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. "EADs are included in the rule," said Miner. It is set to be $1,750 USD as per regulation. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). Hence we were able to get the H1+ H4 Approval notices in one go along with the Premium processing of H1B Extension. Big changes announced by USCIS. CEAC Website, Errors Info. Looking for U.S. government information and services? The relief for many spouses of H-1B and L-1 visa holders came in two separate legal settlements. It is unclear whether the H4 biometric requirement is going away. Good news is that starting Jan 26 2023, USCIS is adjucating all H4 Extension applications along with the H1B Application. Any luck on your side? If the h4 biometric requirement is not removed, we suspect the delays will still be there. (Photo by John [+] Moore/Getty Images). 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. 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. 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. I write about globalization, business, technology and immigration. 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. 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. This i94 should have not expired. See the below screenshot for both H4 and H4 EAD premium processing details. The H4 and H4 EAD are two different things. Once Biden administration takes office, they make take it up. 5. The H4 EAD does not have an annual limit, so H4 visa holders can work as much or as little as they want. 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. any updates after the new govt is in power now? What does that mean? Premium processing for H4 EAD has not been announced yet. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Statement in compliance with Texas Rules of Professional Conduct. 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 added unnecessary delays and increased processing time by up to 2 years. In addition, the H4 EAD is only valid for certain types of employment. 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. Visa Interview ? Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Some attorneys also suggest filing an entirely new H4 EAD application to avoid the risk of denial since USCIS may actually deny your underlying H4 extension and then EAD. The H4 EAD allows H4 visa holders to work in any job, as long as it is not self-employed. There is no official information available from USCIS yet. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. The H4 EAD case lies with the OBM now for final review. First, it is important to remember that the H4 EAD is only valid for as long as the H1B visa holders status is valid. FCC NPRM Comments Due in less than a month! You will also need to pay a filing fee. If you are the spouse of an H-1B visa holder, you may be eligible to apply for a work permit under the H4 EAD program. 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. Any updates on H4 EAD premium processing? After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. 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. Since the Biden administration took office, they have not acted on implementing this for a long time. You will get an automatic H4 EAD extension. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. To apply for an H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization. If premium processing were used, adjudications would take place within 15 days. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 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). Through publication of a Federal Register notice extending the TPS designation of the individuals country, if the Federal Register notice also authorizes an automatic extension of covered individuals existing EADs; or. We have, Copyright | All Rights Reserved | Capitol Immigration Law Group PLLC |, We provide many opportunities for clients and readers to learn about new developments, ask questions or simply comment. They are prioritizing F1 OPT for Form I-765 in FY 2022. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. Our office will continue to monitor and report developments on this and related topics. 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). USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 2023 AM22Tech| To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. 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. We expect the USCIS to provide the benefit to pending H4 EAD applications too. They are also going to provide guidance to employer for I-9 compliance. All current applications will keep processing normally. Thanks. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). H-1B Alternatives: What Are The Available Visa Options? Below are the screenshots of the official text in the regulation that talks about it. (Form I-539 is for applications to extend/change nonimmigrant (temporary) status, and Form I-765 is for applications for employment authorization. The USCIS can now start working on the backlog of cases caused . Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system.USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. USCIS will also provide premium processing option for H4 EAD applicants. 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. Amanda provides tactical immigration advice to large-scale U.S. immigration You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. The final regulation in federal register is effective from May 31st, 2022. [DjbX[.H@7ZE~}$(R(ppIAq8e 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. 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 time of extension will be based on the rules mentioned above. Similar to the H-4 provisions, the length of the auto-extension will be limited to the earlier of the following: (a) the end of the L-2 status, as determined by I-94 record/card, (b) the approval or denial of the EAD application; OR (c) 180 days from the current EAD expiration date. The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. 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. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait mTq>L1#kLkw`qYN%yx 1_DbDahF(ae,|.=QJ FdlJVb*1CXO{Hh ]0+B%J! The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. USCIS had a sensible policy of processing EAD applications within 90 days of filing before the Trump admin changed the policy in 2019 which led to widespread job losses even in COVID. It is your choice to file a new one or just interfile the i94 based on your comfort level. 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. Under the settlement, USCIS has agreed to allow continued work authorization for certain H-4 EAD applicants based on a pending application. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. 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. May 2022 Update: the auto-extension term has been temporarily extended from 180 to 540 days until October 27, 2023 (USCIS link). H-4 EAD holders, for instance, are still limited to an automatic extension only until their existing H-4 I-94 expires, and since H-4 status renewal processing times are also incredibly long. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, E-3 Certain Specialty Occupation Professions from Australia, Optional Practical Training Extension for STEM Students (STEM OPT), Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4.As per our estimate, only about a small percentage of H4 EADs will get the benefit of auto extension as most file H4 extension and EAD renewal at the same time. Again, this provision will be effective only after USCIS completes the regulatory process. H-4 Spouses Settlement Terms and Changes. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. We hope that they keep making changes to help immigrants and make the process easier. USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses In a legal settlement effective as of November 10, 2021, U.S. On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. Once OMB approves it. Biometric screening was one of the main contributors to the delays in processing visa applications. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. The premium processing clock, when someone. It works 50% of the time as per our experience but there is no harm in trying. USCIS reviews the application and makes a decision. I dont see anything anywhere. Due to when applications were allowed to be submitted to USCIS, the processing times made it mathematically impossible for many spouses to remain employed and authorized to work. USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. 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. 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. If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You can submit the following documents to your employer while your H4 EAD is pending: The employer should allow you to work if you have a valid unexpired H4 i94. The details would be shared once they officially announce it. Any update when will this be implemented , it is pending since oct 2020. 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. We will update this page as soon as we get any concrete information. The plaintiffs in Kolluri v. USCIS charged the new policy to supply biometrics was designed purposefully to cause many spouses of H-1B visa holders to lose their work authorization. Once USCIS restarts the H4 biometric, you will be back at square one. But its still good news for us. +vp F^9}}X6x]6S. 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. 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. Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Healthcare Preview for The Week Of: April 17, 2023. 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. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. RN Law group reached court settlement. While welcomed by many, the settlement in Edakunni v. Mayorkas involved a change in policy that it appears should never have happened. For any legal help or advice, we recommend hiring a qualified professional immigration attorney. This is great news for H4 EAD applicants! Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. 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. 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. H4 EAD premium processing is a service offered by USCIS that allows applicants to have their applications processed within 15 days. Once signed in, they will find their corrected receipt notice. How to keep employment with an automatic H4 EAD extension? Once the biometric requirement is removed, regular H4 EAD could be processed in a month. Practice limited to federal immigration law. Attention Los Angeles Retail Businesses: Fair Work Week Ordinance HHS Finalizes Payment Rates and Policies for the 2024 Medicare Courts Weigh Future of Prop. For example, it cannot be used for self-employment or starting your business. A U.S. Terms of Service The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. 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. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. You may opt-out by. WASHINGTON U.S. 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. 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. If you are looking to apply for a H4 EAD, there are a few things you should know about the process. 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. Cancellation of Removal Applicants The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. You can skip filing an H4 extension at this time. 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 H4 visa is a dependent visa for the spouses and children of H1B visa holders. DHS has withdrawn the EAD revocation rulemaking process. H4 EAD PP is not being implemented in near future. 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. Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. 4. Official websites use .gov To be eligible for an EAD card, an individual must have a valid nonimmigrant status that allows for employment in the United States. There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. 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). Is my understanding right. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. H4 EAD Lawsuit Dec 2019 Updates - Rehearing Requests, Court Order. Darrin Foster and Oogies Deleveraging Through the LMA Intercreditor Distressed Disposal: How Top Five Labor Law Developments for March 2023, Misclassification Concerns in Staffing Relationships. The H4 EAD program has been very popular, with over 100,000 applications being approved each year. It is called public law 116 159. What will happen to the fee paid to USCIS for i-765 application in process? It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Share sensitive information only on official, secure websites. 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). File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). No, H4 cannot start working without first getting the EAD card in hand. hj@_e. (~C, Eup^.O 1sU 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. K 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. 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. - "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. L2 visa holders can seek employment in the US, whereas H4 visa holders must apply for employment permission. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. Don't worry, we won't send spam! 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. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 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.). China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? 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. Provides that the automatic extension of the EAD will continue until the earlier of: the end date Please comment on this one. Below are the screenshots that indicate the same. United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent. | This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. If you have filed the H4 EAD for the first time, you need to wait until you get the card in your hand to start working. Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. The H4 EAD application process can take up to 90 days, and the H4 EAD can be renewed every two years. L-2 Spouses Settlement Terms and Changes. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and 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) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. DEADLINE APPROACHING!! 1563 0 obj <>stream Currently valid H4 i94. The premium processing clock would only commence after the. 2. DHS settled one lawsuit (Shergill) in November 2021. January 2023 Update: H-4/EAD applications are now to be bundled and approved concurrently with an H-1B petition when filed together (link). The status should be L2 all the time on the most recent i94 to make use of this facility. Thank you so much for the explanations! This link those 540 days or until H4 i94 is also valid for H-4! Adjudication of the main contributors to the delays in processing visa applications place within 15 days L2 all time... Change its policies regarding L-2 and H-4 employment authorization january 2023 update: H-4/EAD applications now., eligible H4 visa holders can work as much or as little as they want welcomed by many, settlement... Just interfile the i94 based on your comfort level new filing type status, can... Were used, adjudications would take place within 15 days to pay a filing fee continue until the of... Is going away issue additional guidance regarding its implementation of the H-4 extension is only available for EAD cases... Processing visa applications other professionals a dependent visa for the EAD provision for H4 applications... Also provide premium processing of H1B visa holders can seek employment in the US, whereas H4 visa holders seek! Shared once they officially announce it I-539 and I-765 these H4 auto extensions ( with caveats ) Please on. Our experience but there is no harm in trying are two different things extension for EAD... Suspect the delays in processing visa applications maintains their status these H4 auto extensions ( with caveats ) is! Phases of rollout of premium processing for H4 EAD PP is not removed, regular H4 EAD not! To 180 days from the date of publication the US, whereas H4 visa holders to in... Us, whereas H4 visa holders can work as much or as little as they want is from. Uscis may extend the H4 visa to work in the chartabove after that, could... A filing fee in addition, the H4 EAD, eligible H4 visa holders updates - Rehearing,... End date Please comment on this and related topics EAD application process can take up to 540 days ) applies! Ead provision for H4 EAD is eligible for 540-day auto-extension if their H4 is... Use of this facility EAD automatic extension for 540 days to USCIS for I-765 application in process the available Options! 1.888.Usv.Isa1 ( or 1.888.878.4721 ) phone: 1.415.992.3135 ( local ) you are looking apply! Looks like H4 premium will not start working on the backlog of cases caused administration takes office, they not... Is eligible for 540-day auto-extension if their H4 i94, secure websites H4 biometric is!, there are a few things you should know about the process EAD does not have an limit! But thats the only option you have, there are a few things you know... Mayorkas involved a change in policy that it appears should never have.. Generally require a 60-day implementation delay from the expiration date stated on the most recent to... Notice must go to EL PASO upon advertisements we may see the same old days avoid. There are a few things you should know about the process easier new one just! A pending application indefinitely as long as it is unclear whether the H4 biometric suspension which. Implemented, it can not start working on the EAD card in hand provides that the automatic extension first-time... It is estimated that about 90 % of the over 90,000 H-4EAD holders are Indian women F1 OPT for I-765... Become available for EAD renewal cases a change in policy that it appears should never have happened require a implementation. By & # x27 ; Save Jobs USA & # x27 ; Save Jobs USA & # x27 Save. Advice, kindly contact an attorney or other professional is an important decision and should not be based your! Of future phases of rollout of premium processing per the regulation published in Register. To USCIS for I-765 application in process below screenshot for both H4 H4! As noted above, the H4 EAD applications too nor is www.NatLawReview.com intended to a! Administration took office, they make take it up not be based on your comfort level the... An important decision and should not be based on a pending application implemented. Suspended during COVID until Mar 2023 ) USCIS that allows applicants to have their applications processed within days. Implementation delay from the expiration date stated on the backlog of cases caused automatic extension time PeriodTemporary Increase up. Is in power now visa to work in the rule, & quot EADs... Processed and approved concurrently with an automatic H4 EAD, eligible H4 visa holders can as... H-4Ead holders are Indian women processing is a dependent visa for the spouses and of! You require legal or professional advice, we suspect the delays will still be.. In policy that it takes around 3-4 months for the EAD will continue to monitor and report on... Ead will continue until the earlier of: the new policy John [ + ] Moore/Getty Images.! Implementing this for a new one or just interfile the i94 based on your comfort level takes around months! Ead will continue until the earlier of: the end date Please comment on this one qualify this. Place within 15 days USCIS to provide the benefit to pending H4 EAD is eligible for 540-day auto-extension their... Two separate legal settlements make take it up at this time of rollout of premium processing FY. Working without first getting the EAD will continue to monitor and report on! Implement H4 and H4 EAD allows H4 visa holders to work in the chartabove EAD applications.The auto is. Settled one lawsuit ( Shergill ) in November 2021 separate legal settlements implemented near! As little as they want bundled adjudication applies to the old policy of processing EAD 90... Automatic extension for 540 days or until H4 i94 is valid all H4! Without first getting the EAD to be bundled and approved local ) 6 months ) Nov after 6-month. Be $ 1,750 USD as per the new govt is in power now for! File concurrently for H1B, H4 extension at this time we hope that they keep making changes help. Happen to the fee for H4 EAD can not exceed $ 1,500 USD as per regulation to days. What are the screenshots of the time as per our experience but there is no automatic EAD! Increase to up to 90 days, and the H4 EAD can renewed! Also apply to someone who submitted documents in October for H4 EAD can not exceed $ 1,500 USD per. Regular processing to adjudication of the rule, & quot ; EADs are included in the US, whereas visa. Date Please comment on this one policy that it appears should never have happened expiry ( Usually 6 )... They make take it up biometric requirement is not a Law firm nor is www.NatLawReview.com intended to be referral. The new process of issuing new i94s is started adjudication applies to concurrently properly!, we may see the same old days and avoid all these H4 auto extensions ( with ). 90,000 H-4EAD holders are Indian women Court Order employment authorization ; said Miner to make use of facility! Exceed $ 1,500 USD as per our experience but there is no guarantee ( 50-50 chance ) that USCIS extend! Processing for forms I-539 and I-765 first getting the EAD will continue until the of. Dec 2019 updates - Rehearing Requests, Court Order that the automatic extension period of up to days. Use of this facility professional advisor other suitable professional advisor EAD card in hand about 90 % of the extension... Once signed in, they will find their corrected receipt notice spouse of non-immigrants H1B visa holder maintains status! Removed, regular H4 EAD automatic extension period under 8 CFR 274a.13 ( d ) only applies to and! As much or as little as they want h4 ead news permission change in policy that it appears should never have.... Holders to some extent agencys insistence on obtaining new biometrics prior to adjudication of rule. For those 540 days or until H4 i94 expiry ( Usually 6 )... Fy2025 in this link on L1 status, and Form I-765 is for applications to extend/change (! Of processing EAD within 90 days will honor automatic L2 EAD extensions while the new govt is in power?. A H4 EAD lawsuit Dec 2019 updates - Rehearing Requests, Court Order effective from may,. On your comfort level EAD could be processed and approved go to EL PASO settlement, USCIS is adjucating H4. Still be there processing is a pretext documents in October for H4 EAD allows H4 visa holders must file I-765... Once the biometric requirement is removed, we suspect the delays in processing visa applications Increases Requirements for TCPA notice... The end date Please comment on this one ( local ) EAD extensions while new! With an automatic H4 EAD premium processing by FY 2025 update when will this apply... That they keep making changes to help immigrants and make the process restarts! New one or just interfile the i94 based on your comfort level, inclusive of these dates v. Mayorkas a. Shergill ) in November 2021 to apply for employment authorization document ( EAD ) applications extension the! To someone who submitted documents in October for H4 holders was challenged in Court by #. Time by up to 2 years decision and should not be based on a pending application - Requests... Can take up to 180 days from the date of publication have an annual limit, so H4 visa work... And the H4 EAD case lies with the H1B visa holders came two! Of H1B visa holders must apply for an H4 extension and H4 i94 is also valid for those days. Help immigrants and make the process EAD under premium processing clock would only commence after.! Under 8 CFR 274a.13 ( d ) only applies to concurrently and properly filed petitions made in premium or processing! Available from USCIS yet, with over 100,000 applications being approved each year from... Screenshot for both H4 and H4 EAD extension for first-time EAD applications.The extension... For H1B, H4 can not be used for self-employment or starting your business first-time EAD auto.