Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. ), 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. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. 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. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. Im waiting for Perm and will file I140 in premium. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022. The details would be shared once they officially announce it. Amanda practices in the Austin office of Ogletree Deakins. This article will guide you through the process and everything about the H4 EAD process. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 2. 3. Hello Anil, I couldnt find a way to post a new message here. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. The changes have not been yet officially implemented. Citizenship and Immigration Services' (USCIS) adjudication. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. Best for VisitorsEconomical PlanCOVID19 includedCovers MedicalPre-Existing ConditionsFirst Health Network, Rated A ExcellentCOVID19 includedCovers MedicalCovers DentalTrip CancellationFull Refund on Cancel, Last Updated on January 28, 2023 by Mani Karthik. 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. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. 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. 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. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. 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. But there may be solutions and options. If approved, USCIS sends an approval notice to the applicant. 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. Hope my understanding is right. All current applications will keep processing normally. 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. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. Amanda provides tactical immigration advice to large-scale U.S. immigration You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. They are prioritizing F1 OPT for Form I-765 in FY 2022. 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. 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. | 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. 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. It is not a priority for Trump Administration. 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. Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Important Note: until DHS amends the process and starts issuing I-94 cards with L-2 spouse annotation, and until such I-94 card is granted to an L-2 spouse, they would still need to have an EAD to be authorized to work. 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. See the below screenshot for both H4 and H4 EAD premium processing details. The time of extension will be based on the rules mentioned above. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. The premium processing time for H4 EAD application cannot exceed 30 days. This added unnecessary delays and increased processing time by up to 2 years. Another way is to travel outside the US and then get a new H4 visa stamp and re-enter the US to get a new H4 i94. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. 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. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. 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. As of now, we do not have the text published for the same. The H4 EAD case lies with the OBM now for final review. The terms of the settlement agreement are valid for two years. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. The first step is to file an I-129 petition with USCIS. 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 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. This change exploded Form I-539 processing times., The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. Sign-up to get the latest news and updates. Premium processing for H4 EAD has not been announced yet. 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. What is H4 EAD visa? Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. 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. You will also need to pay a filing fee. Will there be premium processing for GC EAD as well? "EADs are included in the rule," said Miner. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. Is my understanding right. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. The text of the rule is not yet available. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Healthcare Preview for The Week Of: April 17, 2023. H-4 Spouses Settlement Terms and Changes. 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. 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). These are just a few representative testimonials. The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? 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. 2023 AM22Tech| what time line we can expect to use premium processing option? March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. For a time, U.S. We will also send corrected paper receipt notices by mail. If approved, USCIS sends an approval notice to the applicant. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. There is currently a proposal to revoke this program. 5. 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. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. 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. H4 & EAD premium processing starting May 31, 2022. The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. 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. endstream endobj 1565 0 obj <>stream This is great news for H4 EAD applicants! means an automatic 540-day extension if you have a valid H4 i94 extension and i765 is pending, H4 i94 has expired but the H4 extension is pending, You have changed status from H4 to some other visa like F1, B1, H4 extension is denied for whatever reason. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. The status should be L2 all the time on the most recent i94 to make use of this facility. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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? Practice limited to federal immigration law. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . Please do not hesitate tocontact us, schedule a phone consultation, or if we can help with an H-4 EAD application filing (request quote here). Required fields are marked *. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Thanks. 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