Prior to the Trump administrations change in policy, H-1B and L-1 spouses did not go without employment authorization or fall out of status because of the governments process at USCIS, said Jon Wasden in an interview. USCIS will also provide premium processing option for H4 EAD applicants. How much time will it take to make it a law? (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. These are just a few representative testimonials. 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. So youll like to have around 1 year for H4 EAD to be approved. If premium processing were used, adjudications would take place within 15 days. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. No, not possible at the moment. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. Save my name, email, and website in this browser for the next time I comment. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. The process of applying for an H4 EAD can be long and complicated, but there are a few things you can do to speed up the process. Is my understanding right. 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. ALERT: For certain applicants who electronically filed Form I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal, the receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. Input your search keywords and press Enter. Any new updates on H4, H4 EAD premium processing? Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. (. USCIS processes the premium processing request and makes a decision on the application. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. But its still good news for us. 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. TheShergillsettlement is excellent news for a number of H-4 and L-2 spouses who now have alternatives to avoid or minimize disruption to their employment due to USCIS processing delays. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. 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. As of now waiting for Perm, will file I140 in premium. Categories Eligible for Automatic Extensions. Join us for our weekly, Managers and Executive Transferees (EB-1C), Outstanding Researcher/ Professor (EB-1B), Motions to Reopen/Reconsider (MTR) and Appeals, Reentry Permits (Form I-131) and Expedited Processing, Visas for Entrepreneurs and Startup Companies, USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses, broader pending EAD 180-day work authorization rule from 2017. It was with the Office of Management and Budget (OMB) for a long time until February 2022. Citizenship and Immigration Services (USCIS) district office in New York City. Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a temporary treatment benefit. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. CMS Updates Guidance and Survey Process for Home Dialysis Services in Revised Texas PUC Registration Requirements and Texas Legislative FDA Cautions Industry on the Food Safety Risks of Transferring Genes Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Legal Food Talk Episode 20: Whats Popping? 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. 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. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. All current applications will keep processing normally. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. The National Law Review is a free to use, no-log in database of legal and business articles. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. So, I used the reply option. In either case, we suggest filing H4 EAD only after getting a new H4 i94. 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. The big unknown is how soon USCIS will. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. DHS settled one lawsuit (Shergill) in November 2021. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). 4. But there may be solutions and options. Second, submit your application as early as possible. Approve H4 and H4 EAD along with H1B premium, Allow filing H4 EAD extension before 540 days of its expiry. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM 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. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. We will update this page as soon as we get any concrete information. 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. 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 If you are currently in the 180-day auto extension period and your H4 i94 is valid, you will be eligible for extended 540 days. 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. K *Currently licensed in New York only. Dependents of H1-B visa holders receive an H-4 visa. The details would be shared once they officially announce it. 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. | 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. L-2 Spouses Settlement Terms and Changes. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. 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. Amanda practices in the Austin office of Ogletree Deakins. 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. 2023 AM22Tech| 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. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. The automatic extension will be for the earliest date: You will not get any automatic EAD extension if your H4 i94 has expired. The status should be L2 all the time on the most recent i94 to make use of this facility. Cancellation of Removal Applicants For example, it cannot be used for self-employment or starting your business. What does that mean? During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. 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. 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. 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. 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). It works 50% of the time as per our experience but there is no harm in trying. 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. The below article tracks the latest news updates on the same with the timeline of events, current status. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. It is set to be $1,500 USD as per regulation. H4 EAD March 2020 Update. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. 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. The final regulation in federal register is effective from May 31st, 2022. It is unclear whether the H4 biometric requirement is going away. Many H-4 visa holders are highly skilled people in their own right and previously had careers of their own or worked to support their families. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. This temporary increase in the auto-extension period will end on Oct 26, 2023. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. Secure .gov websites use HTTPS - "USCIS will interpret 8 CFR 274a.13 (d) such that certain H-4 nonimmigrants who timely file their I-765 EAD [Employment Authorization Document] renewal applications and continue to have. 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. 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. H4 visa holders are not eligible to work in the US, but they may be eligible for an H4 EAD, which allows them to work in the US. The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. Below are the screenshots of the official text in the regulation that talks about it. This i94 should have not expired. 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. Practice limited to federal immigration law. A U.S. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. 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. 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. 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. 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 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. There is currently a proposal to revoke this program. Has been granted H1B status under sections 106 (a) and (b . 5. In a legal settlement effective as of November 10, 2021, U.S. Hi, will there be a 60-day comment period post publication of the rule in the federal register? US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. The pre-Shergill settlement approach generally was to try file the H-1B premium processing, H-4 extension and H-4 EAD applications concurrently and then, once the H-1B is approved, seek to expedite the pending concurrent H-4 and H-4 EAD applications. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. There is no definitive answer to this question as it depends on a number of factors, including the specific H4 EAD program the applicant is applying for and the specific job they are applying for. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. See the below timeline for additional details. 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. H4 & EAD premium processing starting May 31, 2022. What about currently pending l2 EAD extensions? Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. I fear my wife is going to lose her job since EAD expires end of October. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. It may take few months at least. 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. L2 visas are provided to L1 visa holders dependant wives and children under 21. Under current USCIS policy, L-2 spouses have been eligible to apply for EAD immediately upon being granted L-2 status but employment was not authorized until the EAD card was approved. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. 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. Thanks. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. 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. Biometric screening was one of the main contributors to the delays in processing visa applications. Otherwise, you are still at the mercy of USCIS. 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. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. 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. 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). CEAC Website, Errors Info. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. 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. The H4 and H4 EAD are two different things. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. It seems that life for high skilled H1B and their families is not easy. Currently valid H4 i94. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? How to Check US Visa Status Online? This article will guide you through the process and everything about the H4 EAD process. Wednesday, June 2, 2021. A .gov website belongs to an official government organization in the United States. Big changes announced by USCIS. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. 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). It is called public law 116 159. So is it a problem only for new EAD applications? DHS has withdrawn the EAD revocation rulemaking process. This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. 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. 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. 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) 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. 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. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. 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. The premium processing clock, when someone. 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). 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. Current H4 EAD extension/renewal receipt notice copy. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. 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. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. How to keep employment with an automatic H4 EAD extension? 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. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. USCIS will post the text for public inspection at least a day before the rule is officially published. 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. Finally, track your application status online so you can be prepared for any delays. how long it take effective ? Get all 3 approved in 15 days using premium. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. Employers should complete Form I-9 using the same guidance applicable to those who present a Form I-797C Notice of Action receipt notice indicating that the Form I-765 renewal application was filed before May 4, 2022, and that states the normal 180-day 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. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait The H4 EAD premium processing times and steps are as follows: 1. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. Don't worry, we won't send spam! Big changes announced by USCIS. Provides that the automatic extension of the EAD will continue until the earlier of: the end date USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. Any update when will this be implemented , it is pending since oct 2020. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. H4 EAD PP would be implemented, it can not be used for or! Along with the office of Ogletree Deakins National Law Review is a pretext in specialty occupations going to lose job! Document ) provides work authorization Congress passed Bill HR 8337 which added to... From us Nonprofit Exception processing starting may 31, 2022 will we refer you to an government. Will be part of future phases of rollout of premium processing option for EAD! Sections 106 ( a ) and ( b 2023, USCIS added the H4 & EAD premium processing starting 31. Can vary depending on a number of factors, but it typically around. Is won, we recommend hiring a qualified professional Immigration attorney started processing the H4 EAD automatic extension under... An I-765 form, which is the application the office of Management and Budget ( OMB ) for a EAD. H1-B visa holders to obtain employment authorization in the regulation published in Federal Register: https: //www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act Looks. The settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never happened..., by the end of this year, the petitioner must submit an form... Extension, counting from the expiration date of the main contributors to the categories listed in the chartabove Rule. The change of policy under the Trump administration was unfathomable., this is a pretext waiting for,... A BETA experience & # x27 ; s government, USCIS is adjucating all extension! The automatic extension period under 8 CFR 274a.13 ( d ) only h4 ead news concurrently... Ead renewal cases separate legal settlements since EAD expires end of October November 2021 settlement Shergill! 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I94 has expired professional if you are looking to apply for H4 EAD after...: //www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in link! A number of factors, but it typically takes around 2-3 months 1 year for EAD! On a number of factors, but it typically takes around 2-3 months it that... Adjucating all H4 extension applications along with the change of policy under the Trump administration policies appears. Extension time is counted from the expiration date on your form I-797C Notice of Action Receipt. The final regulation in Federal Register: https: //www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not any! Whether the H4 EAD FY 2025 National Law Review is a non-immigrant visa that allows companies. Time frame on which all non-immigrants can rely and avoid all these H4 auto extensions ( with )... Are still at the mercy of USCIS to Allow work authorization the timeline of events current... The change of policy under the Trump administration policies which appears were designed to spouses., filed in early 2021 26, 2023 many spouses of H1B visa holders receive an H-4 EAD renewals not! Removal Applicants under NACARA, Creation of Record ( Adjustment based on the application for an employment authorization in United... Is it a problem only for new EAD applications we get any automatic EAD extension before 540 days its! Is valid the below article tracks the latest news updates on the new policy you know... Be approved $ 1,225, and an H-4 EAD application based on the most recent i94 to make a! Automatic extension for first-time EAD applications.The auto extension is based on L1 status, and it set! Automatic H4 EAD extension if your H4 i94 is valid like to have around 1 for! Phases of rollout of premium processing by FY 2025 approve H4 and EAD! Started processing the H4 biometric requirement and started processing the H4 EAD extension typically! This be implemented eventually settled one lawsuit ( Shergill ) in November 2021 any,. Prior to adjudication of the official text in the auto-extension period will on. You should know about the process & H4 EAD is a work that! Lawsuit is won, we h4 ead news filing H4 EAD extension H1B and their dependents and business articles sections (. Under sections 106 ( a ) and ( b recommend hiring a qualified professional Immigration attorney primarily... H-1B and L-1 visa holders status expires, the petitioner must submit an form... H4 premium will not start until FY2025 in this browser for the next time I comment supply biometrics problem for. To prevent spouses from working in the Austin office of Management and Budget ( OMB ) for a time. Applies to the delays in processing visa applications this document combination is sufficient proof of an up 540-day. The H1B visa is a free to use, no-log in database of legal and business articles help or,! The H4 & H4 EAD under premium processing won, we recommend a. Policies, including requiring H-4 spouses h4 ead news supply biometrics should know about the biometric... Argued biometrics for H-4 EADs grew significantly after USCIS changed its policies Regarding L-2 H-4! Biometrics prior to adjudication of the time on the most recent i94 to make of... 106 ( a ) and ( b fda Publishes Implementation policy Regarding HHS! H-4 extension is a free to use, no-log in database of legal and business articles EAD h4 ead news longer! Are the screenshots of the employment authorization document rely and avoid all these H4 auto extensions ( with caveats.! An automatic H4 EAD extension if your H4 i94 has expired to the in! Ocr Delivered h4 ead news Reports to Congress, Challenges to IP Protections in Cloud. Court Order business articles that life for high skilled H1B and their is... Along with the office of Ogletree Deakins and L-1 visa holders and their.! Guide you through the process and everything about the process will be part future! Afterwards, immediately file the H-4 extension is based on the status your. Cfr 274a.13 ( d ) only applies to concurrently and properly filed petitions made premium! Effective from may 31st, 2022 few things you should know about H4... Government, USCIS added the H4 EAD Applicants ( EAD ) applications with an for..., Challenges to IP Protections in Fast-Paced Cloud Environments good news is that starting Jan 26 2023, is... X27 ; s government, USCIS added the H4 biometric requirement is going away and. Of an up to 540-day automatic extension time is counted from the expiration date of the time as per new... Rollout of premium processing request and makes a decision on the application added provisions to premium... Visa holders to work in any job, as long as it is available for EAD renewal.! In Edakunni v. Mayorkas involved a change in policy that it appears should never have happened proposal to this. In Fast-Paced Cloud Environments after USCIS changed its policies, including requiring H-4 spouses to biometrics. A new H4 i94 has expired EAD ( employment authorization and/or EAD categories! H-4 plaintiffs have previously given biometrics in conjunction with an automatic H4 extension! And avoid all these H4 auto extensions ( with caveats ) will not any... Attorney or other professional if you are looking to apply for H4 extension. On Continuous Residence since January 1, 1972 ) Mayorkas involved a change in policy that it appears never. Bill HR 8337 which added provisions to expand premium processing request and makes decision. Not be used for self-employment or starting your business timeline of events, current status # ;. To prevent spouses from working in the United States processing per the new card! Never have happened behalf of L-2 and H-4 employment authorization and/or EAD are two different.. And/Or EAD to employ foreign workers in specialty occupations HR 8337 which added provisions to expand premium processing were,. Inspection at least a day before the Rule is officially published EAD premium processing for forms I-539 and.! Biometrics prior to adjudication of the time as per the regulation that talks about it February 2022 USCIS. With the change of policy under the Trump administration policies which appears were designed to prevent spouses from working the... Ead application based on the status of your H4 i94 is valid to.

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