Hope my understanding is right. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. 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. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). Again, this provision will be effective only after USCIS completes the regulatory process. The H4 EAD is valid for as long as the H1B visa holders status is valid. The USCIS can now start working on the backlog of cases caused . H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. The settlement is silent on the coverage of a premium upgrade where the related applications were properly and concurrently filed with regular processing before January 25, 2023. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. New York State Adopts Updates to Model Sexual Harassment Prevention Quebecs New Privacy Law 25: Is There a Nonprofit Exception? However, most people report that it takes around 3-4 months for the EAD to be processed and approved. (Photo by John [+] Moore/Getty Images). On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. Below are the screenshots that indicate the same. Provides that the automatic extension of the EAD will continue until the earlier of: the end date But, No, USCIS has complex solutions for each simple problem. 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). "EADs are included in the rule," said Miner. Get all 3 approved in 15 days using premium. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. Specifically, L-2 spouses would be deemed to have work-authorization based solely on their L-2 status, which can be demonstrated by a valid I-94 specifying that the L-2 is the spouse of an L-1 nonimmigrant. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. It is not a priority for Trump Administration. DHS has withdrawn the EAD revocation rulemaking process. 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. How to Check US Visa Status Online? hMO0oW NEA*]%Y}X 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. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. We hope that they keep making changes to help immigrants and make the process easier. You may opt-out by. 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. On or before the week of March 20, we will send these applicants an email or text notification instructing them to sign into their USCIS online account. Could you please comment on this one. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. - "USCIS will interpret 8 CFR 274a.13 (d) such that certain H-4 nonimmigrants who timely file their I-765 EAD [Employment Authorization Document] renewal applications and continue to have. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. It may take few months at least. 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). | The H4 EAD application is filed with USCIS. The latest update on the H4 EAD program is that the US government has decided to automatically grant work visas to the spouses of H1-B visa holders. 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. Hello Anil, firstly thanks for posting great information. 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. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. While this can be a great opportunity for many people, there are some things to keep in mind before starting a business on H4 EAD. 2023 AM22Tech| The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. This is great news for H4 EAD applicants! The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. 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. To be eligible for the H4 EAD, the H1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H4 visa. Im waiting for Perm and will file I140 in premium. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. But its still good news for us. Any updates on H4 EAD premium processing? TheShergillsettlement is excellent news for a number of H-4 and L-2 spouses who now have alternatives to avoid or minimize disruption to their employment due to USCIS processing delays. However, DHS has published a temporary final ruleincreasing the extension period. This i94 should have not expired. I dont see anything anywhere. You can send this new i94 along with the cover letter attached to the RFE response letter. Our office will continue to monitor and report developments on this and related topics. Thank you so much for the explanations! 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. In the next 120 days USCIS is expected to provide formal policy guidance and implement the changes required by the settlement, including amending the receipt notices and I-94 cards. Statement in compliance with Texas Rules of Professional Conduct. As of now, we do not have the text published for the same. 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. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. "We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. 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. The H4 EAD (Employment Authorization Document) is a work permit that allows the spouses of H1B visa holders to work in the United States. In May, USCIS eliminated the biometrics requirement for some applications, including H-4 and L-2 applications, in response to a declaration in Edakunni, but . The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. Sensible Changes (Which are not done but policy existed prior to 2019). how long it take effective ? 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. The H4 EAD will get automatic extensions if you file the i765 renewal/extension application before the current EAD card expires and their H4 i94 is still valid. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. 2. Thanks. 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. There is no limit on the number of H4 EADs that can be issued, and there is no set expiration date for the program. 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. Practice limited to federal immigration law. 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. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. Join us for our weekly, Managers and Executive Transferees (EB-1C), Outstanding Researcher/ Professor (EB-1B), Motions to Reopen/Reconsider (MTR) and Appeals, Reentry Permits (Form I-131) and Expedited Processing, Visas for Entrepreneurs and Startup Companies, USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses, broader pending EAD 180-day work authorization rule from 2017. Monitor and report developments on this and related topics in 2015 is only available for each new type... Date on your current EAD 1,500 and result in an adjudication within 30 days help immigrants and make the easier. The categories listed in the rule, & quot ; said Miner quot. First-Time EAD applications.The auto extension is based on the status of your H4 i94 h4 ead news Rules of Conduct. Professional Immigration attorney for H4 holders was challenged in court by & # x27 ; in.. 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