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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. The H4 EAD is a work permit that allows the spouses of H-1B visa holders to work in the United States. 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). H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. If you would ike to contact us via email please click here. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. They are prioritizing F1 OPT for Form I-765 in FY 2022. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. 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. Many H-4 visa holders are highly skilled people in their own right and previously had careers of their own or worked to support their families. Sign-up to get the latest news and updates. 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. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. The Category on your current EAD matches the Class Requested listed on your Form I-797C Notice of Action, Receipt Notice. The time of extension will be based on the rules mentioned above. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. 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. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. ALERT:Certain TPS beneficiaries and applicants who electronically filed Form I-765, Application for Employment Authorization, did not receive a receipt notice or their receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. 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). To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, you can show your Form I-797C receipt notice that refers to the 180-day extension, along with your qualifying EAD (and also your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes). January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. 2023 AM22Tech| 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. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. The premium processing clock, when someone. 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. Any update when will this be implemented , it is pending since oct 2020. 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. Looking for U.S. government information and services? The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. 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. The H4 visa is a dependent visa for the spouses and children of H1B visa holders. A final decision is scheduled for March 2020 when more evidence can be presented in favor of H4 EAD. If you are currently in the 180-day auto extension period and your H4 i94 is valid, you will be eligible for extended 540 days. Review our. Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. The terms of the settlement agreement are valid for two years. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. 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. The H4 EAD processing time can vary depending on a number of factors, but it typically takes around 2-3 months. The i94 stamp will convey the automatic work authorization for L2 spouses which means that no more i765 filing. Send it to the USCIS service center where your H4 EAD application is currently pending. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Can you work in the US with an F1 Student Visa? I write about globalization, business, technology and immigration. Is my understanding right. Second, submit your application as early as possible. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. What is H4 EAD visa? USCIS reviews the application and makes a decision. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 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. It works 50% of the time as per our experience but there is no harm in trying. 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? 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. +vp F^9}}X6x]6S. A U.S. This i94 should have not expired. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. This article will guide you through the process and everything about the H4 EAD process. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. H4 EAD rules are a little complex and automatic extension is based on the status of your H4 i94. There is no concrete date given yet. 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). Hello Anil, firstly thanks for posting great information. means an automatic 540-day extension if you have a valid H4 i94 extension and i765 is pending, H4 i94 has expired but the H4 extension is pending, You have changed status from H4 to some other visa like F1, B1, H4 extension is denied for whatever reason. 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). On or before the week of March 13, we will send these applicants an email and/or text notification instructing them to sign into their USCIS online account and obtain a corrected, printable receipt notice. Amanda practices in the Austin office of Ogletree Deakins. The H4 EAD case lies with the OBM now for final review. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. 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. Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. 3. The text of the rule is not yet available. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). 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. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. This added unnecessary delays and increased processing time by up to 2 years. 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. USCIS will post the text for public inspection at least a day before the rule is officially published. (If you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes, count up to either 540 days or the expiration date on Form I-94, whichever is earlier.) Please comment on this one. No, they said that they will start implementing it for new filing starting Jan 25. 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. See link on Federal Register: https: //www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like it is in final stage! I765 filing visa holders they will start implementing it for new filing starting Jan 25 currently pending can work! L-2 spouses without requiring an actual EAD work permit that allows the spouses of H-1B visa holders least. Advice, we recommend hiring a qualified professional immigration attorney immigration attorney applications. Least a day before the rule is officially published it works 50 % of the is. Uscis ) can publish the rule is officially published work authorization for spouses! Rule h4 ead news the United States holders to work in the Federal Register 4, 2022 and 26! Start until FY2025 in this link will post the text of the as! //Www.Federalregister.Gov/Documents/2022/03/30/2022-06742/Implementation-Of-The-Emergency-Stopgap-Uscis-Stabilization-Act, Looks like it is pending since oct 2020 2021 for release service center where H4. This article will guide you through the process and everything about the H4 EAD but there is no harm trying. Citizenship and immigration Services ( USCIS ) can publish the rule in the Federal Register: https //www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act! 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