h4 ead news
The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. The H4 EAD application is filed with USCIS. Practice limited to federal immigration law. The first step is to file an I-129 petition with USCIS. DHS did not settle the Edakunni lawsuit until January 2023. Does anyone know if this is a Interim Rule or Direct Final Rule? 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. Any update on it ? 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. What will happen to the fee paid to USCIS for i-765 application in process? The applicant then pays the premium processing fee. 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. 4. You will also need to pay the filing fee. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. The pre-Shergill settlement approach generally was to try file the H-1B premium processing, H-4 extension and H-4 EAD applications concurrently and then, once the H-1B is approved, seek to expedite the pending concurrent H-4 and H-4 EAD applications. As per another lawsuit earlier, USCIS had agreed to waive the H4 (i539) biometric for at least 2 years starting May 2021 simply to remove the hurdles of approving EAD. H-1B spouses are primarily in H-4 status, and an H-4 EAD (employment authorization document) provides work authorization. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. This added unnecessary delays and increased processing time by up to 2 years. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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. Review our. Given the difficulties and the very low success rate in expediting H-4/EADs, this approach resulted in many H-4 EAD spouses being unable to continue to work while waiting for the H-4/EAD renewals. 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. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. This i94 should have not expired. 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. 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. 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. In a legal settlement effective as of November 10, 2021, U.S. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. If approved, USCIS sends an approval notice to the applicant. 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. Premium processing for H4 EAD has not been announced yet. This temporary increase in the auto-extension period will end on Oct 26, 2023. Categories Eligible for Automatic Extensions. 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. *Currently licensed in New York only. 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. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. 2023 AM22Tech| There are notable limitations, however, and detailed implementation guidelines and I-9 compliance instructions are expected over the coming months. Save my name, email, and website in this browser for the next time I comment. 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. The wait times for H-4 EADs grew significantly after USCIS changed its policies, including requiring H-4 spouses to supply biometrics. 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. 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. Once these forms have been filed, USCIS will review the petition and issue an EAD if it is approved. CEAC Website, Errors Info. There is no definitive answer to this question as the processing time for an H4 EAD can vary depending on a number of factors. L-2 Spouses Settlement Terms and Changes. Finally, track your application status online so you can be prepared for any delays. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. If you would ike to contact us via email please click here. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. You will be forced to spend money on travel to get H4 visa stamps to get new i94s to get this 540-day auto extension. Sign-up to get the latest news and updates. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. 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. Second, submit your application as early as possible. 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. Required fields are marked *. RedBus2US.com 2010 - 2023, All Rights Reserved. This provision will be effective after USCIS completes the regulatory process. 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. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. There is no official information available from USCIS yet. 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. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. Again, this provision will be effective only after USCIS completes the regulatory process. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. You can send this new i94 along with the cover letter attached to the RFE response letter. A new patchwork has been added. 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. DEADLINE APPROACHING!! I write about globalization, business, technology and immigration. This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. The Biden administration announced that it will not strike the H-4 EAD (Employment Authorization Document) rule, which allows spouses of H-1B visa holders to work in the United States if they meet cer I dont see anything anywhere. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. When employment authorization was processed concurrently with the H-1B application, it went smoothly. Send it to the USCIS service center where your H4 EAD application is currently pending. They are prioritizing F1 OPT for Form I-765 in FY 2022. 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. The H4 EAD is valid for two years and can be renewed indefinitely. 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. 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. 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. 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. 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Its only applicable if the H4 and/or EAD are applied with H1B at the same time. To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. 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. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. First, make sure you have all the required documents. (~C, Eup^.O 1sU 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. The auto-extension of 540-day starts immediately on May 4, 2022. 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. Bethesda, MD OfficeCapitol Immigration Law Group PLLC4350 East West Highway, Suite 502Bethesda, MD 20814, Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.202.558.5456 (local). The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. Share sensitive information only on official, secure websites. H-4 h4 ead news grew significantly after USCIS completes the regulatory process L1 status, H4 EAD not... Of non-immigrants H1B visa holders must apply for employment permission FY 2022 Fast-Paced Cloud Environments of many such cases not... Write about globalization, business, technology and immigration EAD ( employment was. 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