May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). Citizenship and Immigration Services (USCIS) took up to two years to process applications for the spouses of H-1B visa holders who needed work authorization. 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. 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. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. "EADs are included in the rule," said Miner. 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). Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. DEADLINE APPROACHING!! Any updates on H4 EAD premium processing? 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. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. 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 can be renewed indefinitely as long as the H1B visa holder maintains their status. There is no concrete date given yet. Current H4 EAD card copy (even if it has expired). Im waiting for Perm and will file I140 in premium. 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. 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. These are just a few representative testimonials. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. How much time will it take to make it a law? Could you please comment on this one. 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. A .gov website belongs to an official government organization in the United States. The settlement was specifically to return to concurrent adjudication when filed together. Finally, it is important to consult with an experienced immigration attorney before starting a business on H4 EAD to ensure that everything is done correctly and to avoid any potential problems. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. Now that biometric screening is suspended, new applications can be processed much faster. Send it to the USCIS service center where your H4 EAD application is currently pending. 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. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. 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. A U.S. 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? Prior to March 2019, USCIS adjudicated Form I-539, Application to Extend/Change Nonimmigrant Status, for H-4 and L-2 dependents and Form I-765, Application for Employment Authorization, at the same time as the principals petition when concurrently filed. 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. Any new updates on H4, H4 EAD premium processing? 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) 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. 1563 0 obj <>stream Information shared on this website is for educational purposes only and should not be taken as legal advice. Hope my understanding is right. (, Effective May 26, 2015, the H4 EAD rule was implemented with the intention of retaining highly skilled foreign workers and decreasing the interruption to US businesses that results from H1B workers choosing not to stay in the US. As per another lawsuit earlier, USCIS had agreed to waive the H4 (i539) biometric for at least 2 years starting May 2021 simply to remove the hurdles of approving EAD. 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. The new change would NOT directly benefit concurrent H-4 status and H-4 EAD applicants because the automatic work authorization rule requires the underlying status (I-94 record) to be granted and not just pending. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. Additionally, the settlement includes L-2 EAD automatic work authorization terms which are parallel to H-4s: USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending L-2 EAD applicants which must (1) have a timely filed renewal and (2) continue to have L-2 status (I-94 card) beyond their current EAD expiration. Hello Anil, firstly thanks for posting great information. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. RN Law group reached court settlement. Citizenship and Immigration Services (USCIS) district office in New York City. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Once OMB approves it. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? Once Biden administration takes office, they make take it up. You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. what time line we can expect to use premium processing option? When employment authorization was processed concurrently with the H-1B application, it went smoothly. You can send this new i94 along with the cover letter attached to the RFE response letter. 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The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Thanks. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. 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). Visa Interview ? Again, this provision will be effective only after USCIS completes the regulatory process. 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. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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