This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). If the h4 biometric requirement is not removed, we suspect the delays will still be there. There is an automatic H4 EAD extension but only up to H4 i94 validity. It may take few months at least. Currently, i485 EAD is eligible for an automatic EAD extension which is logical since USCISs own processing time is almost always more than 6 months at every service center. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. They are prioritizing F1 OPT for Form I-765 in FY 2022. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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. 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.. Big changes announced by USCIS. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. H4 EAD program was created in 2015 as a way to help reduce the burden on H-1B holders who are waiting for their green cards. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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. 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. ), 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. Secure .gov websites use HTTPS The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. 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. USCIS reviews the application and makes a decision. Since the Biden administration took office, they have not acted on implementing this for a long time. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. Im waiting for Perm and will file I140 in premium. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait Statement in compliance with Texas Rules of Professional Conduct. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. Again, this provision will be effective only after USCIS completes the regulatory process. Practice limited to federal immigration law. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. Any luck on your side? Big changes announced by USCIS. Divyendu, Yes, H4 EAD will also start in FY 2025. 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. For example, it cannot be used for self-employment or starting your business. 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. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. Sign-up to get the latest news and updates. First, make sure you have all the required documents. 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. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. Thank you so much for the explanations! Currently valid H4 i94. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. It is set to be $1,500 USD as per regulation. While this can be a great opportunity for many people, there are some things to keep in mind before starting a business on H4 EAD. The H4 EAD case lies with the OBM now for final review. 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 Your email address will not be published. H4 & EAD premium processing starting May 31, 2022. See the timeline and screenshots. 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. 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. Second, submit your application as early as possible. In either case, we suggest filing H4 EAD only after getting a new H4 i94. 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. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. 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. Also, pleasesubscribe to our free weekly newsletterto ensure that you obtain this and related immigration-related news and announcements. 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. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. 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. Hello Anil, firstly thanks for posting great information. any updates after the new govt is in power now? You would be able to start working as soon as you enter the US with L2 status. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. Note that you cannot use an automatic work permit if you change your status from l2 to something else. It means one less step in the application process. 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. 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. 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. It is unclear whether the H4 biometric requirement is going away. This looks like progress. Weekly IRS Roundup April 10 April 14, 2023. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. The terms of the settlement agreement are valid for two years. 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. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. It is your choice to file a new one or just interfile the i94 based on your comfort level. Now, the Biden . Categories Eligible for Automatic Extensions. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. 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. It is planned to be implemented by FY 2025. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. Does anyone know if this is a Interim Rule or Direct Final Rule? Sensible Changes (Which are not done but policy existed prior to 2019). Due to when applications were allowed to be submitted to USCIS, the processing times made it mathematically impossible for many spouses to remain employed and authorized to work. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 Bank USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Card New York State Adopts Updates to Model Sexual Harassment Prevention Policy, Life Sciences Lifeline - Medical Countermeasures for Biodefense, McDermott Deal Academy 2023 Photovoltaik, Critical Wage & Hour Developments for 2023: New Minimum Wage Laws, Paying Day Rates, and DOL Focus on Pay Equity. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. 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. 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. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. 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. Pending I-687 ), spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing nonimmigrant! Ead was introduced in 2015, and since then, it has been very popular, with over applications! Mayorkas involved a change in policy that it appears should never have happened this should! 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