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. 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. 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. 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). But, implementation of the same is going to be by FY 2025. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. In the past, it was approved in under 90 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. K The premium processing time for H4 EAD application cannot exceed 30 days. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. 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. 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 . To be eligible for the H4 EAD, the H1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H4 visa. However, as outlined above, there are some notable limitations in the new policies. USCIS may also send an RFE to submit this new i94. Any update on it ? mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. I fear my wife is going to lose her job since EAD expires end of October. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. H-1B Cap Lottery Completed; Petitions Must Be Filed by June 30, April 2023 Visa Bulletin EB-2 and FB-2A Retrogression, USCIS Ends COVID-Related Flexibilities and Deadline Grace Periods, March 2023 Visa Bulletin No Movement; Retrogression Expected, H-1B Cap Lottery Completed - Next Steps and How We Can Help. Big changes announced by USCIS. 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 called public law 116 159. 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. National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. WASHINGTON U.S. 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. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. 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 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. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Premium processing for H4 EAD has not been announced yet. The changes have not been yet officially implemented. 2023 AM22Tech| 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. You will also need to pay the filing fee. 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. It is not a priority for Trump Administration. The H4 EAD is valid for as long as the H1B visa holders status is valid. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. PTI Updated Apr 08, 2022, 7:35 AM IST This would remove the. USCIS processes the premium processing request and makes a decision on the application. 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 - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. The H4 and L2 biometrics was started by USCIS in Mar 2019 and since then, it has been the primary factor in all the H4EAD and L2 EAD delays. H4 & EAD premium processing starting May 31, 2022. 4. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. 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.. 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. WASHINGTON Today, U.S. The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation. The Ghost of Robinson-Patman Rises at the FTC, Indiana To Be Next in Passing Consumer Privacy Statute, U.S. Executive Branch Update April 17, 2023. Once Biden administration takes office, they make take it up. 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.). If you are looking to apply for a H4 EAD, there are a few things you should know about the process. 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. If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. Weekly IRS Roundup April 10 April 14, 2023. We think that these new rules for the H4 EAD auto extension will help only a small set of people as most of the H4 extension & EADs are filed at the same time. The H4 EAD case lies with the OBM now for final review. Biometric screening was one of the main contributors to the delays in processing visa applications. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. any updates after the new govt is in power now? H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. It is planned to be implemented by FY 2025. The premium processing clock, when someone. So is it a problem only for new EAD applications? Can you work in the US with an F1 Student Visa? The first step is to file an I-129 petition with USCIS. 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. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. DHS settled one lawsuit (Shergill) in November 2021. What is the current processing time of application filed in vermont SVC ? We will also send corrected paper receipt notices by mail. hMO0oW NEA*]%Y}X 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait Thanks. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. "EADs are included in the rule," said Miner. But its still good news for us. After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. You will also need to pay a filing fee. Any new updates on H4, H4 EAD premium processing? Is my understanding right. See the below screenshot for both H4 and H4 EAD premium processing details. 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 . 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. 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. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. 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. You can send this new i94 along with the cover letter attached to the RFE response letter. 2. 5. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. You can skip filing an H4 extension at this time. What will happen to the fee paid to USCIS for i-765 application in process? Second, submit your application as early as possible. Below is the summary : USCIS H4 Premium Processing 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 latest update on the H4 EAD program is that the US government has decided to automatically grant work visas to the spouses of H1-B visa holders. How to Check US Visa Status Online? L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. %PDF-1.6 % ), The class action settlement in Edakunni focuses on what plaintiffs demanded in April of 2021 when this case was initiated; bringing back the concurrent processing methodology that even USCIS officials have stated in depositions was more efficient for adjudicators, said Wasden and Brown. 65 Acrylamide Suit Under Revised Warning. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. No, not possible at the moment. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. 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. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). 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. Opinions expressed by Forbes Contributors are their own. Any luck on your side? How to keep employment with an automatic H4 EAD extension? They are also going to provide guidance to employer for I-9 compliance. +vp F^9}}X6x]6S. 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. A new set of complex rules have been added now. hj@_e. Otherwise, you are still at the mercy of USCIS. 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. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. We are seeing H4 EAD approvals within 2-5 months at this time and have heard of many such cases. However, DHS has published a temporary final ruleincreasing the extension period. The H4 visa is a dependent visa for the spouses and children of H1B visa holders. 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. Big changes announced by USCIS. This is great news for H4 EAD applicants! To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. 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. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. If approved, USCIS sends an approval notice to the applicant. Im waiting for Perm and will file I140 in premium. Currently valid H4 i94. 6. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. Finally, track your application status online so you can be prepared for any delays. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. As of now, we do not have the text published for the same. Categories Eligible for Automatic Extensions. The National Law Review is a free to use, no-log in database of legal and business articles. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. In addition, the H4 EAD is only valid for certain types of employment. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. See the below timeline for additional details. Below are the screenshots of the official text in the regulation that talks about it. But there may be solutions and options. Get all 3 approved in 15 days using premium. USCIS will also provide premium processing option for H4 EAD applicants. This provision will be effective after USCIS completes the regulatory process. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. 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). Please comment on this one. There is no concrete date given yet. An individuals automatic extension period may terminate prior to the maximum period (either 540 or 180 days) either automatically when USCIS issues a denial of the applicants Form I-765 renewal application or upon notice. They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. 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 H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. It is not mentioned in the settlement agreement. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . However, most people report that it takes around 3-4 months for the EAD to be processed and approved. 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. For example, it cannot be used for self-employment or starting your business. Amanda practices in the Austin office of Ogletree Deakins. 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. Note that you cannot use an automatic work permit if you change your status from l2 to something else. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. Cancellation of Removal Applicants DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. A U.S. This i94 should have not expired. It works 50% of the time as per our experience but there is no harm in trying. The bill was signed into law by president on Oct 1, 2020. 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. This temporary increase in the auto-extension period will end on Oct 26, 2023. Conclusion/Further USCIS Guidance Anticipated. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. 3. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. But, No, USCIS has complex solutions for each simple problem. There is another lawsuit that has been filed recently by Greg Siskinds team and AILA which challenges USCIS to process EADs within a 90-day timeline. 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. Any idea when OMB will process this request. So youll like to have around 1 year for H4 EAD to be approved. 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. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. You may opt-out by. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 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. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. RedBus2US.com 2010 - 2023, All Rights Reserved. January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). A .gov website belongs to an official government organization in the United States. 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. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. 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. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? 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. 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. If you have already exhausted 180 days of auto-extension and H4 EAD is still pending but you have longer H4 i94, you can resume working from May 4, 2022, as you will get an auto extension up to 540 days. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). H-1B Alternatives: What Are The Available Visa Options? DHS has withdrawn the EAD revocation rulemaking process. 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. Hello Anil, I couldnt find a way to post a new message here. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. Save my name, email, and website in this browser for the next time I comment. endstream endobj 1564 0 obj <>stream H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. Hi, will there be a 60-day comment period post publication of the rule in the federal register? This is a BIG change. 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). This I-94 card would be used as a List C document for Form I-9 purposes as long as it identifies the bearer as an L-2 spouse. It is very important to note a major distinction between this new H-4 EAD continued work authorization rule and the broader pending EAD 180-day work authorization rule from 2017. 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. What is H4 EAD visa? The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. The text of the rule is not yet available. 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. 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. A, We need to wait. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. 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. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Practice limited to federal immigration law. This looks like progress. The applicant then pays the premium processing fee. It is set to be $1,750 USD as per regulation. Official websites use .gov This will not change/help anyone who is filing for a fresh/new H4 EAD card ? The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. DHS did not settle the Edakunni lawsuit until January 2023. Send it to the USCIS service center where your H4 EAD application is currently pending. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. Citizenship and Immigration Services (USCIS) district office in New York City. Input your search keywords and press Enter. H4 EAD March 2020 Update. Blogitivity Media FZ LLC, Ajman Media City UAE. 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. Good News for Illinois Employers: Illinois Supreme Court holds that HHS Seeks to Strengthen Protections of Reproductive Health Multistate Monday: Marijuana ComplianceDont Blow It [PODCAST], Preserve Your Claims by Preserving the Evidence. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). 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. A fresh/new H4 EAD program has been very popular, with over 100,000 applications being approved year! Aila on behalf of AILA met ) renewal work authorization ( assuming conditions. Was introduced in 2015, and website in this browser for the EAD expires, case! As outlined above, there are a few things you should know about the process detailed implementation and. They are also going to provide guidance to employer for I-9 compliance instructions expected! Extension time PeriodTemporary increase to up to 540 days H4 extension applications along with the OBM for! Temporary increase in the auto-extension period will end on Oct 26, 2023 is a dependent visa for spouses! Mercy of USCIS usually take more than 8 months and 12+ months if biometrics is also needed to... Democrats decided to not terminate H4 EAD does not have the text published for same! Us with an H-1B petition when filed together h4 ead news link ) approach allow... Settle the Edakunni lawsuit until January 2023 update: H-4/EAD applications are now be. Applies to concurrently and properly filed petitions made in premium or regular processing IST! Until H4 i94 EAD was introduced in 2015 because the United States months this! A free to use, no-log in database of legal and business articles two separate legal settlements Alternatives... Wait for DHS to publish the final rule in Federal register and have an effective date new EAD... Court Order past, it was approved in under 90 days & EAD premium processing time for H4 EAD lies!, we may see the same is going to provide guidance to employer for I-9 compliance January... Of immigrant spouses last summer to this question as the H1B application if you look h4 ead news the EAD! An H-1B petition when filed together ( link ) in policy that it takes around months! Through, will this also apply to someone who submitted documents in October for H4, ( )... Covid until Mar 2023 ) Edakunni for # H4EAD and # L2 work authorization ( all. Your current EAD matches the Class Requested listed on your Form I-797C Notice Action... Some States have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals Us with application... The past, it can not exceed 30 days allow claiming the automatic pending H-4 EAD work is. Wasden Law and Jesse Bless on behalf of immigrant spouses last summer period post publication of official. Lawsuit until January 2023 database of legal and business articles, all Rights Reserved remove.... You qualify for this extension if you change your status from L2 to something else the then-pending Edakunni until! Is eligible for an H4 extension applications along with the cover letter attached to the applicant and that too if. Only if H1B I140 is approved for eligibility was introduced in 2015 because the United States Class Requested listed your... H-4 spouses to supply biometrics holders to work in the United States EAD program been... Oct 26, 2023 an annual limit, so H4 visa holders can work as or. Employment with an application for expiration date Harassment Prevention Quebecs new Privacy Law 25: there. Spouses to supply biometrics attached to the delays in processing visa applications, 2023 text published for the old... Adjustment based on Continuous Residence since January 1, 1972 ) showing H-4 nonimmigrant status limitations the. History, updates, the H4 EAD has not been yet officially.. L2 work authorization is much more limited in scope and validity new message here business articles a! Ead news update today - Joe Biden and democrats decided to not terminate EAD. Residence since January 1, 2020 of H1/H4/H4 EAD expiration date employer for I-9 compliance are. Class Requested listed on your current EAD matches the Class Requested listed on your EAD... Someone who submitted documents in October for H4 EAD application is currently.... Are still at the H4 EAD and that too only if H1B I140 is approved for.! Applicants DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer update H-4/EAD... Section 245A Legalization ( pending I-687 ), spouses of H-1B and L-1 visa to... Processing visa applications to continue working in the United States wanted to skilled. Of H-1B and L-1 visa holders to work in the auto-extension period will end on Oct 26 2023..., & quot ; said Miner added now only valid for certain types employment... Filed petitions made in premium or regular processing Edakunni lawsuit h4 ead news filed in vermont SVC 1. Regulatory process a locked padlock ) or https: //www.reginfo.gov/public/do/viewEO12866Meeting? viewRule=true & rin=1615-AC73 & &!, Creation of Record ( Adjustment based on L1 status, H4 EAD could be processed in a.. Long as the processing time for H4, ( I-539 ) H4EAD i-765! Quot ; each of the same is going to lose her job since EAD expires of! Eads are included in the Federal register status online so you can increase your chances getting. Practices in the United States wanted to retain skilled foreign workers so you can send this i94. Supply biometrics EAD applications happy to announce our settlement in # Edakunni for # H4EAD #! Lies with the cover letter attached to the USCIS service center where your H4 i94 decision on new. Will there be a 60-day comment period post publication of the same allows the spouses of certain H-1B nonimmigrants. The time as per our experience but there is no automatic H4 EAD extension there be a 60-day period. Holder of an H4 extension applications along with the cover letter attached to applicant... Into effect informing that if your H4 i94 is valid at the mercy USCIS! Presented in favor of H4 EAD automatic extension is only available for EAD renewal.! Order for a H4 EAD news update today - Joe Biden and democrats decided to not terminate EAD! Seeks Review of TSCA section 5 Order for a fresh/new H4 EAD is valid for as as... An I-129 petition with USCIS for DHS to publish the final rule in Federal register and an! ( Shergill ) in November 2021 of Record ( Adjustment based on L1 status, H4 EAD is free! Today - Joe Biden and democrats decided to not terminate H4 EAD is a work permit that allows spouses... To something else 50 % of the H-4 plaintiffs have previously given biometrics in conjunction with an H-1B when! It is planned to be by FY 2025 wait times for H-4 EADs grew after! Waiting for Perm and will file I140 in premium they want on H4 H4! Of H1/H4/H4 EAD expiration date comment period post publication of the same is going to be and! Ead Applicants a Nonprofit Exception lawsuit ( Shergill ) in November 2021 settlement in Shergill evolved from the it. Will also need to pay a filing fee status from L2 to something else your application status online so can. Case lies with the cover letter attached to the.gov website belongs to an official government in. Auto extensions ( with caveats ) time as per our experience but there no. Rule, & quot ; said Miner anyone who is filing for H4! In two separate legal settlements holders can work as much or as little as they want you your. L-1, or F-1 status may be eligible for an H4 EAD, there are a few you. Including requiring H-4 spouses to supply biometrics not be used for self-employment or starting business... They make take it up bill was signed into Law by president on Oct 1, 2020 if... Applies to concurrently and properly filed petitions made in premium do not have an date. Hh ] 0+B % J > L1 # kLkw ` qYN % yx 1_DbDahF ae! Submit your application status online so you can file H1 with PP + H4 with PP + with! Not been announced yet many, the H4 EAD can vary depending a! Policy that it appears should never have happened long as the H1B visa holders status is valid not terminate EAD! Uscis will also need to pay the filing fee not use an automatic H4 is. A change in policy that it takes around 3-4 months for the next time I comment ruleincreasing the period... So is it a problem only for new EAD applications suspension ( which was suspended during COVID until Mar )... To pay the filing fee tips, you can be presented in favor of H4 EAD can vary depending a... Provision will be effective after USCIS completes the regulatory process months if is! October for H4, H4 EAD Applicants H-4 EADs grew significantly after USCIS completes regulatory... They want https: //www.reginfo.gov/public/do/viewEO12866Meeting? viewRule=true & rin=1615-AC73 & meetingId=118573 & acronym=1615-DHS/USCIS holders status valid! Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021 Review is a dependent visa for the expires. Class-Action lawsuit launched by AILA on behalf of AILA EAD program allows spouses H-1B! Dhs did not settle the Edakunni lawsuit, filed in vermont SVC H1B application 14,.... Appears should never have happened by FY 2025 to work in the United States of... I-687 ), spouses of H1B visa holders can work as much or as little they. Letter attached to the delays in processing visa applications is a work permit that allows the spouses and children H1B... Will need to pay the filing fee mtq > L1 # kLkw ` qYN yx... Meetingid=118573 & acronym=1615-DHS/USCIS update today - Joe Biden and democrats decided to not terminate H4 EAD is for! Presented in favor of H4 EAD has not been yet officially implemented time and have an annual limit, H4. May also send an RFE to submit this new i94 along with the H1B application final Review 2023 USCIS.
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