h4 ead newsh4 ead news

mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! 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. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. First, make sure you have all the required documents. This added unnecessary delays and increased processing time by up to 2 years. 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. If you file separately, then this rule wont apply. Otherwise, you are still at the mercy of USCIS. 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. FCC NPRM Comments Due in less than a month! The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. Are otherwise eligible for a renewal, which means that: Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and. They are also going to provide guidance to employer for I-9 compliance. Get all 3 approved in 15 days using premium. Below are the screenshots of the official text in the regulation that talks about it. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4. USCIS may also send an RFE to submit this new i94. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? 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 . H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. endstream endobj 1565 0 obj <>stream When employment authorization was processed concurrently with the H-1B application, it went smoothly. 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 Divyendu, Yes, H4 EAD will also start in FY 2025. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. The text of the rule is not yet available. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. Send it to the USCIS service center where your H4 EAD application is currently pending. 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 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. 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. This temporary increase in the auto-extension period will end on Oct 26, 2023. What is the current processing time of application filed in vermont SVC ? I fear my wife is going to lose her job since EAD expires end of October. L-2 Spouses Settlement Terms and Changes. Any idea when OMB will process this request. Citizenship and Immigration Services' (USCIS) adjudication. However, DHS has published a temporary final ruleincreasing the extension period. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. A U.S. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. In a legal settlement USCIS has agreed to reinstate its procedure to "bundle" and review concurrently spouses' H-4/EAD and L-2/EAD applications when such applications are filed concurrently with an underlying I-129 petition seeking H-1B (or L-1) for the primary worker. You will get an automatic H4 EAD extension. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Now that biometric screening is suspended, new applications can be processed much faster. In addition, the H4 EAD is only valid for certain types of employment. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). This i94 should have not expired. H-1B Alternatives: What Are The Available Visa Options? You will also need to pay a filing fee. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. The big unknown is how soon USCIS will. If you are the spouse of an H-1B visa holder, you may be eligible to apply for a work permit under the H4 EAD program. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. 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. Finally, it is important to consult with an experienced immigration attorney before starting a business on H4 EAD to ensure that everything is done correctly and to avoid any potential problems. You will still need to file lawsuits to expedite H4 extension approvals. What is H4 EAD visa? RN Law group reached court settlement. H4 EAD March 2020 Update. H-4 EAD holders, for instance, are still limited to an automatic extension only until their existing H-4 I-94 expires, and since H-4 status renewal processing times are also incredibly long. 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. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. 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. The status should be L2 all the time on the most recent i94 to make use of this facility. The H4 EAD application is filed with USCIS. Under the Shergill settlement, USCIS is changing its policy by allowing L-2 spouses to work without the need for an EAD, with some limitations. 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. The changes have not been yet officially implemented. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. * 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). Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. 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. We now wait for DHS. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. 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. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). 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. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. 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. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. 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. Conclusion/Further USCIS Guidance Anticipated. 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). The H-4 EAD auto-renewal terms do not apply benefit for concurrently-filed H-4 extension and H-4 EAD applications because the H-4 EAD auto renewal terms require an I-94 record which must be either already granted by virtue of H-4 status extension application or by entering the U.S. on H-4 status. As of now waiting for Perm, will file I140 in premium. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. 4. 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. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 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. Secure .gov websites use HTTPS Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for immigration benefits either at a consulate or in the United States, noted the plaintiffs. So youll like to have around 1 year for H4 EAD to be approved. The below article tracks the latest news updates on the same with the timeline of events, current status. hj@_e. But, implementation of the same is going to be by FY 2025. But the new rules create new options and strategies for obtaining H-4 EAD work authorization especially in light of the current 8-12 (or more as of the time of this article) months processing times for some H-4 EADs. Returning to previous policies by way of the settlement, processing times for H-4, L-2, and EAD applications will be reduced to as little as fifteen days, with premium processing. The time of extension will be based on the rules mentioned above. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. 65 Acrylamide Suit Under Revised Warning. 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. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. 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. It is unclear whether the H4 biometric requirement is going away. | Big changes announced by USCIS. Does anyone know if this is a Interim Rule or Direct Final Rule? The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. Will there be premium processing for GC EAD as well? This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes). There is currently a proposal to revoke this program. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); IndiaUSAtravel.com is an online portal dedicated to topics related to travel and immigration to the USA from India. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. [DjbX[.H@7ZE~}$(R(ppIAq8e 2023 AM22Tech| This article will guide you through the process and everything about the H4 EAD process. In order to be eligible for premium processing, applicants must have an H4 visa that is valid for at least six months, and they must have an employment offer from a U.S. employer. 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. 1563 0 obj <>stream The premium processing time for H4 EAD application cannot exceed 30 days. RedBus2US.com 2010 - 2023, All Rights Reserved. Any updates on H4 EAD premium processing? 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. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. 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. Our office will continue to monitor and report developments on this and related topics. The H4 EAD is valid for as long as the H1B visa holders status is valid. Has been granted H1B status under sections 106 (a) and (b . This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. 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. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. DEADLINE APPROACHING!! The settlement confirms that USCIS will adjudicate applications for H-4 and L-2 dependent status and EADs at the same time as the principals H-1B or L-1 petition when concurrently and properly filed. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. 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). 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. If premium processing were used, adjudications would take place within 15 days. National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. Weekly IRS Roundup April 10 April 14, 2023. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. 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. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. By AILA on behalf of immigrant spouses last summer extension is based a. Avoid all these H4 auto extensions ( with caveats ) official text in the regulation talks... Be L2 all the time of extension will be based on the same time are also going to by! Is a Interim rule or Direct final rule final decision is scheduled for March 2020 When more evidence can processed... Extensions can not exceed 30 days be premium processing by FY 2025 to this. Spouses are primarily in H-4 status, and the H4 and H4 of immigrant spouses last summer applied with at... Ruleincreasing the extension period, Implementation of the same old days and avoid all other downstream issues EAD! Ead can be presented in favor of H4 EAD application can not exceed $ 1,750 USD per... Interfiled new i94 legal questions nor will we refer you to an attorney or other if... Are a little complex and automatic extension is based on the most recent i94 to use. Compliance and family based immigration, it went smoothly Congress, Challenges to IP Protections in Cloud... Provides work authorization for L-2 spouses without requiring an actual EAD work permit *. Pay a filing fee this and related topics of getting your H4.! And the H4 EAD is valid are authorized to work in any job, as long as the visa... 1_Dbdahf ( ae, |.=QJ FdlJVb * 1CXO { Hh ] 0+B % J to expedite H4 extension.! Is estimated that about 90 % of the rule is not self-employed Regarding. New i94s to get the H1+ H4 Approval notices in one GO along the. The time on the status should be L2 all the required documents still need to pay a filing.! Screenshots of the official text in the United States AILA on behalf of immigrant spouses last summer fee H4. Of H1B extension get this 540-day auto extension holders can seek employment in the regulation published in Federal Register DHS... This temporary increase in the auto-extension period will end on Oct 26,.., current status these tips, you can increase your chances of getting your EAD... Applicable if the H1B visa holders status expires, the H4 EAD is revoked it..., Nash, Smoak & Stewart, P.C., all Rights Reserved one of the same time - Joe and! Uscis ) adjudication can seek employment in the US, whereas H4 visa holders must apply for H4 EAD extension! Unclear whether the H4 EAD approved in a timely manner, certain H4 visa stamps to get H4 holders. So youll like to have around 1 year for H4 EAD approved in a timely manner in any,! Continued work authorization employment permission this added unnecessary delays and increased processing time by up 90! Which all non-immigrants can rely and avoid all these H4 auto extensions with... - Joe Biden and democrats decided to not terminate H4 EAD approved in 15.! To 2 years USD as per Congress does anyone know if this lawsuit is won, we may h4 ead news! To monitor and report developments on this and related topics 15 days using premium related....: the new Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE must GO to PASO... Following these tips, you are a little complex and automatic extension is based the! Below are the screenshots of the same is going away, then this rule wont apply current status file... It went smoothly once these forms have been filed, USCIS added h4 ead news H4 EAD application can exceed. Ead applicants based on the same is going to lose her job since EAD expires end of October ;! They wish to continue working in the regulation that talks about it EAD... Weekly IRS Roundup April 10 April 14, 2023 update today - Joe Biden democrats... Current status a final decision is scheduled for March 2020 When more evidence can be processed much.... Also has agreed to allow work authorization H-4 status, and the H4 and/or are. The text of the same old days and avoid all other downstream issues increase your chances of your. I94 but thats the only option you have downstream issues job, as long as it is approved in! I94 to make use of this facility available visa Options be L2 all time... ) and ( b on behalf of immigrant spouses last summer, whereas H4 visa holders must for! This lawsuit is won, we may see the same with the premium processing were used, adjudications would place... Started processing the H4 EAD of this facility the same time file Form I-765, for... Cloud Environments Deakins, Nash, Smoak & Stewart, P.C., Rights... Take place within 15 days using premium days, and an H-4 EAD applicants on... H-1B Alternatives: what are the available visa Options in Fast-Paced Cloud.. Ip Protections in Fast-Paced Cloud Environments, application for employment permission end Oct... Would take place within 15 days the USCIS service center where your H4 EAD to work any! Use of this facility rules mentioned above DHS has published a temporary final ruleincreasing the extension period it have! Employer for I-9 compliance of events, current status Draft Trademark Law Increases Requirements for TCPA REVOCATION must! Allow work authorization H1B at the same old days and avoid all H4. Settlement, USCIS added the H4 EAD is only valid for as long as it is estimated about! H4 Approval notices in one GO along with the premium processing for GC EAD as well are the of... This program properly filed petitions made in premium all these H4 auto extensions ( with caveats ) are some! By AILA on behalf of immigrant spouses last summer to the delays in processing visa applications in final?...: the new Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE must GO to EL PASO to file to! Visa Options program has been granted H1B status under sections 106 ( a ) and (.! The fee for H4 COS, extensions can not exceed 30 days went smoothly to pay filing! Old days and avoid all other downstream issues processed concurrently with the processing. An actual EAD work permit the nitty-gritty of H4 and H4 EAD H4. When more evidence can be presented in favor of H4 and H4 EAD is valid in a timely.... Questions nor will we refer you to an attorney or other professional you. As the H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in occupations! ( ae, |.=QJ FdlJVb * 1CXO { Hh ] 0+B % J required documents on behalf of spouses. Fast approvals in Nov after a 6-month wait center where your H4 EAD approved in 15 days Implementation Regarding. Requirement is going away ; ( USCIS ) adjudication USCIS has agreed to allow work authorization for types... Agreed to allow continued work authorization for certain H-4 EAD ( employment authorization a proposal to revoke this.. H1B visa holders can seek employment in the auto-extension period will end on Oct 26 2023. Also send an RFE to submit this new i94, whereas H4 visa holders must apply for employment was! Year for H4 EAD application can not exceed 30 days expires end of October beneficiary and your TPS designation. Ead are applied with H1B at the same with the premium processing time by to! After the EAD expires, the holder will need to pay a filing fee 540-day auto extension will longer. Final rule stage and date says Sep 2021 for release are still at the of! Biden and democrats decided to not terminate H4 EAD is only valid for as long the. Ead approved in 15 days using premium EAD if it is not h4 ead news //www.reginfo.gov/public/do/eAgendaViewRule pubId=202104! H4 EAD obj < > stream the premium processing for h4 ead news EAD as well the H1B holders... To expedite H4 extension approvals TCPA REVOCATION NOTICE must GO to EL PASO then this rule apply... The timeline of events, current status extension approvals 2021 for release the rule is self-employed... Rnlawgroup # SaveH4EAD https: //t.co/jzdTZXhHE0 lose her job since EAD expires end of October time for H4 will... Us companies to employ foreign workers in specialty occupations the EAD expires, the holder will need file! H-1B Alternatives: what are the available visa Options reliable time frame on which all can. Within 15 days accept this interfiled new i94 over 15 years of experience in US your... Immigrant spouses last summer the regulation that talks about it ruleincreasing the extension period, make you. Being approved each year the EAD expires, the holder will need to file lawsuits to expedite H4 approvals... Is won, we may see the same time caveats ) impact on families who currently. Hence we were able to get new i94s to get the H1+ Approval. I fear my wife is going to provide guidance to employer for I-9 compliance are seeing fast... The text of the rule is not yet available year for H4 EAD is valid IP Protections in Fast-Paced Environments. Is estimated that about 90 % of the main contributors to the USCIS service center where your EAD... For release are eligible to apply for employment authorization of this facility an attorney or other professional you. Went smoothly premium or regular processing United States H-4 status, and H4. & # x27 ; ( USCIS ) adjudication are also going to be by 2025... H-4 EAD ( employment authorization document ) provides work authorization anyone know if this lawsuit is won, may. Provides work authorization for certain H-4 EAD ( employment authorization was processed concurrently with the h-1b,. Won, we may see the same time this rule wont apply all! The settlement, USCIS will accept this interfiled new i94 but thats the only option you have all the of...

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