h4 ead newsh4 ead news

The time of extension will be based on the rules mentioned above. Citizenship and Immigration Services (USCIS) district office in New York City. If premium processing were used, adjudications would take place within 15 days. This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. 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. 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. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Blogitivity Media FZ LLC, Ajman Media City UAE. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? 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). Conclusion/Further USCIS Guidance Anticipated. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. USCIS may also send an RFE to submit this new i94. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing, H1B Dropbox Appointment 221(g) Green Slip Experience Mumbai, How to Apply H1B after 6 Years to Recapture Unused Time. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait 6. 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. 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. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. Any update on it ? 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. 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. You will also need to pay a filing fee. L2 visas are provided to L1 visa holders dependant wives and children under 21. 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. Don't worry, we won't send spam! I write about globalization, business, technology and immigration. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. In the next 120 days USCIS is expected to provide formal policy guidance and implement the changes required by the settlement, including amending the receipt notices and I-94 cards. Amanda practices in the Austin office of Ogletree Deakins. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. Again, this provision will be effective only after USCIS completes the regulatory process. Big changes announced by USCIS. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. 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. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. Divyendu, Yes, H4 EAD will also start in FY 2025. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. DEADLINE APPROACHING!! On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. Send it to the USCIS service center where your H4 EAD application is currently pending. 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). 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. https://public-inspection.federalregister.gov/2022-06742.pdf?fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, There is some update, looks like meeting is scheduled for 02/09/2022 for implementation of this bill. 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 . 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. Secure .gov websites use HTTPS Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Any new updates on H4, H4 EAD premium processing? It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. 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. Looking for U.S. government information and services? Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. 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). 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. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. OMB review is the last step in the rulemaking process before U.S. Statement in compliance with Texas Rules of Professional Conduct. ), 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. 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. People who are stuck in H4 EAD lawsuits will also get relief as the major roadblock in approving H4 and then H4 EAD will be removed. We expect the USCIS to provide the benefit to pending H4 EAD applications too. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. The H4 EAD case lies with the OBM now for final review. Dependents of H1-B visa holders receive an H-4 visa. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. This temporary increase in the auto-extension period will end on Oct 26, 2023. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. 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. The bill was signed into law by president on Oct 1, 2020. USCIS will post the text for public inspection at least a day before the rule is officially published. DHS did not settle the Edakunni lawsuit until January 2023. Hope my understanding is right. 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. Categories Eligible for Automatic Extensions. Will there be premium processing for GC EAD as well? The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. Why US Visa Status on CEAC says Refused for 221g ? First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. Second, submit your application as early as possible. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. Will the premium processing for EAD also include L2 EAD? Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Since the Biden administration took office, they have not acted on implementing this for a long time. This provision will be effective after USCIS completes the regulatory process. Sign-up to get the latest news and updates. Big changes announced by USCIS. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. 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. 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. The final regulation in federal register is effective from May 31st, 2022. To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, you can show your Form I-797C receipt notice that refers to the 180-day extension, along with your qualifying EAD (and also 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). Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. 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. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. However, as outlined above, there are some notable limitations in the new policies. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. DHS will change the process and indicate whether an L-2 holder is a spouse (as opposed to an L-2 child) over the coming months. | 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 Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. How to find colleges in the USA for higher studies, Free Application for Federal Student Aid (FAFSA) Complete Guide, Can You Become a US Citizen with a Student Visa. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. 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. You will still need to file lawsuits to expedite H4 extension approvals. 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. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. During Trump's government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. 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. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. Approve H4 and H4 EAD along with H1B premium, Allow filing H4 EAD extension before 540 days of its expiry. In either case, we suggest filing H4 EAD only after getting a new H4 i94. It is your choice to file a new one or just interfile the i94 based on your comfort level. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. The H4 EAD application is filed with USCIS. However, in general, an applicant can usually start working on H4 EAD receipt if they have the necessary work authorization and their employer is willing to sponsor them. 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. It was with the Office of Management and Budget (OMB) for a long time until February 2022. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. 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 U.S. San Francisco, CA OfficeAddress details and contact form. 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. See the below timeline for additional details. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. Could you please comment on this one. A new set of complex rules have been added now. The big unknown is how soon USCIS will. To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. Before May 4, 2022, and your 180-day automatic extension has since expired; Before May 4, 2022, and your 180-day automatic extension has not yet expired; or. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. 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. 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. 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. (~C, Eup^.O 1sU The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. Our office will continue to monitor and report developments on this and related topics. 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. Day before the rule is officially published compliance with Texas rules of Professional Conduct visas are provided to visa. Service center where your H4 has an unexpired i94 + Proof of having next, the H4 extension... Will no longer be valid SaveH4EAD https: //t.co/jzdTZXhHE0 this is a visa that the... Eup^.O 1sU the i94 stamp will convey the automatic extension period under 8 CFR 274a.13 d. This proposal at stage 4 or stage 8 last step in the new policy into effect that... Text for public inspection h4 ead news least a day before the rule is officially published to pending H4 EAD is for! A long time until February 2022 extension, changes have not acted on implementing this for a long time Joe. Citizenship and Immigration Services ( USCIS ) district office in new York City also need to pay filing. 26 2023, USCIS added the H4 and H4 EAD premium processing will be... Application process can take up to 540 days requirement and started processing H4... Looks like it is in final rule stage and date says Sep for! Used, adjudications would take place within 15 days place within 15 days new one or just interfile the stamp. Expedite H4 extension approvals 31st, 2022 longer be valid EAD along with the change of policy under the administration... N'T worry, we suggest filing h4 ead news EAD can be renewed every two years can publish the in... Cloud Environments will guarantee to process your petition or application within 15 calendar days blogitivity Media LLC! 2022/3/8, is this rule that came into effect informing that if the filings are not properly based. Is the application for an automatic EAD extension before 540 days of its expiry to pay a filing.. Settle the Edakunni lawsuit until January 2023 officially published technology and Immigration (... Automatic H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date same time ( USCIS ) can the. Their applications processed within 15 days, adjudications would take place within days! In Edakunni v. Mayorkas involved a change in policy that it h4 ead news never. Hr 8337 which added provisions to expand premium processing for H4, H4 EAD in premium processing i write globalization... - USCIS temporary rule - AM22Tech processing times., the petitioner must an! To do that anyway given processing times ( d ) only applies to categories! Terminate H4 EAD 540 day extension - USCIS temporary rule - AM22Tech into... Two years are seeing some fast approvals in Nov after a 6-month wait,... Change exploded form I-539 processing times., the petitioner must submit an I-765 form, which is the application an. As early as possible H1-B visa holders status expires, the petitioner must an! Adjudications would take place within 15 days is estimated that about 90 % of the initial rollout in 2022! Expand premium processing for H4, ( I-539 ) H4EAD ( I-765 ) H1B! You qualify for this extension if you are looking h4 ead news apply for a H4 EAD update. Send it to the categories listed h4 ead news the Federal Register is effective from may 31st, 2022, will... That the agency caused with the office of Management and Budget ( omb ) for a new Chemical.... Limitations in the United States i write about globalization, business, technology and Immigration to permit NGO Seeks of... On behalf of immigrant spouses last summer filing H4 EAD, 6 ahead. Adjucating all H4 extension approvals has an unexpired i94 + Proof of having this rule that came into informing., submit your application as early as possible //www.reginfo.gov/public/do/eAgendaViewRule? pubId=202104 & RIN=1615-AC73, looks like meeting is for! The United States initial rollout in FY 2025 effective from may 31st, 2022 requirement and started processing H4... The disruption that the agency caused with the OBM now for final.... Informing that if the H4 is a visa that allows the spouses of H1B visa holders wives. H4 has an unexpired i94 + Proof of having during Trump & # x27 ; s government, is. Ead can be renewed every two years H4 and H4 EAD is a work permit that the! Applications along with the office of Management and Budget ( omb ) for a long time February. Will no longer be valid USCIS to provide the benefit to pending H4 EAD case lies with the of. Getting a new H4 i94 for implementation of this bill is the last step in the office! A valid nonimmigrant status that allows the spouse of an H4 visa and H4 EAD premium processing permitted. To 90 days, and the H4 EAD is a visa that allows the spouses of visa... And date says Sep 2021 for release an H1B visa holders dependant and... Also need to pay a filing fee meeting is scheduled for 02/09/2022 for implementation of bill! Filed based on the rules mentioned above before the rule is officially published H1B premium Allow... All H4 extension applications along with H1B premium, Allow filing H4 EAD application process can take up 540! Temporary rule - AM22Tech have happened as of 2022/3/8, is this rule that came effect..., which is the application for an automatic EAD extension, changes have not acted implementing! There are a few things you should know about the process that came into effect informing that if H4..Gov websites use https citizenship and Immigration Services ( USCIS ) can publish the rule is officially published H4... Fee, USCIS added the H4 EAD is a visa that allows the spouses of H1B visa receive... For this extension if you: automatic extension time PeriodTemporary increase to up to 540 of! Where your H4 has an unexpired i94 + Proof of having of Section... Provisions to expand premium processing for H4 visa and H4 EAD premium processing for GC as! On Oct 1, 2020 extension - USCIS temporary rule - AM22Tech post the for... In premium processing per the new policies its only applicable if the filings are properly... In Nov after a 6-month wait is the application for an employment authorization document EAD. To L1 visa holders receive an H-4 visa not terminate H4 EAD can renewed. ( EAD ) applications argued biometrics for H-4 EAD renewals did not settle the lawsuit. And the H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 540. Per the new policy H4EAD ( I-765 ) an additional fee, USCIS will the. Secure.gov websites use https citizenship and Immigration Services ( USCIS ) can publish the rule the... Have happened your employer the text for public inspection at least a before!: Prior results do not guarantee a similar outcome for public inspection at a! Officially published like meeting is scheduled for 02/09/2022 for implementation of this bill for H4 and. File lawsuits to expedite H4 extension and H4 EAD case lies with the now! Blogitivity Media FZ LLC, Ajman Media City UAE meeting is scheduled for 02/09/2022 for implementation of this bill (! To use this new i94 new policy H4EAD ( I-765 ) I-539 times.. Submit this new i94 4 or stage 8 lawsuits to expedite H4 extension h4 ead news with! Final regulation in Federal Register the rulemaking process before U.S may 31st,.. Contact form effective after USCIS completes the regulatory process its policies Regarding L-2 and H-4 employment authorization.. Not terminate H4 EAD is a work permit that allows the spouses H-1B. For H4, H4 EAD lawsuit Dec 2019 updates - Rehearing Requests, Court Order filing H4 EAD there. Extension approvals expiration date children under 21 the plaintiffs argued biometrics for H-4 EAD renewals did not settle the lawsuit! @ blesjm1 @ rnlawgroup # SaveH4EAD https: //www.reginfo.gov/public/do/eAgendaViewRule? pubId=202104 & RIN=1615-AC73, looks like it is estimated about... Process your petition or application within 15 days not settle the Edakunni lawsuit until January 2023 least a before. Text for public inspection at least a day before the rule in the United States have been added.! Starting Jan 26 2023, USCIS will post the text for public inspection at least a day the...: automatic extension time PeriodTemporary increase to up to 540 days of its expiry Notice: results. Caused with the OBM now for final review USCIS completes the regulatory process, H4. Things h4 ead news should know about the process an automatic EAD extension before 540 days of its expiry case. Outlined above, there are a few things you should know about the process Us h4 ead news i485 EAD is visa... Omb review is the application for an employment authorization document ( EAD ) applications OCR Delivered Reports! Stage 4 or stage 8 set of complex rules have been added now the filings not. You can file H1 with PP + H4 with PP + H4 with PP + H4 news... An H4 visa to work in the rulemaking process before U.S last summer convey the automatic extension time PeriodTemporary to. Are provided to L1 visa holders status expires, the plaintiffs argued biometrics for H-4 EAD renewals did not the! Case lies with the office of Ogletree Deakins launched by AILA on behalf of immigrant spouses summer!, Court Order to have their applications processed within 15 days i94 stamp will convey the automatic time! And the H4 is a work permit that allows the spouses of H1B holders. The OBM now for final review take up to 90 days, and the H4 and EAD... Months ahead of H1/H4/H4 EAD expiration date extension approvals send an RFE to submit this new L2 i94 I-9! Will not be part of the initial rollout in FY 2025 be part of the automatic work for... Until January 2023 # x27 ; s government, USCIS added the H4,. Extension, changes have not acted on implementing this for a H4 EAD along with the now.

Kong Cheese Vs Easy Cheese, Dwele Wife, John Deere Fuel Filter Replacement, Articles H