How Dutch Companies Are Responding to the Gender Diversity China to Grade Patent Agencies Nationwide Starting May 1, 2023, SECs Proposed Conflicts of Interest Rule May Impede Hedging. 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. The content and links on www.NatLawReview.comare intended for general information purposes only. The H-4 visa is issued to spouses of H-1B visa holders that allows them to apply for employment authorisation (EAD) to legally work in the US. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, E-3 Certain Specialty Occupation Professions from Australia, Optional Practical Training Extension for STEM Students (STEM OPT), Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and. USCIS reviews the application and makes a decision. 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. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM | But its still good news for us. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. 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. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. If the h4 biometric requirement is not removed, we suspect the delays will still be there. The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. Practice limited to federal immigration law. 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. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. 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. (. Allow earlier filing of EAD renewals. 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. 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. WASHINGTON Today, U.S. Below are the screenshots of the official text in the regulation that talks about it. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. See the below screenshot for both H4 and H4 EAD premium processing details. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. Applicants are eligible to apply for an H4 EAD if the H1B visa holder: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. FCC NPRM Comments Due in less than a month! It is unclear when a decision will be made on the fate of the H4 EAD, but it is important to stay up-to-date on the latest developments. 4. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. 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. 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. (~C, Eup^.O 1sU You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. Effective May 4, 2022, DHS is temporarily increasingthe extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. 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. Any idea when OMB will process this request. The settlement is silent on the coverage of a premium upgrade where the related applications were properly and concurrently filed with regular processing before January 25, 2023. Automatic Employment Authorization Document (EAD) Extension. They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. 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. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. 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 choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 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. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. 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. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. 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. Update 3 May 2022 USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). This article will guide you through the process and everything about the H4 EAD process. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. Currently valid H4 i94. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. RedBus2US.com 2010 - 2023, All Rights Reserved. Once implemented by the agency, L-2 spouses will no longer have to apply for work authorization and need an employment authorization document as proof in order to work in the United States, said Jesse Bless, then-director of litigation at the American Immigration Lawyers Association, in a November 2021 interview. The applicant then pays the premium processing fee. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. Thanks. 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. We do not have the date on when this will be effective. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. 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. 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. Current H4 EAD extension/renewal receipt notice copy. hj@_e. Your email address will not be published. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. You can skip filing an H4 extension at this time. 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). 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. 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. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. On March 30, 2019, the Agencys Senior Policy Council determined it would begin collecting biometrics for H-4 extension applications filed on Form I-539, according to the plaintiffs. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. The status should be L2 all the time on the most recent i94 to make use of this facility. A, We need to wait. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ Divyendu, Yes, H4 EAD will also start in FY 2025. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. 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 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. How much time will it take to make it a law? PTI Updated Apr 08, 2022, 7:35 AM IST This would remove the. 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. What will happen to the fee paid to USCIS for i-765 application in process? A new patchwork has been added. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. OMB review is the last step in the rulemaking process before U.S. 2023 AM22Tech| As far as we know, there is no news about i485 EAD and AP processing times as they are also taking more than a year at this time. Thank you so much for the explanations! The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. Dropbox ? H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. Employment Authorization for Certain H-4 Dependent Spouses Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or 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. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. The premium processing time for H4 EAD application cannot exceed 30 days. You may opt-out by. 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. It seems that life for high skilled H1B and their families is not easy. The H4 EAD is valid for as long as the H1B visa holders status is valid. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. Hello Anil, firstly thanks for posting great information. This added unnecessary delays and increased processing time by up to 2 years. 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. 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. 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 H4 and H4 EAD are two different things. Since the Biden administration took office, they have not acted on implementing this for a long time. The first step is to file an I-129 petition with USCIS. Sorry for that. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. "EADs are included in the rule," said Miner. 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. This temporary increase in the auto-extension period will end on Oct 26, 2023. 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. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. 2023 AM22Tech| March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. 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. 2. There is an automatic H4 EAD extension but only up to H4 i94 validity. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. It is your choice to file a new one or just interfile the i94 based on your comfort level. On or before the week of March 13, we will send these applicants an email and/or text notification instructing them to sign into their USCIS online account and obtain a corrected, printable receipt notice. Premium processing for H4 EAD has not been announced yet. 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. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. This i94 should have not expired. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. Im waiting for Perm and will file I140 in premium. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. What about currently pending l2 EAD extensions? Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. Any updates on H4 EAD premium processing? USCIS processes the premium processing request and makes a decision on the application. 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. * 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). There is no official information available from USCIS yet. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. The H4 EAD premium processing times and steps are as follows: 1. 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. USCIS will also provide premium processing option for H4 EAD applicants. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. 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 premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. This is a BIG change. We now wait for DHS. %PDF-1.6 % USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. 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