Does anyone know if this is a Interim Rule or Direct Final Rule? (Source), Your email address will not be published. RN Law group reached court settlement. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. 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. It is called public law 116 159. 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].. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. Statement in compliance with Texas Rules of Professional Conduct. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. 3. The time of extension will be based on the rules mentioned above. Citizenship and Immigration Services' (USCIS) adjudication. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. It is set to be $1,750 USD as per regulation. There is currently a proposal to revoke this program. Wednesday, June 2, 2021. The H4 EAD will get automatic extensions if you file the i765 renewal/extension application before the current EAD card expires and their H4 i94 is still valid. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 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 H4 EAD is a work permit that allows the holder of an H4 visa to work 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. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait Save my name, email, and website in this browser for the next time I comment. Please comment on this one. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. 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. A new set of complex rules have been added now. Thanks. 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). There is no definitive answer to this question as it depends on a number of factors, including the specific H4 EAD program the applicant is applying for and the specific job they are applying for. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). 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 is a work permit that allows the spouses of H1B visa holders to work in the United States. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. 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. Im waiting for Perm and will file I140 in premium. However, DHS has published a temporary final ruleincreasing the extension period. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. 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). Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. H4 EAD PP is not being implemented in near future. 2023 AM22Tech| 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 . Premium processing for H4 EAD has not been announced yet. 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. We will also send corrected paper receipt notices by mail. This added unnecessary delays and increased processing time by up to 2 years. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. 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. Any new updates on H4, H4 EAD premium processing? They are prioritizing F1 OPT for Form I-765 in FY 2022. 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. 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). Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. H-4 visa extensions submitted on Form I-539 eventually took up to two years to process in the California Service Center, compared to a previous average of fewer than four months at USCIS service centers. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. The Biden administration announced that it will not strike the H-4 EAD (Employment Authorization Document) rule, which allows spouses of H-1B visa holders to work in the United States if they meet cer 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. But, implementation of the same is going to be by FY 2025. FCC NPRM Comments Due in less than a month! The H4 EAD is valid for two years and can be renewed indefinitely. 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. Thanks. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. You will still need to file lawsuits to expedite H4 extension approvals. The H4 and H4 EAD are two different things. 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. 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. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. (Photo by John [+] Moore/Getty Images). The changes have not been yet officially implemented. This past year has seen a lot of upheaval among the H-4 EAD holders when the DHS sent out an initial ruling to the Office of the Management and Budget rescinding the right to work for these H4 visa holders. We expect the USCIS to provide the benefit to pending H4 EAD applications too. For example, it cannot be used for self-employment or starting your business. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. You can send this new i94 along with the cover letter attached to the RFE response letter. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. 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 text of the rule is not yet available. 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. Required fields are marked *. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. 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. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. OMB review is the last step in the rulemaking process before U.S. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. This looks like progress. 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. 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. We hope that they keep making changes to help immigrants and make the process easier. 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. 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. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). 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. 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. However, in general, an applicant can usually start working on H4 EAD receipt if they have the necessary work authorization and their employer is willing to sponsor them. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ Cancellation of Removal Applicants 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. Current H4 EAD card copy (even if it has expired). 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. 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. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. Darrin Foster and Oogies Deleveraging Through the LMA Intercreditor Distressed Disposal: How Top Five Labor Law Developments for March 2023, Misclassification Concerns in Staffing Relationships. Can you work in the US with an F1 Student Visa? But its still good news for us. Additionally, the settlement includes L-2 EAD automatic work authorization terms which are parallel to H-4s: USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending L-2 EAD applicants which must (1) have a timely filed renewal and (2) continue to have L-2 status (I-94 card) beyond their current EAD expiration. A .gov website belongs to an official government organization in the United States. 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. 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). H4 & EAD premium processing starting May 31, 2022. The length of the auto-extension will be limited to the earlier of the following: (a) the end of the H-4 status, as determined by I-94 record/card, (b) the approval or denial of the EAD application; OR (c) 180 days from the current EAD expiration date. 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. 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. 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