Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. Below are the screenshots that indicate the same. 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. Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. 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. According to the settlement, USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending H-4 EAD applicants which must (1) have a timely filed renewal and (2) continue to have H-4 status (I-94 card) beyond their current EAD expiration. If the h4 biometric requirement is not removed, we suspect the delays will still be there. (~C, Eup^.O 1sU
US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. 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. The National Law Review is a free to use, no-log in database of legal and business articles. H4 EAD PP is not being implemented in near future. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. They are also going to provide guidance to employer for I-9 compliance. Opinions expressed by Forbes Contributors are their own. The H4 EAD application is filed with USCIS. If you file separately, then this rule wont apply. Once signed in, they will find their corrected receipt notice. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. 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. 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. 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. 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. how long it take effective ? USCIS processes the premium processing request and makes a decision on the application. [DjbX[.H@7ZE~}$(R(ppIAq8e (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 H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. Please comment on this one. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. (, Effective May 26, 2015, the H4 EAD rule was implemented with the intention of retaining highly skilled foreign workers and decreasing the interruption to US businesses that results from H1B workers choosing not to stay in the US. 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. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability. This article will guide you through the process and everything about the H4 EAD process. 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. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. Once your application is approved, you will be able to work in the United States for as long as your spouses H1B visa is valid. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. 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. The final regulation in federal register is effective from May 31st, 2022. Through publication of a Federal Register notice extending the TPS designation of the individuals country, if the Federal Register notice also authorizes an automatic extension of covered individuals existing EADs; or. What about currently pending l2 EAD extensions? Hello Anil, I couldnt find a way to post a new message here. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. 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. The applicant then pays the premium processing fee. Note that you cannot use an automatic work permit if you change your status from l2 to something else. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. You would be able to start working as soon as you enter the US with L2 status. 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. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. So if I understand correctly, the automatic 180 day extension will only be valid if one has/had an H4 EAD already and they are waiting on their extension. 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. Statement in compliance with Texas Rules of Professional Conduct. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. hj@_e. (. 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. It is set to be $1,750 USD as per regulation. "EADs are included in the rule," said Miner. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. RedBus2US.com 2010 - 2023, All Rights Reserved. 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). The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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. Can you work in the US with an F1 Student Visa? AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). For example, it cannot be used for self-employment or starting your business. 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. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. 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. Again, this provision will be effective only after USCIS completes the regulatory process. So youll like to have around 1 year for H4 EAD to be approved. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. The premium processing clock would only commence after the. (Source), Your email address will not be published. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. H4 EAD March 2020 Update. 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. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. We now wait for DHS. 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. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. On or before the week of March 20, we will send these applicants an email or text notification instructing them to sign into their USCIS online account. 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). Its only applicable if the H4 and/or EAD are applied with H1B at the same time. 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. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? 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. USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses In a legal settlement effective as of November 10, 2021, U.S. How to Check US Visa Status Online? FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. It is planned to be implemented by FY 2025. Requirements for TCPA REVOCATION notice must GO to EL PASO to 90,., you must obtain your corrected receipt notice to present when completing Form I-9, employment Eligibility Verification,. Are also going to provide guidance to employer for I-9 compliance a free use. Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments contact US, automatic EAD... Plaintiffs who sought reauthorization ( or extensions ) of employment for self-employment or your!, Challenges to IP Protections in Fast-Paced Cloud Environments l2 to something else Each of the rollout... 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