Premium processing for H4 EAD has not been announced yet. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Finally, track your application status online so you can be prepared for any delays. 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. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. Otherwise, you are still at the mercy of USCIS. You will get an automatic H4 EAD extension. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. 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. 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. You will still need to file lawsuits to expedite H4 extension approvals. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. I fear my wife is going to lose her job since EAD expires end of October. 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. 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. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). Input your search keywords and press Enter. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. There is currently a proposal to revoke this program. There is no official information available from USCIS yet. 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. What about currently pending l2 EAD extensions? Will the premium processing for EAD also include L2 EAD? Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Currently, i485 EAD is eligible for an automatic EAD extension which is logical since USCISs own processing time is almost always more than 6 months at every service center. Approve H4 and H4 EAD along with H1B premium, Allow filing H4 EAD extension before 540 days of its expiry. L-2 Spouses Settlement Terms and Changes. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). USCIS will post the text for public inspection at least a day before the rule is officially published. Send it to the USCIS service center where your H4 EAD application is currently pending. I dont see anything anywhere. 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. They are prioritizing F1 OPT for Form I-765 in FY 2022. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Amanda practices in the Austin office of Ogletree Deakins. See the timeline and screenshots. 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. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. 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. Thanks. When employment authorization was processed concurrently with the H-1B application, it went smoothly. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Below are the screenshots that indicate the same. The H4 EAD case lies with the OBM now for final review. This is great news for H4 EAD applicants! A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 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. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. Hello Anil, I couldnt find a way to post a new message here. 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. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. 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. 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. 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.. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. 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. 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. The National Law Review is a free to use, no-log in database of legal and business articles. The EAD card is valid for a specific period of time and must be renewed every two years. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Below are the screenshots of the official text in the regulation that talks about it. Why US Visa Status on CEAC says Refused for 221g ? However, most people report that it takes around 3-4 months for the EAD to be processed and approved. 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. You would be able to start working as soon as you enter the US with L2 status. Your email address will not be published. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. Any update on it ? ), 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. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. 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. 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. The bill was signed into law by president on Oct 1, 2020. ALERT:Certain TPS beneficiaries and applicants who electronically filed Form I-765, Application for Employment Authorization, did not receive a receipt notice or their receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. 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). Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. 4. 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. "EADs are included in the rule," said Miner. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. Conclusion/Further USCIS Guidance Anticipated. Dependents of H1-B visa holders receive an H-4 visa. We will also send corrected paper receipt notices by mail. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. 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. 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. 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. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. 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. We expect the USCIS to provide the benefit to pending H4 EAD applications too. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. Will still need to file lawsuits to expedite H4 extension and H4 EAD was introduced 2015... Was signed into Law by president on Oct 1, 2020 in specialty occupations increase of automatic. To pending H4 EAD premium processing for H4, ( I-539 ) H4EAD ( I-765 ) the of. To work in US someone who submitted documents in October for H4 EAD was introduced in 2015, and then. 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