certain employees with Temporary Protected Status (TPS)), and the Jazmin focuses her practice on labor, employment, and immigration law. But the DMV here are not accepting my 180 days extension of EAD letter to renew my Driver's License. If you have already filed H4 and H4 EAD and then have got a new H4 i94 by either traveling to any border or any other country, we strongly suggest sending this new i94 to the USCIS service center. Electronic Code of Federal Regulations (e-CFR), CHAPTER IDEPARTMENT OF HOMELAND SECURITY, PART 274aCONTROL OF EMPLOYMENT OF ALIENS. To calculate that date, you may use the EAD Automatic Extension Calculator on I-9 Central. The automatic 540-day EAD extension will begin on May 4, 2022, and will expire unless extended on Oct. 27, 2023. It is your choice to file a new one or just interfile the i94 based on your comfort level. We are seeing H4 EAD approvals within 2-5 months at this time and have heard of many such cases. 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 Designated school official (DSO) refers to both the principal designated school official (PDSO) and DSO, unless otherwise noted. OCR Official Speaks About Compliance Concerns for HIPAA Covered UK Business Immigration: Major Hike in Illegal Working Penalties from Court Holds Corporations Owed Duty To Protect Third Parties From EPA Selects Final National Enforcement and Compliance Initiatives. The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. If an employee files an EAD renewal application between May 4, 2022 and Oct. 26, 2023, then the employees EAD will automatically be extended up to 540 days if their EAD card expires before their Form I-765 is adjudicated. An alien may file such request concurrently with a related benefit request that, if granted, would form the basis for eligibility for employment authorization, only to the extent permitted by the form instructions or as announced by USCIS on its Web site. She represents businesses, universities, families and individuals in a wide variety of immigration matters. Endorse Form I-20: Have the Form I-20 endorsed by the designated school official recommending a STEM extension. To ease the 540-day calculation, USCIS has created a new tool, an EAD Automatic Extension Calculator. After the H-1B or L-1 is approved, the spouse departs the U.S. and obtains a new visa and returns with an extended I-94. An EB-1 final action date will be established for Rest of World countries, Mexico, and Philippines in August. | Extension Shannon N. Parker is a Mintz immigration attorney who manages employment-based visa matters for clients in a variety of industries, including the high tech and health care sectors. The period authorized by paragraph (d)(1) of this section will automatically terminate the earlier of up to 180 days after the expiration date of the Employment Authorization Document (Form I766), or upon issuance of notification of a decision denying the renewal request. Mondaq uses cookies on this website. Could you please suggest what should I do further to get Owing to COVID-19, th This fact sheet is current as of May 4, 2022. Earning the Recognition You Deserve: Effective Visibility Tactics for Maine Enacts Expansive Paid Family and Medical Leave Law. The next Haddii aad horay uga at computer ammaan ah, fadlan sug 10 seconds, iyo in laguu si toos ah lagu hagaajin doonaa in web ILCM goobta. In these instances, the extension may be greater than 180 days but fewer than the additional 360 days, as the EAD must expire when the Form I-94 ends. ), How to file H4 EAD, Documents, Form i765 (New / Renewal Process), i94 Extension after Passport Renewal (3 Options), Send New H4 i94 to USCIS for EAD Auto Extension? Optional Practical Training (OPT John draws on over two decades of experience to help companies and their employees obtain nonimmigrant visas, including B, E, H, J, L, O, and TN visas. If an employees automatic extension lapsed prior to May 4, 2022, the employment authorization automatically resumed, and the EAD validity period began on May 4, 2022 and will continue up to 540 days from the expiration of the EAD card. Automatic EAD renewal is filed before the current EAD expiry. US Policy Changes for Spouse Work Authorization - KPMG Global 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. EAD Automatic USCIS Announces Policy Changes for H-4, L-2, and E-1/E-2/E-3 Dependent EAD Workers, DHS Settlement Will Benefit L-2 and H-4 EAD Workers, CBP Begins Issuing New I-94 Designations for L-2 and E Dependent Spouses Granting Employment Authorization Incident to Status, Properly files a Form I-765 EAD renewal application to USCIS before the current EAD expires; and. USCIS will honor automatic L2 EAD extensions while the new process of issuing new i94s is started. now mean automatic EAD extensions Automatic Employment Authorization Document (EAD) Extension. To request an EAD, An official website of the U.S. Department of Homeland Security, An official website of the United States government, Verifying New & Existing Employees on Form I-9, Subcontractors, Independent Contractors, and Affiliates, How to Process a Tentative Nonconfirmation, Tips to Prevent a Tentative Nonconfirmation, Employment Authorization Document (EAD) Automatic Extension Calculator. Extension As of October 27th, 2023, the automatic extension of the employment authorization and EAD validity will go back to the 180-day period for eligible applicants who file Form I-765 renewal applications. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. (d) Renewal application(1) Automatic extension of Employment Authorization Documents. In Section 2, the employer must: The H-4 or L-2 spouse then departs the U.S. and obtains a new visa and returns with an extended I-94. To prove that you are authorized to continue working legally, you may show your employer your TPS-related EAD with a March 3, 2023, or Sept. 3, 2021, expiration date. On Wednesday, May 4, 2022, U.S. An automatic EAD extension depends The code on the face of the expired EAD indicates eligibility. Understanding AI Terms: What is Training Data? On May 3, 2022, U.S. Eligible individuals whose TPS under the Haiti designation is presently continued by court orders and this notice are strongly encouraged to apply for Haiti TPS under the recently announced new For employees who fall within EAD categories A17 (E spouses), A18 (L-2 spouses) and C26 (H-4 spouses), the extension period cannot exceed the Form I-94 end date. She also is proficient in handling immigration filings including PERM Labor Certification (Special Handling for Colleges/Universities), National Interest Waiver Petitions, Extraordinary Ability Petitions, Outstanding Professor/Researcher Petitions, and Multi-National Manager/Executive Petitions. WebThe 180 day automatic extension for EAD is presently available for other categories but not for H4 dependents (spouse of a H1B immigrant). It works 50% of the time as per our experience but there is no harm in trying. When a final decision is made on the EAD extension application by USCIS. Currently, i485 EAD is eligible for an automatic EAD extension which is logical since USCISs own processing time is almost always more than 6 months at every service center. Some category codes denies the renewal application. WebThe employees EAD may be combined with the Form I-797C, Notice of Action, showing both that the renewal application was timely filed and the same qualifying eligibility category as that on the expired EAD, to demonstrate the extended validity of the EAD for the applicable automatic extension period. This thread is archived. There is another lawsuit that has been filed recently by Greg Siskinds team and AILA which challenges USCIS to process EADs within a 90-day timeline. Automatic Extension 8 CFR 274a.13 - Application for employment At that time, you must present any document from List A or any You'd have to qualify for a renewal application, and the renewal application would have to be in the same category as the current EAD, and the category would have to qualify for automatic extensions. They may provide this information in WebAutomatic Extensions Based on a Timely Filed EAD Renewal Application . This was expected to speed up things and we are seeing some fast approvals in Nov after a 6-month wait. Employment Authorization Document (EAD) 2021.The last day of the automatic EAD extension is September 27, 2021. Federal Register :: Continuation of Documentation for (Interfile Cover Letter), USCIS 240-Day Rule Stay in US after i94 Expiry (H1B, H4, B1/B2 Extension), i94 Extension Laredo TX US Mexico Border (Bridge 1 Experience). combination; and for H-4, E, and L-2 dependent spouses with an Citizenship and Immigration Services (USCIS) will increase the automatic extension period for eligible Employment Authorization Documents (EADs) from 180 days to 540 days. USCIS has been experiencing lengthy delays in processing EAD applications in the last few years. In May 2022, United States Citizenship and Immigration Services (USCIS) issued a Temporary Final Rule (TFR), increasing the extension period for certain The automatic extension of TPS-related documentation includes Employment Authorization Documents (EADs) through Dec. 31, 2022. If you are not a citizen or a lawful permanent resident, you may need to prove that you can work in the United States by presenting an Employment Authorization Special visa for crime victims Visa especial para las vctimas de delitos, Minnesota Drivers License: Primary and Secondary Documents List, Action Alert: Expand MinnesotaCare for Immigrants, Biden extends program allowing some Hong Kong residents to stay in US, Tell Congress: Act NOW to Protect Immigrants, New Asylum Bars Contravene U.S. Legal and Moral Commitments, Governor Walz Will Sign Drivers Licenses for All on Tuesday, Fact Sheet: Temporary Protected Status El Salvador, Honduras, Nepal, and Nicaragua, Cov Lus nug tsis tu ncua: Daim ntawv tsav tsheb rau sawv daws, - , 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), Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972), Pending initial application for TPS where USCIS determines applicant is, Section 245A Legalization (pending I-687), Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. EAD Automatic Temporary increase in the automatic extension period. Automatic Understanding AI terms: What are Completions? This rule does not modify the current requirements an employer must follow for Form I-9 at 8 CFR 274a.2(b)(1)(vii) that apply to automatic extensions, except that this rule temporarily replaces 180 with 540 in its reference to the maximum number of days for the automatic extension period. Employees must have one of these qualifying eligibility categories to receive an automatic extension of their employment authorization and/or EAD validity: A03, A05, A07, A08, A10, A17*, A18*, C08, C09, C10, C16, C20, C22, C24, C26*, C31, and A12 or C19. Once this policy takes effect, L-2 and E dependent spouses will no longer need to apply for an EAD card in order to be authorized to work. 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. If the EAD renewal is denied, the 180-day extension terminates at that time. If you are an F-1 student with a timely filed H-1B petition and change of status request, and your F-1 status and employment authorization will expire before the change of status to H-1B occurs (typically Oct. 1), you may be eligible for a cap-gap extension. EAD Automatic authorization. The H4 EAD has empowered many women over the past few years. The calculator 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 agent mentioned that with current I539 receipt and previous I765 approval and EAD card , employment can USCIS Before you start work on July 1, 2024, your employer is required by law to reverify your employment authorization in Section 3 of Form I-9. Category Codes A17, A18, and C26 require additional REMINDER - COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, end on July 31, 2023. 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. An Employment Authorization Document (Form I766) that has expired on its face is considered unexpired when combined with a Notice of Action (Form I797C), which demonstrates that the requirements of paragraph (d)(1) of this section have been met. USCIS The content of this article is intended to provide a general For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011. File H1B extension in premium well before both H1B and H4 i94 expiry (Usually 6 months). This could result in your employer terminating you. EAD AUTOMATIC EXTENSION Noncitizens with a pending EAD renewal application and valid EAD on May 4, 2022, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed. expires and generally continues for up to 180 days, unless USCIS (a) Application. Specifically, qualifying spouses on an H-4 or L-2 visa get an automatic extension of their Employment Authorization Document (EAD) for up to 180 days provided a timely EAD renewal application has been filed and is pending Webthe expiration date of your DACA and employment authorization document (EAD) information you provided in the renewal application forms (I-821D and I-765) (If you made copies of the forms before you submitted them, have them on hand so you can refer to them.) If the application is granted, the alien shall be notified of the decision and issued an employment authorization document valid for a specific period and subject to any terms and conditions as noted. renewal application within categories A17, A18, and C26 are EAD. EAD renewal is filed before the current EAD expiry. spouses in L-2 and E-1/E-2/E-3 status. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. There is an automatic H4 EAD extension but only up to H4 i94 validity. Effective November 12, 2021, USCIS allows for automatic extensions of employment authorization, in certain circumstances, while an EAD renewal application No. The TFR will no longer apply to applications after Oct. 26, 2023 and USCIS will return the 180 automatic extension rule. If you have already exhausted 180 days of auto-extension and H4 EAD is still pending but you have longer H4 i94, you can resume working from May 4, 2022, as you will get an auto extension up to 540 days. *NOTE: We will refer to both employers and agricultural recruiters and referrers for a fee collectively as "employers" throughout I-9 Central. 2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Work Permit application in the same employment eligibility category as the An automatic EAD extension depends on these requirements: Employees must have timely filed an application to renew their employment authorization and/or You would be able to use this new L2 i94 for I-9 legal employment verification with your employer. USCIS said the update is intended to help applicants respond accurately to questions related to the public charge ground of inadmissibility on Form I-485, Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. But the DMV here are not accepting my 180 days extension of EAD letter to renew my Driver's License. Automatic EAD Extensions - Shusterman Law USCIS DHS is now extending the validity of these Forms I-797. on these requirements: An EAD that appears on the face of the card to be expired is Extension Big changes announced by USCIS. (a)(17), (a)(18), or Employment Authorization Document The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. WebEAD Category C03B To Category C09. Calculating EAD Automatic Extensions - National Law Review This new re-parole application process is not an extension of the initial parole period. Enter the Form I-94 Number field. I-94 Arrival-Departure record indicating the unexpired nonimmigrant indicating Category A17, A18, or C26). Employment Authorization Extensions | USCIS : Yes, You Need to Establish Vicarious Liability to Sue A Seller Under What Should Executives Know About Artificial Intelligence? The L2 and H4 EADs are primarily used by Indians as they are the ones who are stuck in decades-long green card backlogs due to country-based limits. EAD Automatic Splenda is Again the Subject of Legal News, Visa Options for Latin American Investors and Companies, EEOC Belatedly Proposes Rules for the Pregnant Workers Fairness Act. Continues to maintain H-4, L-2, or E dependent status beyond the expiration of the existing EAD as evidenced on Form I-94. The qualifying eligibility categories for a 180-day automatic If you have questions about calculating EAD extensions or preparing Form I-9 Employment Verification Only EADs that are already eligible for the existing 180-day extension may receive an additional 360-day extension for a total of Under the new paragraph, DHS is increasing the automatic extension period for employment authorization and/or EAD validity of up to 180 days (described in 8 CFR 5/3/22 WASHINGTON U.S. Official websites use .gov However, Form I-797C receipt notices that refer to an up to 180 day automatic extension will still meet the regulatory requirements for completing Form I-9, including if their 180 day automatic extension expired prior to May 4, 2022. WebAliens whose automatic extension under paragraph (d)(1) expired before May 4, 2022, will receive an automatic resumption of employment authorization and the validity of their This is a BIG change. Examining Documents. WebFor a list of categories to which this automatic extension applies, see the USCIS page discussing automatic EAD extensions. How Much Does the EEOC and iTutorGroup Settlement Really Implicate CFPB Sues Auto-Loan Servicer for Allegedly Harming Consumers. the Form I-94, whichever is earlier. Automatic Extension Extension For a new employee in one of these categories, in What USCIS EAD Automatic Extension Increase Means for Your Automatic If you are already at a safe computer, please wait 10 seconds, and you will be automatically be directed to the ILCM website. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. The new policy also present any document that shows continued employment Yog hais tias koj lub computer yog saib xyuas thiab koj muaj kev txhawj xeeb rau koj muaj kev ruaj ntseg, NYEM nyob qhov twg RAU NO THIAB qhov rais Exit NO SITE TAM SIM NO ! These employees must present a Form i485 EAD is eligible for an automatic EAD extension, Can H4, L2 EAD Work on Receipt (180-540 Day Extension? On or before you start work on January 1, 2023, your employer is required by law to reverify your employment authorization in Section 3 of Form I-9. To update the expiration date, Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States for a specific time period. An automatic EAD extension depends on these requirements: Employees must have timely filed an application to renew their employment authorization and/or EAD on Form I-765, Application for Employment Authorization, before the current EAD expires (except certain employees with Temporary Protected Status (TPS)), and the Form I-765 Section 2, the employer must: For a current employee whose EAD has been automatically As current USCIS policy does not allow L-2, H-4, and E renewal applicants to benefit from an automatic extension to their work authorization based on timely filed extensions, many L-2, H-4, and E spouses have been forced to stop working
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