Citizenship and Immigration Services (USCIS) district office in New York City. How long did it take to get your H4 approved? As most of you know, at the moment, there is no automatic extension for H4 EAD or L2 EAD. During testimony on April 6, 2022, before the House Committee on Appropriations, USCIS director Ur Jaddou noted there are 1.5 million pending requests for work permits, reported Suzanne Monyak of Roll Call. Its been already more than 60 days, still the spousal information on I 94 is not updated. This DHS rule change, effective May 4, will extend the 180-day period to 540 days from the card expiration date. When to File Your Adjustment of Status Application for Family - USCIS The auto renewal condition specifically calls out unexpired I-94. Here's how employers and employees can successfully manage generative AI and other AI-powered systems. The criteria for receiving this increased automatic extension did change from the criteria applicable for an extension of up to 180 days. We also encourage the agency to be more transparent about processing goals and processing times for different form types, and to conduct an agency review of form length.". USCIS has updated the policy guidance and it is on the website. On October 27, 2023, the automatic extension period will revert to 180 days. EAD extension applications filed after October 26, 2023, will revert to the 180-day automatic extension. If an alien has a pending EAD application as of May 4, 2022, that has been pending for more than 180 days, such that his or her 180-day extension expired, will be granted an additional period such that the total extension is 540 days from the original expiration of theirEAD. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Book outline for Handbook for Employers M-274, To protect your privacy, please do not include any personal information in your feedback. Within the next 120 days, USCIS will amend the receipt notice issued to applicants with pending H-4 EAD applications to include information about automatic extension eligibility. . . Close All Open All Conditional Permanent Resident Deferred Enforced Departure Employment Authorization Document (EAD) Renewal F-1 OPT to H-1B Cap-Gap F-1 STEM OPT Applicants could present their employers with the receipt notice proving that an EAD renewal application had been timely filed and continue their employment for another 180 days from the EAD expiration date. This is a BETA experience. 4. US Citizenship and Immigration Services (USCIS) on May 3 announced a temporary increaseup to 540 daysto the automatic extension period for employment authorization and employment authorization documents (EADs) for certain EAD renewal applicants. As per the settlement with DHS, USCIS will issue policy guidance that states that L2 spouses can work based on their valid L2 visa status. The reason is, employer needs the receipt notice for I-9 compliance. However, I think many people were surprised by how long the automatic extension will be540 days is a long time. var currentUrl = window.location.href.toLowerCase(); So my i94 also expired in May 21 so L2 visa and ead both expired on may 21. In general, H4 Visa holders can apply for H4 EAD if they meet certain conditions. My wife and I are just filing for L1A+L2. The plaintiffs asked for preliminary injuction. 180 days from the day the H4 EAD Card expires ( expiry date is on the H4 EAD Card) . Even I have filed both H4 and EAD simultaneously and this is not going to help me. Up to 180 automatic renewal of H4 EAD for applicants with valid H4 status in US. And now already 150 days so the 180 extended will expired next month. This page was not helpful because the content: 1.0 Why Employers Must Verify Employment Authorization and Identity of New Employees, 3.0 Completing Section 1: Employee Information and Attestation, 4.0 Completing Section 2: Employer Review and Verification, 5.0 Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances, 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document, 5.3 Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries, 6.0 Completing Supplement B, Reverification and Rehire of Form I-9, 7.0 Evidence of Employment Authorization for Certain Categories, 8.0 Rules for Continuing Employment and Other Special Rules, 9.0 Correcting Errors or Missing Information on Form I-9, 11.0 Unlawful Discrimination and Penalties for Prohibited Practices, 12.0 Instructions for Agricultural Recruiters and Referrers for a Fee, 13.0 Acceptable Documents for Verifying Employment Authorization and Identity, 14.0 Some Questions You May Have About Form I-9, Appendix A: Common Abbreviations for Document Entry in Section 2. The USCIS has indicated that the shift from the 180 extension to the new 540-day extension is temporary. Fax: (212)964-0440, Copyright 2019 My Attorney USA. The new 540-day automatic extension will apply in the case cases and circumstances that the previous 180-day extension did. "1) EAD renewal applicants eligible for the automatic extension who already have filed their renewal Form I-765 application, which remains pending on May 4, 2022, and whose EAD has not expired . Thismeans: 1. It was interpreted wrongly by DHS all these years. DHS Has Temporarily Increased Automatic Extensions of Employment As long as you have a new I-94 connected to your H4 that has a date beyond the expiry date on your current H4 EAD, the 180 day extension should apply to you. Employers should disregard the letter P when comparing the category code on the EAD with the category code on the receipt notice. Second one is that DHS is unlawfully withholding the automatic extension of H4 EAD. Even with this rule, EAD applications should be filed as early as the agency allows, according to Miner. Proof of an Automatic Extension Enter the Form I-94 document information in the second Document field. When do you expect the new guidance will release? The idea was it would save time and resources for all the parties. To her credit, note analysts, Jaddou decided to take action in a new temporary final rule to resolve the immediate problem for many applicants by extending work authorization an additional year and a half for those with timely renewal applications. See our article entitled, NEW I-94 ADMISSION CODES FOR E and L DERIVATIVE BENEFICIARIES. Copyright 2023 Morgan, Lewis & Bockius LLP. Now that we have a settlement in the court, below are the next steps in the upcoming 120 days : We need to wait for the formal guidance from USCIS on the above aspects. Turn it on to take full advantage of this site, then refresh the page. (This guidance no longer applies to newly hired employees.) Also, as per the settlement, USCIS will also interpret regulation 8 CFR 274a.13(d)to give an automatic extension of L2 EAD ( filed under EAD Category Code (a)(18) ) for up to 180 days based on the below conditions. If the employee does not qualify for the extension or does not have any additional time remaining for an extension, please contact your Dinsmore attorney regarding termination of employment. Foreign nationals with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022, and lasting up to 540 days from the expiration date of their EAD. Overall solutions provided doesnt look feasible. Or we need to go update I 94? The automatic extension from this rule will certainly help in a lot of cases, but it doesnt solve every problem. USA Can H4, L2 EAD Work on Receipt (180-540 Day Extension?) Applicants who file Form I-765 from May 4, 2022 to October 26, 2023, when this temporary increase in the automatic extension period will come to an end. I think you will have to wait till the I94 form is updated with L2 Spouse status, which is expected to be done by USCIS within 120 days after the court settlement. COMPLETE guide to H4 EAD Extensions during COVID-19 [2023] - Stilt Noncitizens who timely file an EAD renewal application before October 27, 2023 . In the meantime, you can check USCIS Policy Document. My L2 EAD and L2 Visa expired in May 21 and i filed L2 visa extension and EAD in Dec 20. The new policy will immediately benefit about 87,000 workers who have filed for a renewal and are currently past, or soon will be past, the existing 180-day automatic extension period. At least for now, just keep fingers crossed. My wife also applied for H4 and H4 EAD at the same time. Update the employees Form I-9 no later than the date the employees 180-day extension ends: Enter the EAD in the document title field. Foreign nationals with a pending EAD renewal application still covered under the 180-day automatic extension will be granted an additional extension of up to 360 days, for a total of up to 540 days past the expiration of the current EAD. DHS Final Rule Provides for Automatic 180 Extension of Work Guidance for Category Codes A17, A18 and C26. Are my employees eligible for the 540-day extension? Please purchase a SHRM membership before saving bookmarks. Have been within one of these eligibility categories that qualified for the automatic extension: A03, A05, A07, A08, A10, A17*, A18*, C08, C09, C10, C16, C20, C22, C24, C26*, C31, and A12 or C19. If you look at the H4 EAD Processing times history, (shown in the below screenshot) you can see that has ranged anywhere from 8 to 15 months, depending on where and when you filed the H4 EAD application. *Note that the automatic extension rule for E, L-2, and H-4 dependent spouses, including E-1S, E-2S, E-3S and L-2S class of admission codes on Form I-94. Some category codes on the EAD may include the letter P such as C09P. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. You must have updated the Additional Information field in Section 2 of the employees Form I-9 to include the new expiration date no later than the date the employees 180-day automatic extension ended. For someone who isnt maintaining underlying H or L nonimmigrant status, they could continue to work based on the automatic extension but wouldnt be able to leave the United States until the advance parole is issued. Will this settlement benefit for first time H4 ead application? Such an individual would not need to apply for the EAD in order to work in the U.S. Other foreign nationals must first apply for an EAD and can only accept employment when their application is approved by USCIS. Do post how it goes here. Attorneys and their clients are pleased with the USCIS action. Citizenship and Immigration Services ("USCIS") announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents ("EADs") to 540 days beyond the EAD's expiration date. "There are many foreign workers out there who were about to lose their employment authorization or have already lost it due to USCIS delays," said David Jones, managing partner of the Memphis office of Fisher Phillips. file size: 10 MB. The automatic 180-day extension of timely filed, pending EAD renewals aims to prevent gaps in employment authorization and documentation. The temporary rule applied to individuals with a pending Form I-765 renewal application and employment authorization and/or an EAD who were eligible for the original 180-day automatic extension, and: The automatic extension lapsed prior to May 4, 2022. USCIS Announces Extension for Expiring Work Permits Hundreds of thousands of foreign workers with expiring employment authorization documents (EADs) will be granted an extension of 540 days. Can I start looking for job immediately or do I need to wait, I am not able to see any effective date of this new rule anywhere. The new 540-day automatic extension will apply in the case cases and circumstances that the previous 180-day extension did. This expiration date may be cut short if USCIS denies the employee's renewal application before the 180-day period expires. 1) EAD renewal applicants eligible for the automatic extension who already have filed their renewal Form I-765 application, which remains pending on May 4, 2022, and whose EAD has not expired or whose current up to 180-day auto-extension has not yet lapsed, notes a policy update from Berry Appleman & Leiden. Eligibility Category Listed on FormI-765, Citizen of Micronesia, Marshall Islands, orPalau, Withholding of Deportation or RemovalGranted, Spouse of principal E nonimmigrant with unexpired I-94 showing E nonimmigrantstatus, Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrantstatus, Pending Adjustment of Status under Section 245 of theAct, Suspension of Deportation Applicants (filed before April 1, 1997); Cancellation of Removal Applicants; Special Rule Cancellation of Removal Applicants UnderNACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1,1972), Pending initial application for TPS where USCIS determines applicant is prima facie eligibl;e for TPS and can receive an EAD as a teporary treatmentbenefit, Section 245A Legalization (pendingI-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrantstatus. We applied for H1B+H4 in mid July and only H1b is approved. Below is the screenshot of the official guidance on the H4 EAD automatic extension from the Settlement document. Thus, as of now, the USCIS plans to return to the permanent 180-day extension rule beginning on October 27, 2023. But this travel should happen before H4 EAD expires. This increase will be available to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization may have lapsed following the initial 180-day extension period, and any eligible applicant who files a renewal Form I-765 during the 540-day period beginning on or after May 4, 2022, and ending October 26, 2023. (Emphasis added.). They will work with CBP to make sure the L2 status can be used for I-9 verification just based on I-94. As this is a temporary measure, employers are still encouraged to continue to track expiration dates for eligible EAD categories so that any EAD renewal applications can be prepared in advance and filed in a timely manner. Please confirm that you want to proceed with deleting bookmark. As a result, people are losing work authorizationand others saw the prospect of unemploymentat the same time employers around the United States remain desperate to fill jobs. Note that if the employees original Form I-9 was completed on a Form I-9 version that was no longer valid, you should have entered the new EAD expiration date in the Additional Information field in Section 2 of a new Form I-9 and retained it with the employees original Form I-9. DHS Automatic Extension of Work Authorizations Up to 540 Days ADVERTISING MATERIAL. We covered this guidance and additional issues relating to the 540-day extension in our original article on the 180-day extension [see section]. For exact details, please refer to this USCIS webpage. Jones said it's also possible that USCIS processing of EAD extensions for workers not covered by the rule change will speed up as well, now that the agency may be able to prioritize them over the EADs that are covered. The 540-day rule is temporary, and is slated to expire on October 27, 2023, at which time the automatic extension period for new renewal applications will revert to 180 days. Historically, certain EAD categories were only eligible for an extension up to 180 days. This extension is only applicable to those foreign nationals who hold an EAD in certain classifications that have been designated for the automatic 180-day extension, and who have timely filed a Form I-765 renewal application during the 18-month period after the effective date of the temporary final rule. I doubt in current scenarios where h4 EAD taking 1 year for approval how even 6 months more extension is helpful.? Who Is Eligible For the Automatic EADExtension? can we stay in US beyond I-94 expiry if H4 extension is pending? The decision from USCIS on L2 EAD application. Neifach of Jackson Lewis reminded HR professionals that to complete a Form I-9 for someone entitled to the new 540-day extension, "the employee must present their receipt notice showing a timely filed EAD renewal in the same category as the expired EAD. The automatic 540-day EAD extension only applies in specific cases andcircumstances. The extension request must be in a specific category that is covered by the former 180-day, current 540-day, rule. You should have updated the employees original Form I-9 to add 360 days to the employees EAD 180-day automatic extension date located in Section 2. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD) categories up to 540 days, effective immediately and valid through Oct. 15, 2025. Contacting Dinsmore about EAD extensions and I-9 compliance. So now until i get L2 visa extension approved will not get i94 extended so how my L2 EAD will work? Before 180th day of the EAD auto extension period. Because my employer company need that legal letter. H4 approved on Sep 24 2021, H4 EAD still pending since June 15 2021. What should I do ? Not sure if the solution provided work either like get i 94 extended travelling outside country. Case Info, Summary of the H4 EAD, L2 EAD Lawsuit Settlement, Employment Authorization for L2 holders based on Status, Automatic Extension of L2 EADs for upto 180 days, Automatic Extension of H4 EAD with valid H4 Status for upto 180 days. Tens of thousands of foreign workers with expiring employment authorization documents (EADs) will be granted an extension of 540 days from the initial expiration date on those documents. If an employee's EAD card has expired but the employee still has time remaining in the 180-day extension, they are now able to receive an additional 360 days, for a total of 540 days past their . What Does The New Rule Do? DOS publishes current immigrant visa availability information in a monthly Visa Bulletin.The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. In this case, does 180 Days Automatic Extension applied to my EAD as currently my new H4 has valid i94 ? I have seen people visit border to get i94. Shannon A. Donnelly : Filed an EAD renewal application (Form I-765) before their current EAD expires; and. it is based on court settlement. The eligible categories are published on the USCIS Automatic EAD Extension. Under this circumstance, your employee could have had an extension that was greater than 180 days but less than the additional 360 days. Below are the case details, Lets look at the settlement agreement and what it means for each of the. "On the other hand, it may not bode well for the overall backlog," he said. Do not file for H4 Extesnion along with H1B extension. I am in similar situation. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. While the temporary fix provided by USCIS through this temporary final rule is much appreciated, the hope is that USCIS can truly address its severe operational challenges and can also implement premium processing for EAD applications. This guidance applied to employees who fell within category codes A17, A18, or C26 and therefore were either H-4, E, or L-2 dependent spouses, including E-1S, E-2S, E-3S and L-2S class of admission codes on Form I-94. We previously wrote about the 180-day extension in detail [see article]. [And] 3) Renewal applicants who are already experiencing a gap in employment authorization and/or EAD validity. The update is based on a settlement, we will know more once USCIS gives us the update. For these applicants, this TFR [Temporary Final Rule] provides that employment authorization and/or validity of their EADs will resume beginning on the date the rule is published in the Federal Register, May 4, 2022, and continue for a period of up to 540 days from the date their employment authorization and/or EAD expired, as shown on the face of the EAD., What Is the Impact Of The Rule On People With EAD Renewals? Receipt date for H4 extension is july 16. However, regardless of the cause, it will benefit qualifying individuals who would have otherwise been granted automatic 180-day EAD extensions, ensuring that they will be authorized to work even if their EAD renewal requests remain pending for longer than 180days. Department of Homeland Security Dates: Effective date: This temporary final rule is effective May 4, 2022, through October 15, 2025. Your session has expired. This employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. At its inception, the temporary final rule sought to reinstate expired EADs for certain categories who had a 180-day automatic extension that had passed without having received a new EAD. Applicants who filed renewal applications well prior to May 4, 2022 and whose automatic 180-day extension period already expired prior to May 4, 2022. Automatic extensions of employment authorization and EAD validity will revert to the 180-day period for eligible applicants beginning Oct. 27, 2023. The following employment eligible categories are eligible for an automatic extension: Eligibility Category Listed on Form I-765 Renewal Application, Citizen of Micronesia, Marshall Islands, or Palau, Withholding of Deportation or Removal Granted, Spouse of Principal E Nonimmigrant with an Unexpired I-94 Showing E (Including E-1S, E-2S and E-3S) Nonimmigrant Status*, Spouse of Principal L-1 Nonimmigrant with an Unexpired I-94 Showing L-2 (Including L-2S) Nonimmigrant Status*, Pending Adjustment of Status Under Section 245 of the Act, Suspension of Deportation Applicants (filed Before April 1, 1997); Interim Rule: Link. Table 2 provides a list of acceptable receipts an employee can show. Individuals with case-specific questions, including how the rule does or does not apply to their particular cases, should consult with an experienced immigration attorney for case-specificguidance. Citizenship and Immigration Services (USCIS) processing of employment authorization documents (EADs). The Israeli parliament has enacted the Law for Encouragement of Knowledge-Based Industry, France Authorizes Police Spying on Suspects through Connected Devices, The European Court of Human Rights Says Facial Recognition Violates Freedom of Expression and Privacy. Mind the Gap: Automatic Work Authorization - Ogletree Deakins USCIS Press Release: Link Enter the receipt number from Form I-797C, Notice of Action, in the Document Number field. Below is the high-level summary of the case and settlement. On Oct. 27, 2023, automatic extensions of EAD validity and employment authorization will return to a 180-day period for eligible applicants who filed their Form I-765 renewal applications while the TFR was in effect. American University Washington College of Law, Brandeis School of Law at the University of Louisville, Brigham Young University, J. Reuben Clark Law School, Case Western Reserve University School of Law, Chapman University Dale E. Fowler School of Law, China University of Political Science and Law, Cleveland State University College of Law, College of William and Mary, Marshall-Wythe School of Law, Cornell University, Johnson Graduate School of Management, Cumberland School of Law, Samford University, Detroit College of Law at Michigan State University, Dickinson School of Law at Pennsylvania State University, Florida International University School of Law, Indiana University Kelley School of Business, Indiana University Purdue University at Indianapolis, Indiana University Robert H. McKinney School of Law, Indiana University School of Law, Indianapolis, Institute of Environmental Health, University of Cincinnati; Cincinnati, OH, John Glenn College of Public Affairs, The Ohio State University, Lipscomb University--Institute for Conflict Management, Louisiana State University, Paul M. Herbert Law Center, Marshall-Wythe School of Law at the College of William & Mary, Michigan State University, James Madison College, Montana Tech of the University of Montana, NIOSH-Approved Spirometry, UPMC Health System; Pittsburgh, PA, Northern Kentucky University, Chase College of Law, Northwestern University Pritzker School of Law, Ohio Northern University, Claude W. Pettit College of Law, Saint Louis University, Parks College of Engineering, Aviation & Technology, State University of New York at Brockport, The Cyber University of Korea, South Korea, The Ohio State University College of Arts and Sciences, The Ohio State University College of Public Health, The Ohio State University Moritz College of Law, The Ohio State University, Fisher College of Business, The Ohio State University, John Glenn College of Public Affairs, Thomas R. Kline School of Law of Duquesne University, United States Army Command and General Staff College, University of Arizona James E. Rogers College of Law, University of Augsburg, Augsburg, Germany, University of California, Berkeley, School of Law, University of California, Davis, School of Law, University of California, Hastings College of the Law, University of California, Los Angeles School of Law, University of Denver Sturm College of Law, University of Detroit Mercy School of Law, University of Florida Levin College of Law, University of Illinois Chicago School of Law, University of Kentucky College of Agriculture, Food & Environment, University of Louisville Brandeis School of Law, University of Louisville Department of Urban & Public Affairs, University of Memphis Cecil C. Humphreys School of Law, University of Missouri Kansas City School of Law, University of Montana Blewett School of Law, University of Nevada-Las Vegas, William S. Boyd School of Law, University of New Hampshire School of Law, University of North Carolina at Chapel Hill, University of North Carolina School of Law, University of Pittsburgh Graduate School of Public Health, University of Southern California Law School, University of Sussex School of African and Asian Studies, Brighton, England, University of Vermont College of Medicine, Virginia Polytechnic Institute and State University, Walter F. George School of Law at Mercer University, Washington and Lee University School of Law, Western Maryland College, now known as McDaniel College, Western Michigan University Cooley Law School, York University Schulich School of Business, Toronto.

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