Good News for Illinois Employers: Illinois Supreme Court holds that HHS Seeks to Strengthen Protections of Reproductive Health Multistate Monday: Marijuana ComplianceDont Blow It [PODCAST], Preserve Your Claims by Preserving the Evidence. 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. 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. Visa Interview ? These two changes will bring a sea change in the current USCIS policy which forces almost all EAD workers to lose their job or spend thousands of dollars in filing individual lawsuits to force the government to do their job on time. RedBus2US.com 2010 - 2023, All Rights Reserved. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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). Allow earlier filing of EAD renewals. PTI Updated Apr 08, 2022, 7:35 AM IST This would remove the. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability. hj@_e. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. In either case, we suggest filing H4 EAD only after getting a new H4 i94. Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for immigration benefits either at a consulate or in the United States, noted the plaintiffs. The H4 and H4 EAD are two different things. The below article tracks the latest news updates on the same with the timeline of events, current status. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. The H4 EAD premium processing times and steps are as follows: 1. 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. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. It is called public law 116 159. 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After the EAD expires, the holder will need to reapply if they wish to continue working in the United States. (Photo by John [+] Moore/Getty Images). March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. See the timeline and screenshots. Automatic Employment Authorization Document (EAD) Extension. 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 apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. The H-4 EAD auto-renewal terms do not apply benefit for concurrently-filed H-4 extension and H-4 EAD applications because the H-4 EAD auto renewal terms require an I-94 record which must be either already granted by virtue of H-4 status extension application or by entering the U.S. on H-4 status. 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. 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. %PDF-1.6 % Post-Shergill, and in order to claim the benefits of the automatic H-4 EAD renewal work authorization terms, it may be best to file the H-1B extension with premium processing and then, once approved, the H-4 spouse would leave the US, travel to their home country (or Mexico/Canada, perhaps even using the automatic visa revalidation program) and then be admitted in to the US on H-4 status for a term matching the newly-extended H-1B petition. Employment Authorization for Certain H-4 Dependent Spouses Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or Any idea when OMB will process this request. 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. The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation. Weekly IRS Roundup April 10 April 14, 2023. According to the settlement, USCIS will allow automatic work authorization extension for up to 180 days past the EAD card expiration for standalone pending H-4 EAD applicants which must (1) have a timely filed renewal and (2) continue to have H-4 status (I-94 card) beyond their current EAD expiration. Due to their constraints and budget issues, USCIS is implementing the premium Processing in a phased manner and not implementing all the forms in FY 2022. Employers should complete Form I-9 using the same guidance applicable to those who present a Form I-797C Notice of Action receipt notice indicating that the Form I-765 renewal application was filed before May 4, 2022, and that states the normal 180-day automatic extension period. The big unknown is how soon USCIS will. Below is the summary : USCIS H4 Premium Processing The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750 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. All current applications will keep processing normally. To be eligible for the H4 EAD program, the H-1B visa holder must have an approved I-140 petition, and the H4 visa holder must have an H-4 visa. Why US Visa Status on CEAC says Refused for 221g ? Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. San Francisco, CA OfficeAddress details and contact form. 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. 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. Don't worry, we won't send spam! In order to be eligible for premium processing, applicants must have an H4 visa that is valid for at least six months, and they must have an employment offer from a U.S. employer. There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. 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. 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. Second, submit your application as early as possible. The cost of this service is $1,225, and it is available for both H4 visa holders and their dependents. 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. OMB review is the last step in the rulemaking process before U.S. You can skip filing an H4 extension at this time. 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. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. Once the biometric requirement is removed, regular H4 EAD could be processed in a month. 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. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. endstream endobj 1565 0 obj <>stream Currently valid H4 i94. Input your search keywords and press Enter. Statement in compliance with Texas Rules of Professional Conduct. It is not mentioned in the settlement agreement. 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. Blogitivity Media FZ LLC, Ajman Media City UAE. L-2 Spouses Settlement Terms and Changes. If you have already exhausted 180 days of auto-extension and H4 EAD is still pending but you have longer H4 i94, you can resume working from May 4, 2022, as you will get an auto extension up to 540 days. 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. The government and plaintiffs have signed off on a settlement in which USCIS would agree to return to bundling the adjudication of I-539s and I-765s for H-4 and L-2 derivatives along with the underlying I-129 when these forms are filed together, according to a statement from Jonathan Wasden of Wasden Law and Steven Brown from Reddy & Neumann, P.C. H4 & EAD premium processing starting May 31, 2022. Is my understanding right. DHS did not settle the Edakunni lawsuit until January 2023. (~C, Eup^.O 1sU The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. This will not change/help anyone who is filing for a fresh/new H4 EAD card ? 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. 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. This i94 should have not expired. Amanda practices in the Austin office of Ogletree Deakins. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. It may take few months at least. Practice limited to federal immigration law. 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. There is no concrete date given yet. This looks like progress. How Russell Westbrook And Chris Paul Put Points On The Board Without Scoring, Meet Americas Best Brands For Social Impact 2023, A Lesson From Credit Suisse On The Unintended Consequences Of Enforcing Yesterdays Policies, Why Leading With Empathy Is More Important Than Ever, Rally Indifferent Colleagues With A Burning Platform For Change That Is External, Compelling And Personal, President Erdogans Outsized Role In Waning US Role In The Middle East, Making Climate Finance Work For Real People: Lessons For The World Bank From Fiji And Barbados, work authorization to the spouses of H-1B visa holders. This will not change/help anyone who is filing for a new Chemical Substance H4 and H4 along... 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