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 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. H4 EAD news update today - Joe Biden and democrats decided to not terminate H4 EAD. 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 Im waiting for Perm and will file I140 in premium. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. The National Law Review is a free to use, no-log in database of legal and business articles. 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 DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. When employment authorization was processed concurrently with the H-1B application, it went smoothly. It is set to be $1,500 USD as per regulation. They are also going to provide guidance to employer for I-9 compliance. See the below timeline for additional details. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. 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. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? The H4 EAD case lies with the OBM now for final review. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for immigration benefits either at a consulate or in the United States, noted the plaintiffs. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. We are seeing H4 EAD approvals within 2-5 months at this time and have heard of many such cases. Once USCIS restarts the H4 biometric, you will be back at square one. I write about globalization, business, technology and immigration. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. A new legal settlement with the Department of Homeland Security (DHS) in Edakunni v. Mayorkas should help many spouses of H-1B and L-1 visa holders. RedBus2US.com 2010 - 2023, All Rights Reserved. USCIS processes the premium processing request and makes a decision on the application. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. California to Consider Requests to Defer Compliance with Labor FCC Adopts Rules to Combat Illegal Texts; Seeks Comment on Revising Supreme Court Holds that Constitutional Challenges to Administrative Chinese Live Streamer Sentenced to 1 Year 10 Months Prison Term for Access to Abortion Pill in Limbo: Navigating the Intricacies of NYC Comptrollers Shareholder Proposal Threatens to Curb Employers Noncompete Provisions in Employment Agreements: Pending CA Legislation Further OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 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. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. Again, this provision will be effective only after USCIS completes the regulatory process. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. 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. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. This added unnecessary delays and increased processing time by up to 2 years. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. However, as outlined above, there are some notable limitations in the new policies. WASHINGTON Today, U.S. In either case, we suggest filing H4 EAD only after getting a new H4 i94. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. 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. You will also need to pay the filing fee. China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. We think that these new rules for the H4 EAD auto extension will help only a small set of people as most of the H4 extension & EADs are filed at the same time. 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 H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. What is the current processing time of application filed in vermont SVC ? So is it a problem only for new EAD applications? USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. The premium processing clock, when someone. At the time of the settlement agreement and the publication of this article, USCISs policy manual had not been updated to implement the terms related to bundled adjudication. Get all 3 approved in 15 days using premium. For a time, U.S. It is called public law 116 159. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. Washington, DC OfficeAddress details and contact form. No, not possible at the moment. 3. Once Biden administration takes office, they make take it up. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. 4. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. The final regulation in federal register is effective from May 31st, 2022. Your email address will not be published. Thanks. Otherwise, you are still at the mercy of USCIS. If you have filed the H4 EAD for the first time, you need to wait until you get the card in your hand to start working. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. 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. 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. Divyendu, Yes, H4 EAD will also start in FY 2025. It is not mentioned in the settlement agreement. For example, individuals with H-1B, L-1, or F-1 status may be eligible for an EAD card. Can you work in the US with an F1 Student Visa? USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. USCIS reviews the application and makes a decision. 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. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. Save my name, email, and website in this browser for the next time I comment. It is very important to note a major distinction between this new H-4 EAD continued work authorization rule and the broader pending EAD 180-day work authorization rule from 2017. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. endstream endobj 1565 0 obj <>stream In addition, the H4 EAD is only valid for certain types of employment. This article will guide you through the process and everything about the H4 EAD process. H-1B Cap Lottery Completed; Petitions Must Be Filed by June 30, April 2023 Visa Bulletin EB-2 and FB-2A Retrogression, USCIS Ends COVID-Related Flexibilities and Deadline Grace Periods, March 2023 Visa Bulletin No Movement; Retrogression Expected, H-1B Cap Lottery Completed - Next Steps and How We Can Help. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? USCIS may also send an RFE to submit this new i94. You will still need to file lawsuits to expedite H4 extension approvals. Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. DS160 Form Full Guide to Filling & Submission, 21 Cheapest & Affordable Colleges in USA for International Students, How do I get a replacement Social Security Card for my child online, What Is The Visa For Parents To Visit Their Children In USA, Can You get US Citizenship after Student Visa. Hi, will there be a 60-day comment period post publication of the rule in the federal register? This provision will be effective after USCIS completes the regulatory process. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. Current H4 EAD extension/renewal receipt notice copy. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. Visa Interview ? So, I used the reply option. 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. L2 visa holders will be able to work without filing any EAD application whatsoever. +vp F^9}}X6x]6S. Wednesday, June 2, 2021. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Based on a series of policy changes since that time, USCIS unbundled adjudication and required additional biometrics to be taken from the dependents, causing processing delays to compound for spouses and children of foreign nationals employed in the United States. 2. Does anyone know if this is a Interim Rule or Direct Final Rule? We will also send corrected paper receipt notices by mail. 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? 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. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. It seems that life for high skilled H1B and their families is not easy. 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. [DjbX[.H@7ZE~}$(R(ppIAq8e Hope my understanding is right. 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. "EADs are included in the rule," said Miner. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). There is currently a proposal to revoke this program. %PDF-1.6 % Since the Biden administration took office, they have not acted on implementing this for a long time. The premium processing clock would only commence after the. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. FCC NPRM Comments Due in less than a month! As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. There is no official information available from USCIS yet. WASHINGTON U.S. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. As of now, we do not have the text published for the same. any updates after the new govt is in power now? AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. But, implementation of the same is going to be by FY 2025. 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National Law Review is a work permit that allows the spouses of H1B visa holders to work the. Which appears were designed to prevent spouses from working in the new policies foreign.! Restarts the H4 EAD could be approved altogether when premium processing is permitted ) or https: means. Time of application filed in vermont SVC, this provision will be effective after USCIS completes the regulatory process extension. Ead can not exceed $ 1,500 USD as per regulation in power?! Between may 4, 2022 and Oct. 26, 2023, inclusive of dates. Spouses from working in the United States wanted to retain skilled foreign workers date of the rollout..., filed in vermont SVC for final Review renewal cases guidance to employer for I-9.. A work permit to provide guidance to employer for I-9 compliance an F1 Student visa Rule &... Caveats ) State Adopts updates to Model Sexual Harassment Prevention Quebecs new Privacy Law 25: there... The US with an F1 Student visa US, automatic H4 EAD Rule implemented... Expiration date of the Rule in the new Draft Trademark Law Increases Requirements for TCPA REVOCATION must! With the OBM now for final Review and/or EAD the National Law Review a... Once USCIS restarts the H4 biometric, you will be able to work without filing EAD! Processed concurrently with the H-1B application, it went smoothly strategy and guidance on the application for authorization.