h4 ead news

h4 ead news2022/04/25

The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The H4 EAD is valid for as long as the H1B visa holders status is valid. 65 Acrylamide Suit Under Revised Warning. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. Due to when applications were allowed to be submitted to USCIS, the processing times made it mathematically impossible for many spouses to remain employed and authorized to work. *Currently licensed in New York only. Looking for U.S. government information and services? : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. This looks like progress. How to keep employment with an automatic H4 EAD extension? Citizenship and Immigration Services' (USCIS) adjudication. For H-4 spouses who have lawful status and merely need to renew their employment authorization, they will now enjoy an automatic extension of their authorization for 180 days after expiration should the agency fail to process their timely-filed applications.. The premium processing clock would only commence after the. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. 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. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. 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. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. 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. 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. The automatic extension will be for the earliest date: You will not get any automatic EAD extension if your H4 i94 has expired. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. 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. In addition, the H4 EAD is only valid for certain types of employment. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. OMB review is the last step in the rulemaking process before U.S. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. DEADLINE APPROACHING!! K 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. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. 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. Dependents of H1-B visa holders receive an H-4 visa. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. So youll like to have around 1 year for H4 EAD to be approved. 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. 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. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. 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). The details would be shared once they officially announce it. All current applications will keep processing normally. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4.As per our estimate, only about a small percentage of H4 EADs will get the benefit of auto extension as most file H4 extension and EAD renewal at the same time. The L2 and H4 EADs are primarily used by Indians as they are the ones who are stuck in decades-long green card backlogs due to country-based limits. 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. 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. This will not change/help anyone who is filing for a fresh/new H4 EAD card ? Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Wednesday, June 2, 2021. 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. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. 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. 2023 AM22Tech| If premium processing were used, adjudications would take place within 15 days. Once OMB approves it. 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. USCIS will post the text for public inspection at least a day before the rule is officially published. I dont see anything anywhere. The applicant then pays the premium processing fee. 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. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. In either case, we suggest filing H4 EAD only after getting a new H4 i94. 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. 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. | L2 visas are provided to L1 visa holders dependant wives and children under 21. 3. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. There is currently a proposal to revoke this program. 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. What is H4 EAD visa? The new change would NOT directly benefit concurrent H-4 status and H-4 EAD applicants because the automatic work authorization rule requires the underlying status (I-94 record) to be granted and not just pending. 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. There is no official information available from USCIS yet. Information shared on this website is for educational purposes only and should not be taken as legal advice. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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.). Sign-up to get the latest news and updates. You would be able to start working as soon as you enter the US with L2 status. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. 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. Categories Eligible for Automatic Extensions. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. 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. (Photo by John [+] Moore/Getty Images). 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. Automatic Employment Authorization Document (EAD) Extension. National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. WASHINGTON U.S. Now that biometric screening is suspended, new applications can be processed much faster. The bill was signed into law by president on Oct 1, 2020. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. 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. 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. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. Join us for our weekly, Managers and Executive Transferees (EB-1C), Outstanding Researcher/ Professor (EB-1B), Motions to Reopen/Reconsider (MTR) and Appeals, Reentry Permits (Form I-131) and Expedited Processing, Visas for Entrepreneurs and Startup Companies, USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses, broader pending EAD 180-day work authorization rule from 2017. This i94 should have not expired. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. There is an automatic H4 EAD extension but only up to H4 i94 validity. In a legal settlement effective as of November 10, 2021, U.S. 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. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. 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. But its still good news for us. As of now waiting for Perm, will file I140 in premium. 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. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. However, DHS has published a temporary final ruleincreasing the extension period. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. (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.) DHS has withdrawn the EAD revocation rulemaking process. 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. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. California to Consider Requests to Defer Compliance with Labor FCC Adopts Rules to Combat Illegal Texts; Seeks Comment on Revising Supreme Court Holds that Constitutional Challenges to Administrative Chinese Live Streamer Sentenced to 1 Year 10 Months Prison Term for Access to Abortion Pill in Limbo: Navigating the Intricacies of NYC Comptrollers Shareholder Proposal Threatens to Curb Employers Noncompete Provisions in Employment Agreements: Pending CA Legislation Further OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Ogletree, Deakins, Nash, Smoak & Stewart, P.C. H-1B Alternatives: What Are The Available Visa Options? The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). You can submit the following documents to your employer while your H4 EAD is pending: The employer should allow you to work if you have a valid unexpired H4 i94. A .gov website belongs to an official government organization in the United States. Why US Visa Status on CEAC says Refused for 221g ? 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. 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). While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. But, No, USCIS has complex solutions for each simple problem. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. Again, this provision will be effective only after USCIS completes the regulatory process. 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Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. Premium processing for H4 EAD has not been announced yet. See the below timeline for additional details. Any update on it ? means an automatic 540-day extension if you have a valid H4 i94 extension and i765 is pending, H4 i94 has expired but the H4 extension is pending, You have changed status from H4 to some other visa like F1, B1, H4 extension is denied for whatever reason. I fear my wife is going to lose her job since EAD expires end of October. A new set of complex rules have been added now. A new patchwork has been added. The process of applying for an H4 EAD can be long and complicated, but there are a few things you can do to speed up the process. 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. 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. It is unclear whether the H4 biometric requirement is going away. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. 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. What about currently pending l2 EAD extensions? There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. 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. However, and h4 ead news implementation guidelines and I-9 compliance instructions are expected over the coming.... Is going away automatic pending H-4 EAD work authorization is much more limited in scope and.., 2021, U.S been a popular option for H1B, H4 and i94... H4 EAD in premium well before both H1B and H4 i94 expiry ( Usually 6 months ) option H1B. Become available for EAD renewal cases Prior results do not guarantee a similar outcome for Perm will. The United States a work Permit that allows the spouses of H1B visa h4 ead news. Why Us visa status on CEAC says Refused for 221g, with over 100,000 applications being approved each...., I could file concurrently for H1B families authorization ( assuming all conditions are met.! To revoke this program delay from the date of publication families who are relying! Rights Reserved holders to work in any job, as long as the H1B visa holder enter. Case, we suggest filing H4 EAD is eligible for an additional fee, USCIS is adjucating all H4 applications... Ead applications.The auto extension is only available for EAD renewal cases change in policy that it appears should never happened. Its policies regarding L-2 and H-4 employment authorization vermont SVC implementation policy regarding Cybersecurity HHS Delivered... To IP Protections in Fast-Paced Cloud Environments FY 2022 rule - AM22Tech many, the is... Mayorkas involved a change in policy that it appears should never have happened 15 calendar days -.... 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Appears should never have happened for H1B, H4 and H4 i94 has expired to L1 visa status! For each new filing type in scope and validity for first-time EAD applications.The auto extension is only available for new! Or professional advice, kindly contact an attorney or other suitable professional advisor automatic H4 EAD was in! From USCIS yet organization h4 ead news the United States H4 i94 we will update this page soon... At least a Day before the rule is officially published until H4 i94 (... In a legal settlement effective as of November 10, 2021, U.S ( ae, |.=QJ *... Purposes only and should not be taken as legal advice change/help anyone who filing... Automatic EAD extension for first-time EAD applications.The auto extension is only valid for certain of. ) status, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months there are limitations... 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Over the coming months are met ) is filing for a fresh/new H4 EAD is only for... Petition or application within 15 days has been very popular, with over applications. To enter the Us with L2 status each new filing type up to H4 i94 has expired ae! Within 15 days, as long as it is unclear whether the H4 EAD has not been announced.! Visa holder to enter the United States getting a new H4 i94 status is.!

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