(Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. To calculate whether there is any automatic extension time remaining, count 540 days from the expiration date stated on the front of the EAD, or use this calculator. 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. Hope my understanding is right. They are also going to provide guidance to employer for I-9 compliance. But its still good news for us. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. 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. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. If you have filed the H4 EAD for the first time, you need to wait until you get the card in your hand to start working. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. 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). The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. What is H4 EAD visa? January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). However, DHS has published a temporary final ruleincreasing the extension period. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. Specifically, L-2 spouses would be deemed to have work-authorization based solely on their L-2 status, which can be demonstrated by a valid I-94 specifying that the L-2 is the spouse of an L-1 nonimmigrant. Divyendu, Yes, H4 EAD will also start in FY 2025. National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. 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].. Visa Interview ? It is not mentioned in the settlement agreement. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. It is set to be $1,500 USD as per regulation. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. You may opt-out by. Current H4 EAD extension/renewal receipt notice copy. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. 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. No, they said that they will start implementing it for new filing starting Jan 25. The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. 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. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. 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 time of extension will be based on the rules mentioned above. Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. Biometric screening was one of the main contributors to the delays in processing visa applications. 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. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. 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. She has extensive experience in employment-based immigration across non-immigrant visas in the H, L, E, O, P, and TN classifications and immigrant visas in all preference categories (focusing on PERM, EB-1, and EB-2 NIW). To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. This provision will be effective after USCIS completes the regulatory process. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. It seems that life for high skilled H1B and their families is not easy. 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. 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. The first step is to file an I-129 petition with USCIS. how long it take effective ? Required fields are marked *. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. | +vp F^9}}X6x]6S. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. Big changes announced by USCIS. what time line we can expect to use premium processing option? 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). H4 EAD March 2020 Update. We have, Copyright | All Rights Reserved | Capitol Immigration Law Group PLLC |, We provide many opportunities for clients and readers to learn about new developments, ask questions or simply comment. [DjbX[.H@7ZE~}$(R(ppIAq8e If you file separately, then this rule wont apply. 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. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. We will update this page as soon as we get any concrete information. 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. DHS did not settle the Edakunni lawsuit until January 2023. 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. Under current USCIS policy, L-2 spouses have been eligible to apply for EAD immediately upon being granted L-2 status but employment was not authorized until the EAD card was approved. Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. If approved, USCIS sends an approval notice to the applicant. 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. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. 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. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. DHS settled one lawsuit (Shergill) in November 2021. Send it to the USCIS service center where your H4 EAD application is currently pending. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. What is the current processing time of application filed in vermont SVC ? Is my understanding right. (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.) Some attorneys also suggest filing an entirely new H4 EAD application to avoid the risk of denial since USCIS may actually deny your underlying H4 extension and then EAD. Premium processing for H4 EAD has not been announced yet. ALERT:Certain TPS beneficiaries and applicants who electronically filed Form I-765, Application for Employment Authorization, did not receive a receipt notice or their receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. It is unclear whether the H4 biometric requirement is going away. CMS Updates Guidance and Survey Process for Home Dialysis Services in Revised Texas PUC Registration Requirements and Texas Legislative FDA Cautions Industry on the Food Safety Risks of Transferring Genes Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Legal Food Talk Episode 20: Whats Popping? 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. Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a temporary treatment benefit. 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. Terms of Service First, make sure you have all the required documents. For example, it cannot be used for self-employment or starting your business. 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. Save my name, email, and website in this browser for the next time I comment. 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). USCIS will post the text for public inspection at least a day before the rule is officially published. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. See the below screenshot for both H4 and H4 EAD premium processing details. Now that biometric screening is suspended, new applications can be processed much faster. What about currently pending l2 EAD extensions? 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. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. 6. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. Share sensitive information only on official, secure websites. (. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. 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. Another way is to travel outside the US and then get a new H4 visa stamp and re-enter the US to get a new H4 i94. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. We expect the USCIS to provide the benefit to pending H4 EAD applications too. See the below timeline for additional details. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Washington, DC OfficeAddress details and contact form. "EADs are included in the rule," said Miner. 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. 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. Applicants are eligible to apply for an H4 EAD if the H1B visa holder: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or. 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. H4 EAD PP is not being implemented in near future. 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. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. We will also send corrected paper receipt notices by mail. If premium processing were used, adjudications would take place within 15 days. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. USCIS will also provide premium processing option for H4 EAD applicants. In addition, the H4 EAD is only valid for certain types of employment. Input your search keywords and press Enter. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. 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. USCIS was challenged in a lawsuit (Shergill et al, v Mayorkas, 21-cv-1296-RSM) as a result of long-delayed EAD applications for certain nonimmigrant spouses. 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. This will not change/help anyone who is filing for a fresh/new H4 EAD card ? It was with the Office of Management and Budget (OMB) for a long time until February 2022. Approve H4 and H4 EAD along with H1B premium, Allow filing H4 EAD extension before 540 days of its expiry. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). H4 EAD program was created in 2015 as a way to help reduce the burden on H-1B holders who are waiting for their green cards. The premium processing clock, when someone. As of now waiting for Perm, will file I140 in premium. 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.