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. Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. However, as outlined above, there are some notable limitations in the new policies. Premium processing for H4 EAD has not been announced yet. https://public-inspection.federalregister.gov/2022-06742.pdf?fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, There is some update, looks like meeting is scheduled for 02/09/2022 for implementation of this bill. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. The automatic extension will be for the earliest date: You will not get any automatic EAD extension if your H4 i94 has expired. The applicant then pays the premium processing fee. Required fields are marked *. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. 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. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. (Photo by John [+] Moore/Getty Images). Provides that the automatic extension of the EAD will continue until the earlier of: the end date 1563 0 obj <>stream Please note that 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. L-2 spouses who hold an I-94 that does not indicate their spousal status may need an EAD in order to work, until they receive an I-94 with an L-2 spouse annotation (by doing L-2 extension or a new I-94 issued at the port of entry upon arrival into the U.S.). It is set to be $1,750 USD as per regulation. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. This will not change/help anyone who is filing for a fresh/new H4 EAD card ? 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. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. There is another lawsuit that has been filed recently by Greg Siskinds team and AILA which challenges USCIS to process EADs within a 90-day timeline. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. See the timeline and screenshots. Review our. Big changes announced by USCIS. To mitigate this situation, we suggest these steps: These steps do work with 100% success if your H4 visa stamp in the passport is still valid. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. The premium processing fee for H4 visa extensions and change of status(COS) using form I-539 form is going to be $1,750, The premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. The below article tracks the latest news updates on the same with the timeline of events, current status. Will there be premium processing for GC EAD as well? If you are the spouse of an H-1B visa holder, you may be eligible to apply for a work permit under the H4 EAD program. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. So if I understand correctly, the automatic 180 day extension will only be valid if one has/had an H4 EAD already and they are waiting on their extension. Sign-up to get the latest news and updates. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. 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. This is great news for H4 EAD applicants! Input your search keywords and press Enter. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. An individuals automatic extension period may terminate prior to the maximum period (either 540 or 180 days) either automatically when USCIS issues a denial of the applicants Form I-765 renewal application or upon notice. It only applies to H-4 spouses who have an existing EAD, who file a timely H-4 EAD extension, AND, very importantly, who have I-94 card already granted for some additional period beyond the existing H-4 EAD card validity term (and not just a pending H-4 status extension application). There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. There is an automatic H4 EAD extension but only up to H4 i94 validity. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. San Francisco, CA OfficeAddress details and contact form. If premium processing were used, adjudications would take place within 15 days. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. Most importantly, when using this methodology, dependent spouses rarely faced job loss due to delays by USCIS., Trump administration officials expressed interest in rescinding a regulation finalized during the Obama administration that granted work authorization to the spouses of H-1B visa holders with approved immigrant petitions (i.e., typically long-pending employment-based green cards). You will still need to file lawsuits to expedite H4 extension approvals. 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. January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). 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. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. 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. I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. Does anyone know if this is a Interim Rule or Direct Final Rule? Dropbox ? Hope my understanding is right. Now that biometric screening is suspended, new applications can be processed much faster. The premium processing time for H4 EAD application cannot exceed 30 days. It is planned to be implemented by FY 2025. Currently valid H4 i94. endstream endobj 1564 0 obj <>stream The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. 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. Her work includes strategy and guidance on the Adjustment of Status and citizenship application lifecycles. Wednesday, June 2, 2021. Cancellation of Removal Applicants The EAD card is valid for a specific period of time and must be renewed every two years. 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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. Biometric screening was one of the main contributors to the delays in processing visa applications. Is my understanding right. If approved, USCIS sends an approval notice to the applicant. Now, the Biden . Any new updates on H4, H4 EAD premium processing? If you look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. USCIS was challenged in a lawsuit (Shergill et al, v Mayorkas, 21-cv-1296-RSM) as a result of long-delayed EAD applications for certain nonimmigrant spouses. how long it take effective ? As far as we know, there is no news about i485 EAD and AP processing times as they are also taking more than a year at this time. They are also going to provide guidance to employer for I-9 compliance. Amanda practices in the Austin office of Ogletree Deakins. "EADs are included in the rule," said Miner. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. How much time will it take to make it a law? 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. Eads are included in the rule, & quot ; said Miner those 540 days https: //public-inspection.federalregister.gov/2022-06742.pdf?,! Paid to USCIS for I-765 application in process by AILA on behalf of immigrant spouses summer! For implementation of this bill, looks like meeting is scheduled for 02/09/2022 for of! 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