They still need to apply for H4 EAD and that too only if H1B i140 is approved for eligibility. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. PTI Updated Apr 08, 2022, 7:35 AM IST This would remove the. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. This I-94 card would be used as a List C document for Form I-9 purposes as long as it identifies the bearer as an L-2 spouse. The EAD card, also known as the Employment Authorization Document, is a document that allows certain individuals to work in the United States. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Dependents of H1-B visa holders receive an H-4 visa. H4 extensions usually take more than 8 months and 12+ months if biometrics is also needed. 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. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). H4 EAD March 2020 Update. The automatic extension will be for the earliest date: You will not get any automatic EAD extension if your H4 i94 has expired. For example, it cannot be used for self-employment or starting your business. The terms of the settlement agreement are valid for two years. how long it take effective ? The agencys bad faith insistence on biometrics for H-4 visa holders is telling, especially when DHS is not aware of any risk factors such as fraud, criminal activity, or threats to public safety or national security associated with H4 dependent spouses as a whole that would support imposing [additional burdens].. How to find colleges in the USA for higher studies, Free Application for Federal Student Aid (FAFSA) Complete Guide, Can You Become a US Citizen with a Student Visa. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. 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. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. Current H4 EAD card copy (even if it has expired). The H4 and H4 EAD are two different things. The H-4 visa is issued to spouses of H-1B visa holders that allows them to apply for employment authorisation (EAD) to legally work in the US. 2023 AM22Tech| 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. 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. "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. Big changes announced by USCIS. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. The process of applying for an H4 EAD can be long and complicated, but there are a few things you can do to speed up the process. Why US Visa Status on CEAC says Refused for 221g ? Required fields are marked *. How to keep employment with an automatic H4 EAD extension? The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. However, in general, an applicant can usually start working on H4 EAD receipt if they have the necessary work authorization and their employer is willing to sponsor them. The H4 EAD program allows spouses of H-1B visa holders to obtain employment authorization in the United States. By following these tips, you can increase your chances of getting your H4 EAD approved in a timely manner. The USCIS can now start working on the backlog of cases caused . (. Review our. The first step is to file an I-129 petition with USCIS. [DjbX[.H@7ZE~}$(R(ppIAq8e Does anyone know if this is a Interim Rule or Direct Final Rule? USCIS has been inconsistent in their recent handling of these cases so we recommend planning carefully and consulting with an attorney to plan carefully this option. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. It is your choice to file a new one or just interfile the i94 based on your comfort level. DHS settled one lawsuit (Shergill) in November 2021. 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.). (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. Conclusion/Further USCIS Guidance Anticipated. It may take few months at least. If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). I fear my wife is going to lose her job since EAD expires end of October. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. If you have already filed H4 and H4 EAD and then have got a new H4 i94 by either traveling to any border or any other country, we strongly suggest sending this new i94 to the USCIS service center. Under the Shergill settlement, USCIS is changing its policy by allowing L-2 spouses to work without the need for an EAD, with some limitations. 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). The H4 EAD is valid for two years and can be renewed indefinitely. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. As of now waiting for Perm, will file I140 in premium. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). She has extensive experience in employment-based immigration across non-immigrant visas in the H, L, E, O, P, and TN classifications and immigrant visas in all preference categories (focusing on PERM, EB-1, and EB-2 NIW). This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. 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. 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. DHS settled a class-action lawsuit launched by AILA on behalf of immigrant spouses last summer. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 Bank USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Card New York State Adopts Updates to Model Sexual Harassment Prevention Policy, Life Sciences Lifeline - Medical Countermeasures for Biodefense, McDermott Deal Academy 2023 Photovoltaik, Critical Wage & Hour Developments for 2023: New Minimum Wage Laws, Paying Day Rates, and DOL Focus on Pay Equity. The H4 EAD premium processing times and steps are as follows: 1. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. 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. This past year has seen a lot of upheaval among the H-4 EAD holders when the DHS sent out an initial ruling to the Office of the Management and Budget rescinding the right to work for these H4 visa holders. It seems that life for high skilled H1B and their families is not easy. The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. For guidance on completing Form I-9 covering automatic extensions and proof of employment authorization for hiring, rehiring, and reverification, as well as all other Form I-9-related guidance, visit I-9 Central. How much time will it take to make it a law? National Law Review, Volume XIII, Number 24, Public Services, Infrastructure, Transportation, A Bipartisan Tax Bill Aims to Close Loopholes in Whistleblower Law. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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