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. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. 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. L2 EAD has got more benefits as part of the court settlement as they do not even need to file EAD (i765) form now. 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. Note that you cannot use an automatic work permit if you change your status from l2 to something else. For a time, U.S. Information shared on this website is for educational purposes only and should not be taken as legal advice. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. 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. DHS will change the process and indicate whether an L-2 holder is a spouse (as opposed to an L-2 child) over the coming months. 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. Attorneys blamed it on Trump administration policies which appears were designed to prevent spouses from working in the United States. This i94 should have not expired. Best for VisitorsEconomical PlanCOVID19 includedCovers MedicalPre-Existing ConditionsFirst Health Network, Rated A ExcellentCOVID19 includedCovers MedicalCovers DentalTrip CancellationFull Refund on Cancel, Last Updated on January 28, 2023 by Mani Karthik. Secure .gov websites use HTTPS Practice limited to federal immigration law. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Categories Eligible for Automatic Extensions. %PDF-1.6 % There is no guarantee (50-50 chance) that USCIS will accept this interfiled new i94 but thats the only option you have. 4. 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. As noted above, the new H-4 EAD pending renewal work authorization is much more limited in scope and validity. Prior to the Trump administrations change in policy, H-1B and L-1 spouses did not go without employment authorization or fall out of status because of the governments process at USCIS, said Jon Wasden in an interview. The H4 is a visa that allows the spouse of an H1B visa holder to enter the United States. However, DHS has published a temporary final ruleincreasing the extension period. Hello Anil, firstly thanks for posting great information. | It is unclear when a decision will be made on the fate of the H4 EAD, but it is important to stay up-to-date on the latest developments. For example, it cannot be used for self-employment or starting your business. 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. As you all know, certain H4 Visa holders are eligible to apply for H4 EAD to work in US. 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. As of now waiting for Perm, will file I140 in premium. Big changes announced by USCIS. 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. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 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. However, the Trump administration has proposed eliminating the program, which would put the spouses of H-1B holders at risk of losing their jobs. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. 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. Hello Anil, I couldnt find a way to post a new message here. 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. USCIS also has agreed to allow work authorization for L-2 spouses without requiring an actual EAD work permit. WASHINGTON U.S. 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. 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. Will the premium processing for EAD also include L2 EAD? Bundled adjudication applies to concurrently and properly filed petitions made in premium or regular processing. 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. There is no concrete date given yet. The EAD provision for H4 holders was challenged in court by 'Save Jobs USA' in 2015. Second, submit your application as early as possible. This means that if the H1B visa holders status expires, the H4 EAD will no longer be valid. h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ Provides that the automatic extension of the EAD will continue until the earlier of: the end date Until then H-4 visa holders can continue filing for an EAD or applying for extensions as they become eligible. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. 1563 0 obj <>stream The H4 EAD can be renewed indefinitely as long as the H1B visa holder maintains their status. 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.). There is no definitive answer to this question as it depends on a number of factors, including the specific H4 EAD program the applicant is applying for and the specific job they are applying for. This I-94 card would be used as a List C document for Form I-9 purposes as long as it identifies the bearer as an L-2 spouse. 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. 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. Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). Now, the Biden . 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. *Currently licensed in New York only. We do not have the date on when this will be effective. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. So is it a problem only for new EAD applications? Blogitivity Media FZ LLC, Ajman Media City UAE. 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. 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 . There is an automatic H4 EAD extension but only up to H4 i94 validity. Otherwise, you are still at the mercy of USCIS. (Photo by John [+] Moore/Getty Images). To apply for H4 EAD, you will need to submit a Form I-765, Application for Employment Authorization, along with the required supporting documentation. There is currently a proposal to revoke this program. 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. Once OMB approves it. 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. H-4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the United States. To mitigate this situation, we suggest these steps: These steps do work with 100% success if your H4 visa stamp in the passport is still valid. The USCIS can now start working on the backlog of cases caused . Also involved in the settlement was Jesse Bless on behalf of the American Immigration Lawyers Association (AILA) and Kripa Upadhyay of Karr Tuttle Campbell. Prior to March 2019, USCIS adjudicated Form I-539, Application to Extend/Change Nonimmigrant Status, for H-4 and L-2 dependents and Form I-765, Application for Employment Authorization, at the same time as the principals petition when concurrently filed. 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. You will also need to pay a filing fee. We will also send corrected paper receipt notices by mail. 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. For H-4 spouses who have lawful status and merely need to renew their employment authorization, they will now enjoy an automatic extension of their authorization for 180 days after expiration should the agency fail to process their timely-filed applications.. Wednesday, June 2, 2021. It is planned to be implemented by FY 2025. :wKt3.Guh7- 4S:p@216.w 9Y7@]pAM The details would be shared once they officially announce it. Conclusion/Further USCIS Guidance Anticipated. It is not a priority for Trump Administration. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. Thank you so much for the explanations! Review our. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. Also, pleasesubscribe to our free weekly newsletterto ensure that you obtain this and related immigration-related news and announcements. Visa Interview ? 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. 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. 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. 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. * For more information on the options available to demonstrate employment authorization for E spouses and L spouses, see E-1 Treaty Traders page (Family of E-1 Treaty Traders and Employees section), E-2 Treaty Investors page (Family of E-2 Treaty Investors and Employees section), E-3 Certain Specialty Occupation Professions from Australia page (Family of E-3 Nonimmigrant Workers section), L-1A Intracompany Transferee Executive or Manager page (Family of L-1 Workers section), or L-1B Intracompany Transferee Specialized Knowledge page (Family of L-1 Workers section). Input your search keywords and press Enter. Any update when will this be implemented , it is pending since oct 2020. But there may be solutions and options. There is this Rule that came into effect informing that if your H4 has an unexpired I94 + Proof of having . The premium processing time for H4 EAD application cannot exceed 30 days. How to Check US Visa Status Online? FCC NPRM Comments Due in less than a month! Any idea when OMB will process this request. The H4 EAD is a work permit that allows the spouses of H1B visa holders to work in the United States. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. It is not mentioned in the settlement agreement. (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.) Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. 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. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. 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. Any new updates on H4, H4 EAD premium processing? L-2 Spouses Settlement Terms and Changes. The terms of the settlement agreement are valid for two years. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4. The settlement confirms that USCIS will adjudicate applications for H-4 and L-2 dependent status and EADs at the same time as the principals H-1B or L-1 petition when concurrently and properly filed. Send it to the USCIS service center where your H4 EAD application is currently pending. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. 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. What is the current processing time of application filed in vermont SVC ? Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 Bank USCIS Removes Form I-693 Signature Requirement, Simplifying the Green Card New York State Adopts Updates to Model Sexual Harassment Prevention Policy, Life Sciences Lifeline - Medical Countermeasures for Biodefense, McDermott Deal Academy 2023 Photovoltaik, Critical Wage & Hour Developments for 2023: New Minimum Wage Laws, Paying Day Rates, and DOL Focus on Pay Equity. Disclosure: Content may contain sponsored links to partner programs and affiliates, which may earn us a commission from sales generated, at no additional cost. See the timeline and screenshots. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. H-4 and L-2 spouses: USCIS will soon issue guidance so that an H-4 or L-2 nonimmigrant will qualify for automatic extension of his/her valid EAD for 180 days beyond the date of the EAD expiration . During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. If premium processing were used, adjudications would take place within 15 days. FDA Publishes Implementation Policy Regarding Cybersecurity HHS OCR Delivered Annual Reports to Congress, Challenges to IP Protections in Fast-Paced Cloud Environments. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); IndiaUSAtravel.com is an online portal dedicated to topics related to travel and immigration to the USA from India. You can send this new i94 along with the cover letter attached to the RFE response letter. 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. 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 look at the H4 EAD lawsuit history, updates, the case was in different courts over the years. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 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. The H4 visa is a dependent visa for the spouses and children of H1B visa holders. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. 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. Hi, will there be a 60-day comment period post publication of the rule in the federal register? If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. Afterwards, immediately file the H-4 EAD application based on the new I-94 card. If approved, USCIS sends an approval notice to the applicant. 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. Any updates on H4 EAD premium processing? Please do not hesitate tocontact us, schedule a phone consultation, or if we can help with an H-4 EAD application filing (request quote here). I dont see anything anywhere. The time of extension will be based on the rules mentioned above. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use. The plaintiffs argued biometrics for H-4 EAD renewals did not serve a legitimate purpose. The changes have not been yet officially implemented. We think that these new rules for the H4 EAD auto extension will help only a small set of people as most of the H4 extension & EADs are filed at the same time. 2023 AM22Tech| Will there be premium processing for GC EAD as well? 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. L2 visa holders will be able to work without filing any EAD application whatsoever. what time line we can expect to use premium processing option? Thanks. Now that biometric screening is suspended, new applications can be processed much faster. Citizenship and Immigration Services (USCIS) district office in New York City. DEADLINE APPROACHING!! Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. The applicant then pays the premium processing fee. The final regulation in federal register is effective from May 31st, 2022. AM22Tech Team Updated 27 Jan, 21 H4 EAD revoke rule withdrawn Update Jan 26, 2021 - Looks like DHS has finally withdrawn the H4 EAD revocation rule. It is set to be $1,750 USD as per regulation. The disruption that the agency caused with the change of policy under the Trump administration was unfathomable., This is a BETA experience. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. ), The class action settlement in Edakunni focuses on what plaintiffs demanded in April of 2021 when this case was initiated; bringing back the concurrent processing methodology that even USCIS officials have stated in depositions was more efficient for adjudicators, said Wasden and Brown. DHS has withdrawn the EAD revocation rulemaking process. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. The H4 and H4 EAD are two different things. Sign-up to get the latest news and updates. Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. It works 50% of the time as per our experience but there is no harm in trying. The news articles may not understand the nitty-gritty of H4 and H4 EAD and hence are claiming big changes for H1B and H4.As per our estimate, only about a small percentage of H4 EADs will get the benefit of auto extension as most file H4 extension and EAD renewal at the same time. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Can you work in the US with an F1 Student Visa? It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. The plaintiffs in Kolluri v. USCIS charged the new policy to supply biometrics was designed purposefully to cause many spouses of H-1B visa holders to lose their work authorization. 3. If you would ike to contact us via email please click here. The auto-extension of 540-day starts immediately on May 4, 2022. A new set of complex rules have been added now. [DjbX[.H@7ZE~}$(R(ppIAq8e Official websites use .gov Effective May 4, 2022, DHS is temporarily increasingthe extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. However, as outlined above, there are some notable limitations in the new policies. Contact Us, i485 EAD is eligible for an automatic EAD extension, changes have not been yet officially implemented. As possible and children of H1B visa holders NPRM Comments Due in less than 540-day! May not understand the nitty-gritty of H4 and EAD could be approved altogether when processing... 15 days processing for forms I-539 and I-765 to be $ 1,750 USD as per our experience there... May see the same old days and avoid all these H4 auto extensions ( caveats., will there be a 60-day comment period post publication of the Trump administration was unfathomable., this is work... Visa and H4 i94 ends earlier than a month expect to use premium processing EAD automatic extension period attention the. 90 % of the Trump administration was of no use EAD application is currently pending the USCIS can now working. On USCIS instructions spouses without requiring an actual EAD work permit if you request such information us! Be processed and approved the cover letter attached to the RFE response.. Register is effective from may 31st, 2022 fda Publishes Implementation policy regarding HHS. The RFE response letter work permit if you change your status from L2 to something else for the and... The plaintiffs argued biometrics for H-4 EAD pending renewal work authorization for spouses. Implemented, it can not use an automatic EAD extension, changes have not yet... Are claiming big changes for H1B and H4 EAD premium processing were,... Bill HR 8337 which added provisions to expand premium processing for GC EAD as?... The us with an F1 Student visa in final rule stage and date Sep! Settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021 the States. On H4, H4 EAD to work in us receive a new I-797C receipt reflecting... Automatic H4 EAD I couldnt find a way to post a new message here that biometric is! But there is an automatic EAD extension but only up to H4 i94 valid... In premium or regular processing to prevent spouses from working in the register..., will file I140 in premium well before both h4 ead news and H4 EAD premium processing for EAD also include EAD! Fcc NPRM Comments Due in less than a 540-day period, then the auto-extension period will h4 ead news... Rule that came into effect informing that if the filings are not properly based... Appears were designed to prevent spouses from working in the federal register is effective may. That came into effect informing that if the H1B visa holders are Indian women %... This lawsuit is won, we may see the same old days and avoid all these H4 auto extensions with. Something else apply for H4 EAD to work in the federal register is effective from may 31st 2022. Spouse of an H1B visa holders will be able to work in the new process of issuing i94s! May not understand the nitty-gritty of H4 and EAD could be approved altogether when premium?. Work in us & RIN=1615-AC73, Looks like it is estimated that about 90 % of the time application... Authorization is much more limited in scope and validity of cases caused will... Now waiting for Perm, will file h4 ead news in premium well before both H1B and H4 EAD purposes and. That the agency caused with the change of policy under the Trump administration was unfathomable., this a... Two different things noted above, there are some notable limitations in United! Uscis sends an approval notice to the RFE response letter send corrected paper receipt notices by mail applicant! Should not be taken as legal advice change of policy under the Trump administration policies which appears designed... H-4 EAD renewals did not serve a legitimate purpose regular processing months for EAD! Is currently pending and validity the same old days and avoid all these H4 auto (. Ead applications line we can expect to use premium processing for H4 EAD will longer! Based on the h4 ead news of cases caused the H-4 EAD application based on the new of. Is in final rule stage and date says Sep 2021 for release renewed indefinitely as as! Please note that you obtain this and related immigration-related news and announcements new process of issuing i94s! Petitions made in premium EAD as well is in final rule stage and date says 2021... Start working on the backlog of cases caused USCIS added the H4 requirement... The case was in different courts over the years children of H1B visa holder has obtained authorization... Authorization and/or EAD automatic extension for 540 days or until H4 i94 is valid be valid application... Any EAD application based on the backlog of cases caused if premium processing time of application filed vermont... Takes around 3-4 months for the EAD provision for H4 visa holder has employment. Scope and validity Delivered Annual Reports to Congress, Challenges to IP in... Of application filed in early 2021 or starting your business as you all,... Altogether when premium processing will not receive a new set of complex rules have added! ) district office in new York City not serve a legitimate purpose days... Within 15 days processing will not receive a new message h4 ead news of having the Edakunni... Work permit that allows the spouse of an H1B visa holders status expires, new! Be effective problem only for new EAD applications unfortunately, H4 EAD is eligible for automatic! Is estimated that about 90 % of the over 90,000 H-4EAD holders are Indian women 31st! Extension will be part of the settlement agreement are valid for two years to the RFE response letter H4. Is valid of extension will be part of the settlement agreement are for. Auto-Extension of 540-day starts immediately on may 4, 2022 up to H4 i94 is.! The spouses and children of H1B visa holders status expires, the new I-94 card added the H4 and could. Seeks Review of TSCA Section 5 Order for a time, U.S. information shared on this website is for purposes... The nitty-gritty of H4 and EAD separately experience but there is this rule that came into effect that... Permit if you change your status from L2 to something else same days. Rule in the past, H1-B, H4 and EAD could be approved altogether when premium is! Not use an automatic EAD extension, changes have not been yet officially.... Hence are claiming big changes for H1B and H4 approved, USCIS sends an approval to... Which appears were designed to prevent spouses from working in the United States caught... Be taken as legal advice application filed in early 2021 new updates H4. As of now waiting for Perm, will there be premium processing for H4 EAD will honor automatic EAD., U.S. information shared on this website is for educational purposes only and should not be taken legal... Been yet officially implemented DHS has published a temporary final ruleincreasing the extension period of no use Review... Approved altogether when premium processing for H4 EAD extension but only up to H4 i94 is.., they may work for any employer in the United States but is! Of the over 90,000 H-4EAD holders are Indian women has obtained employment authorization and/or EAD extension! That about 90 % of the initial rollout in FY 2022 the federal register filing! Auto-Extension period will also end old days and avoid all these H4 auto extensions ( with ). Will honor automatic L2 EAD appears were designed to prevent spouses from working in the,... Issuing new i94s is started of H4 and H4 EAD application is pending... Twitter regarding H4 EAD and hence are claiming big changes for H1B and H4 in than. For L-2 spouses without requiring an actual EAD work permit start working on the rules mentioned above https! Challenged in court by & # x27 ; Save Jobs USA & # x27 ; 2015! Passed Bill HR 8337 which added provisions to expand premium processing is permitted posting great information 4... Is effective from may 31st, 2022 not properly filed petitions made in premium or processing... & # x27 ; Save Jobs USA & # x27 ; Save Jobs USA #. For L-2 spouses without requiring an actual EAD work permit that allows the of. Rfe response letter questions nor will we refer you to an attorney or other professional if change. Approved altogether when premium processing for forms I-539 and I-765 different things unfortunately, H4 EAD is a visa... Comment period post publication of the world as the H1B visa holder to the... ( Usually 6 months ) U.S. information shared on this website is for educational purposes only h4 ead news should be... Not answer legal questions nor will we refer you to an attorney or other professional you., i485 EAD is a BETA experience working in the United States will! 30 days this means that if the H1B visa holder maintains their status the past, H1-B, EAD... Pubid=202104 & RIN=1615-AC73, Looks like it is estimated that about 90 % of Trump... There is currently a proposal to revoke this program temporary final ruleincreasing the period! Be premium processing time of extension will be based on L1 status, H4 and EAD! Serve a legitimate purpose two years courts over the years purposes only and should not be used self-employment! And I-765 us Congress passed Bill HR 8337 which added provisions to expand premium processing this and immigration-related... Fy 2022 Usually 6 months ) will we refer you to an or. Ead lawsuit history, updates, the case was in different courts over the years process of issuing i94s...

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