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. Can you work in the US with an F1 Student Visa? See the below screenshot for both H4 and H4 EAD premium processing details. L-2 spouses who hold an I-94 that does not indicate their spousal status may need an EAD in order to work, until they receive an I-94 with an L-2 spouse annotation (by doing L-2 extension or a new I-94 issued at the port of entry upon arrival into the U.S.). Biometric screening was one of the main contributors to the delays in processing visa applications. 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. The premium processing clock would only commence after the. Why US Visa Status on CEAC says Refused for 221g ? 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 . If you would ike to contact us via email please click here. Get all 3 approved in 15 days using premium. Secure .gov websites use HTTPS The H4 and H4 EAD are two different things. This is a BIG change. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. They are prioritizing F1 OPT for Form I-765 in FY 2022. Big changes announced by USCIS. This looks like progress. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. endstream endobj 1565 0 obj <>stream It is not a priority for Trump Administration. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. NOTE: Individuals with a TPS-based EAD may receive an automatic extension of their EAD: NOTE: F-1 students who have a pending STEM optional practical training (OPT) extension application are not eligible for thetemporary increaseof the automatic extension period under thetemporary final rulepublished on May 4, 2022. 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. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. 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. This provision will be effective after USCIS completes the regulatory process. Thanks. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). You can send this new i94 along with the cover letter attached to the RFE response letter. Hi, will there be a 60-day comment period post publication of the rule in the federal register? Currently valid H4 i94. Could you please comment on this one. Required fields are marked *. 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. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. 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. Also, pleasesubscribe to our free weekly newsletterto ensure that you obtain this and related immigration-related news and announcements. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. Washington, DC OfficeAddress details and contact form. 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. FCC NPRM Comments Due in less than a month! 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. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Employers should complete Form I-9 using the same guidance applicable to those who present a Form I-797C Notice of Action receipt notice indicating that the Form I-765 renewal application was filed before May 4, 2022, and that states the normal 180-day automatic extension period. Blogitivity Media FZ LLC, Ajman Media City UAE. 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. 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. 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. During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. Thank you so much for the explanations! January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). The settlement was specifically to return to concurrent adjudication when filed together. In a legal settlement effective as of November 10, 2021, U.S. Has been granted H1B status under sections 106 (a) and (b . [DjbX[.H@7ZE~}$(R(ppIAq8e Applicants are eligible to apply for an H4 EAD if the H1B visa holder: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. 3. The content and links on www.NatLawReview.comare intended for general information purposes only. I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? hMO0oW NEA*]%Y}X We expect the USCIS to provide the benefit to pending H4 EAD applications too. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ You may opt-out by. Second, submit your application as early as possible. 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. Current H4 EAD extension/renewal receipt notice copy. Big changes announced by USCIS. Hello Anil, I couldnt find a way to post a new message here. What is H4 EAD visa? It is set to be $1,750 USD as per regulation. 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. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. 2. Now that biometric screening is suspended, new applications can be processed much faster. H-4 and L-2 spouses: USCIS will soon issue guidance so that an H-4 or L-2 nonimmigrant will qualify for automatic extension of his/her valid EAD for 180 days beyond the date of the EAD expiration . Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). (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.) Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. This temporary increase in the auto-extension period will end on Oct 26, 2023. The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. 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. 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. Looking for U.S. government information and services? See the below timeline for additional details. DS160 Form Full Guide to Filling & Submission, 21 Cheapest & Affordable Colleges in USA for International Students, How do I get a replacement Social Security Card for my child online, What Is The Visa For Parents To Visit Their Children In USA, Can You get US Citizenship after Student Visa. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. It is planned to be implemented by FY 2025. (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. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. 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. Below are the screenshots of the official text in the regulation that talks about it. 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. To mitigate this situation, we suggest these steps: These steps do work with 100% success if your H4 visa stamp in the passport is still valid. Save my name, email, and website in this browser for the next time I comment. Information shared on this website is for educational purposes only and should not be taken as legal advice. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. There is no concrete date given yet. 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. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. "EADs are included in the rule," said Miner. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. RN Law group reached court settlement. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. 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. 5. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. No, H4 cannot start working without first getting the EAD card in hand. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. It is called public law 116 159. So, I used the reply option. 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). ALERT: For certain applicants who electronically filed Form I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal, the receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. Allow earlier filing of EAD renewals. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. These are just a few representative testimonials. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. After a long wait, finally, on March 30th, 2022, DHS. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. USCIS will also provide premium processing option for H4 EAD applicants. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. As of now, we do not have the text published for the same. | The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. (. 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. The auto-extension of 540-day starts immediately on May 4, 2022. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. Weekly IRS Roundup April 10 April 14, 2023. L2 visas are provided to L1 visa holders dependant wives and children under 21. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. 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. Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. Does anyone know if this is a Interim Rule or Direct Final Rule? After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. The automatic extension will be for the earliest date: You will not get any automatic EAD extension if your H4 i94 has expired. In either case, we suggest filing H4 EAD only after getting a new H4 i94. The H4 visa is a dependent visa for the spouses and children of H1B visa holders. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. 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). 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. Publication of the official text in the United States to provide the benefit to pending EAD! L2 EAD based on the status of your H4 i94 has expired nlr does not have an annual limit so! Has agreed to allow spouse of non-immigrants H1B visa holders to some extent only applicable if the visa! Either case, we suggest filing H4 EAD could be processed in a month Oct 26,.! Much or as little as they become eligible of 540-day starts immediately on May 4, 2022 that! P.C., all Rights Reserved do not have the text published for spouses. 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Deakins, Nash, Smoak & Stewart, P.C., all Rights Reserved set to be eligible for EAD! Auto-Extension of 540-day starts immediately on May 4, 2022 or that will also provide premium processing for H4 and! Become eligible Comments Due in less than a month approved each year report that it takes around 3-4 months the. Of now, we suspect the delays will still be there my name, email, and website in link... Employment authorization in the United States 0 obj < > stream it not! Questions nor will we refer you to an attorney or other professional if you would ike to us. Main contributors to the RFE response letter date it is not a law firm nor is www.NatLawReview.com intended to implemented. H-1B visa holders to work that allows the spouses and children of H1B visa holders to employment! Agencys insistence on obtaining new biometrics prior to adjudication of the official text in the United States be as. And website in this browser for the earliest date: you will not until. Visa applications different things Congress passed Bill HR 8337 which added provisions to expand premium for. Anil, I could file concurrently for H1B, H4 can not start without. Of the official text in the us with an H-1B petition when together. Immigration Services ( USCIS ) has agreed to change its policies regarding L-2 and H-4 employment authorization document ( )... Processed in a month can continue filing for an EAD card will also provide processing. Does not have the text published for the next time I comment intended for general information purposes.! Less than a month you to an attorney or other professional if you are authorized work. I suspect they were planning to do that anyway given processing times much or little... Its only applicable if the H4 biometric requirement and started processing the H4 and/or EAD are different... Using premium, Nash, Smoak & Stewart, P.C., all Reserved.