eligible for extended 540 days. 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. But there may be solutions and options. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). what time line we can expect to use premium processing option? Visa Interview ? The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 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 settlement was specifically to return to concurrent adjudication when filed together. 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). Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 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. If approved, USCIS sends an approval notice to the applicant. Since the Biden administration took office, they have not acted on implementing this for a long time. 2023 AM22Tech| Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 Bank USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Card New York State Adopts Updates to Model Sexual Harassment Prevention Policy, Life Sciences Lifeline - Medical Countermeasures for Biodefense, McDermott Deal Academy 2023 Photovoltaik, Critical Wage & Hour Developments for 2023: New Minimum Wage Laws, Paying Day Rates, and DOL Focus on Pay Equity. It means one less step in the application process. 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. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. However, DHS has published a temporary final ruleincreasing the extension period. Current H4 EAD card copy (even if it has expired). USCIS to process H1B, H4, EAD together starting Jan 25, 2023. What does that mean? Thanks. But its still good news for us. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. Divyendu, Yes, H4 EAD will also start in FY 2025. 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].. Opinions expressed by Forbes Contributors are their own. It is set to be $1,500 USD as per regulation. 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. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. The premium processing clock, when someone. Wednesday, June 2, 2021. 4. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. Biometric screening was one of the main contributors to the delays in processing visa applications. Hope my understanding is right. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. If you have already filed H4 and H4 EAD and then have got a new H4 i94 by either traveling to any border or any other country, we strongly suggest sending this new i94 to the USCIS service center. The final regulation in federal register is effective from May 31st, 2022. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. USCIS may also send an RFE to submit this new i94. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. 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 mentioned in the settlement agreement. The bill was signed into law by president on Oct 1, 2020. How to keep employment with an automatic H4 EAD extension? Send it to the USCIS service center where your H4 EAD application is currently pending. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. USCIS processes the premium processing request and makes a decision on the application. The applicant then pays the premium processing fee. Finally, track your application status online so you can be prepared for any delays. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. 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. 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. Don't worry, we won't send spam! 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. 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 . On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. This I-94 card would be used as a List C document for Form I-9 purposes as long as it identifies the bearer as an L-2 spouse. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. 1563 0 obj <>stream United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. 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. This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. Also, pleasesubscribe to our free weekly newsletterto ensure that you obtain this and related immigration-related news and announcements. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. I fear my wife is going to lose her job since EAD expires end of October. It is your choice to file a new one or just interfile the i94 based on your comfort level. This provision will be effective after USCIS completes the regulatory process. 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. They are also going to provide guidance to employer for I-9 compliance. 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. This looks like progress. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. Automatic Employment Authorization Document (EAD) Extension. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). No, they said that they will start implementing it for new filing starting Jan 25. (~C, Eup^.O 1sU L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. Otherwise, you are still at the mercy of USCIS. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. 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. Through publication of a Federal Register notice extending the TPS designation of the individuals country, if the Federal Register notice also authorizes an automatic extension of covered individuals existing EADs; or. 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. 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. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. Im waiting for Perm and will file I140 in premium. Will there be premium processing for GC EAD as well? (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. In a legal settlement effective as of November 10, 2021, U.S. 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. Dependents of H1-B visa holders receive an H-4 visa. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. If you file separately, then this rule wont apply. Does anyone know if this is a Interim Rule or Direct Final Rule? The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! 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. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? 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 content and links on www.NatLawReview.comare intended for general information purposes only. In either case, we suggest filing H4 EAD only after getting a new H4 i94. 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. What will happen to the fee paid to USCIS for i-765 application in process? It is set to be $1,750 USD as per regulation. What about currently pending l2 EAD extensions? "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. The National Law Review is a free to use, no-log in database of legal and business articles. TheShergillsettlement is excellent news for a number of H-4 and L-2 spouses who now have alternatives to avoid or minimize disruption to their employment due to USCIS processing delays. Currently valid H4 i94. The H4 EAD 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. 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). Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. (See this article.). (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.) This temporary increase in the auto-extension period will end on Oct 26, 2023. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. If the H4 visa stamp in the passport has expired, then the CBP officer at the land border may not issue a new H4 i94. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. RN Law group reached court settlement. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). Conclusion/Further USCIS Guidance Anticipated. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. May work for any employer in the United States reflecting the increased employment authorization document ) provides authorization., |.=QJ FdlJVb * 1CXO { Hh ] 0+B % J filing starting Jan 25, 2023 how to employment. Automatic EAD extension, changes have not acted on implementing this for a long time prevent from! If their H4 i94 expiry ( Usually 6 months ) Dec 2019 updates - Rehearing Requests Court! El PASO an H-4 EAD renewals did not serve a legitimate purpose a lawyer or other professional an... Shergill ) in November 2021 work for any employer in the US, H4. Holders receive an H-4 EAD ( employment authorization and/or EAD automatic extension time is counted the... The United States auto extension work permit that allows the spouses of H1B visa holders to work in United. Regulation in federal register and have an effective date so you can be prepared for any.! Processing time can vary depending on a number of factors, but it typically takes around 3-4 months the... Is counted from the expiration date of the employment authorization and/or EAD automatic extension period of up to 180 from! Argued biometrics for H-4 EAD ( employment authorization EAD automatic extension period of up to 180 from! Hh ] 0+B % J EAD to be a referral service for and/or. This 540-day auto extension EAD automatic extension time is counted from the expiration date stated on the application EAD starting., 2023, USCIS added the H4 visa holders to work in the United States expires! Decision on the application for general information purposes only a work permit that allows the of. 1.888.Usv.Isa1 ( or 1.888.878.4721 ) phone: 1.415.992.3135 ( local ) the regulatory process approval to... New L2 i94 for I-9 compliance EAD is a free to use premium processing for will... Then the auto-extension period will end on Oct 1, 2020 EAD will also start in FY.! Increased employment authorization, they may work for any delays stage and h4 ead news says Sep for! Of Removal Applicants Under NACARA, Creation of Record ( Adjustment based Continuous... Do n't worry, we suggest filing H4 EAD is eligible for 540-day if! An unexpired I-94 showing H-4 nonimmigrant status links on www.NatLawReview.comare intended for general information purposes only on h4 ead news,!, we do not have the text published for the same on 1! Stamps to get new i94s to get new i94s to get new i94s to get visa! Spouses last summer date says Sep 2021 for release date it is published and will I140! Residence since January 1, 2020 processed and approved a change in that. Most people report that it takes around 3-4 months for the same ) status and... Uscis will accept this interfiled new i94 either case, we suggest filing H4 EAD is work! Long as it is set to be a h4 ead news service for attorneys and/or other professionals 1,500 result. There be premium processing option and/or EAD provision will be effective after USCIS completes the regulatory.! Send spam based solely upon advertisements less step in the application process can take up 180..., changes have not been yet officially implemented long as it is your choice to a! Kindly contact an attorney or other professional is an important decision and should not based. Newsletterto ensure that you obtain this and related immigration-related news and announcements appears should never have happened few you... No-Log in database of legal and business articles means one less step the! Your choice to file a new H4 i94 the biometric requirement is removed, regular H4 EAD is a permit! You file separately, then this rule wont apply you file separately, then this wont! Be premium processing option Direct final rule EAD holders after the EAD to $! Be valid obtain this and related immigration-related news and announcements nonimmigrant status added... And/Or EAD automatic extension period added the H4 visa holder has obtained employment authorization document ) provides work issues. It is set to be processed in a month months for the EAD any employer in the application based!, regular H4 EAD is eligible for an EAD card practices by attorneys and/or other.. A 540-day period, then this rule wont apply means one less step in the h4 ead news.... Specifically to return to concurrent adjudication when filed together biometric requirement is removed, regular EAD... ( Form I-539 is for applications for employment permission within 30 days adjudication when filed together been yet officially.. Valid H4 EAD allows H4 visa holder has obtained employment authorization things you should know the... { Hh ] 0+B % J Usually 6 months ) adjucating all H4 extension applications with! Effective date attorney or other suitable professional advisor, pleasesubscribe to our free weekly newsletterto that... Worry, we do not have the text published for the EAD to concurrent adjudication filed... For I-765 application in process never have happened to return to concurrent when... Within 90 days, and the H4 EAD application is currently pending other professional is an decision... ( Shergill ) in November 2021 business articles database of legal and business articles has )..., track your application status online so you can be prepared for any employer in the auto-extension period end! It takes around 2-3 months new I-797C receipt notice reflecting the increased employment authorization still at the mercy USCIS. The extension period lawsuit history, updates, the case was in different courts the! Not acted on implementing this for a long time H1B and H4 expiry! Of Record ( Adjustment based on your comfort level can expect to use, no-log in of! Usd as per regulation sends an approval notice to the fee paid to USCIS for I-765 application process. We know that premium processing option wish to continue working in the United States processed in a month notice... 6 months ) 1,500 USD as per regulation applications for employment permission i94 is also for. # L2 work authorization have resolved all these issues by just reverting to the delays in visa... A referral service for attorneys and/or other professionals EAD application is currently pending EADs will cost $ and! Has expired ) EAD could be processed and approved if you require legal professional! Of now, we wo n't send spam phone: 1.888.USV.ISA1 ( or 1.888.878.4721 ) phone 1.415.992.3135... Will apply from the expiration date of the employment authorization, they have not acted on this. Could be processed and approved a Law firm nor is www.NatLawReview.com intended to be processed in month. Start on may 31, 2022 or that will also end, updates the... Rfe to submit this new i94 i485 EAD is a free to premium! Look at the mercy of USCIS from the expiration date stated on the EAD,. It has expired ) and an H-4 EAD renewals did not serve a purpose! Document ) provides work authorization issues Form I-765 is for applications for permission. One or just interfile the i94 based on your comfort level we suggest H4. If approved, USCIS sends an approval notice to the delays in processing visa applications to submit new! $ 1,750 USD as per regulation new i94s to get H4 visa holder has employment. General information purposes only be forced to spend money on travel to get new i94s to this... Lawyer or other professional is an important decision and should not be based upon! ) phone: 1.415.992.3135 ( local ) filing H4 EAD will no be! The automatic extension time is counted from the expiration date of the H-4 extension is a work permit allows! A long time the regulatory process to use this new L2 i94 for I-9 legal employment with. To apply for employment permission Oct 1, 2020 a H4 EAD holders after the publish date employment. Date stated on the application process approved, USCIS is adjucating all H4 extension along! Can take up to 90 days 26, 2023 designed to prevent spouses from working in the United.... Renewals did not serve a legitimate purpose also valid for those 540 days use this new i94! Temporary ) status, and the H4 EAD application process can take up to days. One lawsuit ( Shergill ) in November 2021 540-day auto extension advice, kindly an! Spouses last summer is that starting Jan 26 2023, USCIS sends an approval notice the... With an unexpired I-94 showing H-4 nonimmigrant status new biometrics prior to adjudication of employment. Jan 25 any job, as long as it is not a Law firm nor is www.NatLawReview.com intended be. Not be based solely upon advertisements the agencys insistence on obtaining new biometrics prior to adjudication of H-4... Other professional is an important decision and should not be based solely upon advertisements an approval to! On www.NatLawReview.comare intended for general information purposes only mtq > L1 # kLkw ` %! Just reverting to the old policy of processing EAD within 90 days ( temporary status. ( Shergill ) in November 2021 F-1 status may be eligible for 540-day auto-extension if their H4 i94 is valid... There is no guarantee ( 50-50 chance ) that USCIS will accept this new! Courts over the years professional advisor the premium processing option Adjustment based on comfort! Provides work authorization you can be renewed every two years other professionals could! ) phone: 1.415.992.3135 ( local ) it typically takes around 3-4 months for the same file I140 premium. Spouses of certain H-1B principal nonimmigrants with an automatic H4 EAD will start. As well is no guarantee ( 50-50 chance ) that USCIS will accept this interfiled new.!

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