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The H4 visa is a dependent visa for the spouses and children of H1B visa holders. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. The H4 EAD was introduced in 2015, and since then, it has been a popular option for H1B families. 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). H-4 Spouses Settlement Terms and Changes. Once your application is approved, you will be issued an Employment Authorization Document, which will allow you to work in the United States. 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. The cost of the H4 EAD (i765 filing fee) is $410, and it can take up to 90 days to process. 30 Mar, 2023, 03:21 PM IST H-1B stamping, interview waivers, and everything else the US is doing to cut your visa wait h215U0Pw/+QL)61)I(B)#e@T~HeA~@bzj@ Any new updates on H4, H4 EAD premium processing? Premium processing for H4 EAD has not been announced yet. 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. Before May 4, 2022, and your 180-day automatic extension has since expired; Before May 4, 2022, and your 180-day automatic extension has not yet expired; or. : Court Refuses to Permit NGO Seeks Review of TSCA Section 5 Order for a New Chemical Substance. 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 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. If the H4 EAD is revoked, it would have a significant impact on families who are currently relying on it. The agencys insistence on obtaining new biometrics prior to adjudication of the H-4 extension is a pretext. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 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. See the below timeline for additional details. In a legal settlement USCIS has agreed to reinstate its procedure to "bundle" and review concurrently spouses' H-4/EAD and L-2/EAD applications when such applications are filed concurrently with an underlying I-129 petition seeking H-1B (or L-1) for the primary worker. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. It is estimated that about 90% of the over 90,000 H-4EAD holders are Indian women. 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. It means one less step in the application process. It is unclear whether the H4 biometric requirement is going away. Required fields are marked *. The EAD card is valid for a specific period of time and must be renewed every two years. 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. 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. The status should be L2 all the time on the most recent i94 to make use of this facility. The automatic extension will be for the earliest date: You will not get any automatic EAD extension if your H4 i94 has expired. If you would ike to contact us via email please click here. 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). The H4 EAD is a work permit that allows the holder of an H4 visa to work in the United States. If this lawsuit is won, we may see the same old days and avoid all these H4 auto extensions (with caveats). Bundled adjudication does not apply if the filings are not properly filed based on USCIS instructions. It may take few months at least. "Each of the H-4 plaintiffs have previously given biometrics in conjunction with an application for. You will also need to pay a filing fee. A U.S. If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension. ALERT: For certain applicants who electronically filed Form I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal, the receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. A, We need to wait. DHS has withdrawn the EAD revocation rulemaking process. No, they said that they will start implementing it for new filing starting Jan 25. So youll like to have around 1 year for H4 EAD to be approved. 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. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. I*Mn()l.Z--&9Fp;jm5v W;` Mb.$WA;xinm/u`=SFp44903k4N$Mifc0* F~"ysnW); Will the premium processing for EAD also include L2 EAD? What is H4 EAD visa? FCC NPRM Comments Due in less than a month! After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. 4. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. L2 visas are provided to L1 visa holders dependant wives and children under 21. Employment Authorization for Certain H-4 Dependent Spouses Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or It is set to be $1,750 USD as per regulation. 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. 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. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. 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. (See this article.). They are prioritizing F1 OPT for Form I-765 in FY 2022. 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. However, most people report that it takes around 3-4 months for the EAD to be processed and approved. The Shergill case was filed on behalf of L-2 and H-4 plaintiffs who sought reauthorization (or extensions) of employment. Once the H4 visa holder has obtained employment authorization, they may work for any employer in the United States. Citizenship and Immigration Services (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). H4 EAD March 2020 Update. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Dependents of H1-B visa holders receive an H-4 visa. (. This looks like progress. We expect the USCIS to provide the benefit to pending H4 EAD applications too. Hello Anil, firstly thanks for posting great information. %PDF-1.6 % 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. But its still good news for us. Sorry for that. The November 2021 settlement in Shergill evolved from the then-pending Edakunni lawsuit, filed in early 2021. 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. 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. Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a temporary treatment benefit. Once USCIS restarts the H4 biometric, you will be back at square one. 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-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. 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. Your email address will not be published. As done in the past, H1-B, H4 and EAD could be approved altogether when premium processing is permitted. how long it take effective ? 3. 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. 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. 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