The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. 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? 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. Don't worry, we won't send spam! hj@_e. 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. Will there be premium processing for GC EAD as well? There is no concrete date given yet. Could you please comment on this one. Current H4 EAD extension/renewal receipt notice copy. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. 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. 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. L2 visa holders will be able to work without filing any EAD application whatsoever. | The plaintiffs in Kolluri v. USCIS charged the new policy to supply biometrics was designed purposefully to cause many spouses of H-1B visa holders to lose their work authorization. Conclusion/Further USCIS Guidance Anticipated. We hope that they keep making changes to help immigrants and make the process easier. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Thanks. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. Premium processing of Hr EAD is an optional service that USCIS offers for certain employment-based petitions and applications. Similar to the H-4 provisions, the length of the auto-extension will be limited to the earlier of the following: (a) the end of the L-2 status, as determined by I-94 record/card, (b) the approval or denial of the EAD application; OR (c) 180 days from the current EAD expiration date. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. The National Law Review is a free to use, no-log in database of legal and business articles. To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system.USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. 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. See the below timeline for additional details. If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. Washington, DC OfficeAddress details and contact form. Note that you cannot use an automatic work permit if you change your status from l2 to something else. What is H4 EAD visa? endstream endobj 1565 0 obj <>stream 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. The L2 and H4 EADs are primarily used by Indians as they are the ones who are stuck in decades-long green card backlogs due to country-based limits. 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. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. Once Biden administration takes office, they make take it up. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. For an additional fee, USCIS will guarantee to process your petition or application within 15 calendar days. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. Next, the petitioner must submit an I-765 form, which is the application for an employment authorization document. 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. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. 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. Amanda practices in the Austin office of Ogletree Deakins. 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. What will happen to the fee paid to USCIS for i-765 application in process? USCIS reviews the application and makes a decision. 5. CEAC Website, Errors Info. It works 50% of the time as per our experience but there is no harm in trying. Information shared on this website is for educational purposes only and should not be taken as legal advice. After a long wait, finally, on March 30th, 2022, DHS. 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. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. 2. This approach should allow claiming the automatic pending H-4 EAD work authorization (assuming all conditions are met). RN Law group reached court settlement. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. They are prioritizing F1 OPT for Form I-765 in FY 2022. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. The H4 EAD is valid for two years and can be renewed indefinitely. Once OMB approves it. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. You can submit the following documents to your employer while your H4 EAD is pending: The employer should allow you to work if you have a valid unexpired H4 i94. It is set to be $1,500 USD as per regulation. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. USCIS processes the premium processing request and makes a decision on the application. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. Any update when will this be implemented , it is pending since oct 2020. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. [DjbX[.H@7ZE~}$(R(ppIAq8e H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. We now wait for DHS. How to keep employment with an automatic H4 EAD extension? 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. Sorry for that. Below are the screenshots of the official text in the regulation that talks about it. 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. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. * For more information on the options available to demonstrate employment authorization for E spouses and L spouses, see E-1 Treaty Traders page (Family of E-1 Treaty Traders and Employees section), E-2 Treaty Investors page (Family of E-2 Treaty Investors and Employees section), E-3 Certain Specialty Occupation Professions from Australia page (Family of E-3 Nonimmigrant Workers section), L-1A Intracompany Transferee Executive or Manager page (Family of L-1 Workers section), or L-1B Intracompany Transferee Specialized Knowledge page (Family of L-1 Workers section). 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. 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. 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. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). 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. 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) USCIS will post the text for public inspection at least a day before the rule is officially published. NOTE: Individuals with a TPS-based EAD may receive an automatic extension of their EAD: NOTE: F-1 students who have a pending STEM optional practical training (OPT) extension application are not eligible for thetemporary increaseof the automatic extension period under thetemporary final rulepublished on May 4, 2022. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement inEdakunni v. Mayorkas, which restructures U.S. 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. Save my name, email, and website in this browser for the next time I comment. But its still good news for us. 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. There is currently a proposal to revoke this program. Any update on it ? 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. 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. The premium processing time for H4 EAD application cannot exceed 30 days. any updates after the new govt is in power now? You will also need to pay the filing fee. We are seeing H4 EAD approvals within 2-5 months at this time and have heard of many such cases. San Francisco, CA OfficeAddress details and contact form. No, H4 cannot start working without first getting the EAD card in hand. This added unnecessary delays and increased processing time by up to 2 years. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. Now that biometric screening is suspended, new applications can be processed much faster. No, they said that they will start implementing it for new filing starting Jan 25. 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. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). DEADLINE APPROACHING!! Any new updates on H4, H4 EAD premium processing? 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 relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); These are just a few representative testimonials. 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). This is great news for H4 EAD applicants! You may opt-out by. how long it take effective ? H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. hMO0oW NEA*]%Y}X What about currently pending l2 EAD extensions? Thanks. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 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