Practice limited to federal immigration law. This is great news for H4 EAD applicants! I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); What about currently pending l2 EAD extensions? USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. Save my name, email, and website in this browser for the next time I comment. Once Biden administration takes office, they make take it up. The settlement confirms that USCIS will adjudicate applications for H-4 and L-2 dependent status and EADs at the same time as the principals H-1B or L-1 petition when concurrently and properly filed. 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. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either: If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. 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 . The agencys bad faith insistence on biometrics for H-4 visa holders is telling, especially when DHS is not aware of any risk factors such as fraud, criminal activity, or threats to public safety or national security associated with H4 dependent spouses as a whole that would support imposing [additional burdens].. There is no official information available from USCIS yet. The H4 and H4 EAD are two different things. The details would be shared once they officially announce it. 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. 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. 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. Some attorneys also suggest filing an entirely new H4 EAD application to avoid the risk of denial since USCIS may actually deny your underlying H4 extension and then EAD. 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. How to keep employment with an automatic H4 EAD extension? Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. You will also need to pay the filing fee. 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. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. The changes have not been yet officially implemented. 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. In addition, the H4 EAD is only valid for certain types of employment. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ 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. Currently valid H4 i94. A new set of complex rules have been added now. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. 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. 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. 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. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. (Photo by John [+] Moore/Getty Images). 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 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. They are also going to provide guidance to employer for I-9 compliance. 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. The H4 EAD case lies with the OBM now for final review. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. (Source), Your email address will not be published. How much time will it take to make it a law? The H4 EAD application is filed with USCIS. You will get an automatic H4 EAD extension. There is no concrete date given yet. The premium processing time for H4 EAD application cannot exceed 30 days. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. 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. 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. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. The text of the rule is not yet available. "EADs are included in the rule," said Miner. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. We will also send corrected paper receipt notices by mail. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. RN Law group reached court settlement. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. For a time, U.S. 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. Thanks. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. 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. 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. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. 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. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. It is set to be $1,500 USD as per regulation. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 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. But, implementation of the same is going to be by FY 2025. 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. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. The H-4 EAD auto-renewal terms do not apply benefit for concurrently-filed H-4 extension and H-4 EAD applications because the H-4 EAD auto renewal terms require an I-94 record which must be either already granted by virtue of H-4 status extension application or by entering the U.S. on H-4 status. L2 visa holders will be able to work without filing any EAD application whatsoever. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. The following employment eligible categories are eligible for an automatic extension: The eligibility category you listed on your Form I-765 renewal application, Citizen of Micronesia, Marshall Islands, or Palau, Withholding of Deportation or Removal Granted, Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status*, Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*, Pending Adjustment of Status under Section 245 of the Act, Suspension of Deportation Applicants (filed before April 1, 1997) On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. 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. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. Our office will continue to monitor and report developments on this and related topics. 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. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. H4 & EAD premium processing starting May 31, 2022. 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