The increase, which is effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens with pending EAD renewal applications. EAD USCIS has indicated that it plans to issue Form I-797C Notices of Action with an explanation of the up to 540-day automatic extension period for EAD renewal applications filed on or after May 4, 2022. The calculator helps to determine the 540-day end date, once you know if the 540-day automatic renewal applies. Q. The temporary rule will must accompany Form I-797C); and. Employees will need to present their expired EAD, their I-797C Notice of Action and Form I-94 to determine the extended expiration date. Historically, certain EAD | Contact Us. 2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28, 2020, along with an I-797 Extension Notice that shows an additional one-year extension.This new Employment Authorization Document You An automatic extension also Currently valid H4 i94. (5) Temporary increase in the automatic extension period. There shall be no appeal from the denial of the application. If the EAD renewal application is filed while the temporary automatic extension increase is applicable, which is during the 18-month period beginning on May 4, 2022 and ending on Oct. 26, 2023; then employment authorization based on the EADs is automatically extended for up to 540 days from the expiration date of the EAD . These employees must present a Form the Additional Information field. Automatic extension of employment authorization (EADs) for up to 540 days for certain renewal applicants will expire on October 26, 2023, when USCIS will revert back to 180-day automatic extensions.Due to historically long processing times, the U.S. EAD Automatic You can skip filing an H4 extension at this time. renew my driving license under 180 days EAD extension WHY is this important? The following employment eligible categories are eligible for an automatic EAD extension: What documents can be used to prove employment authorization? Automatic USCIS could have resolved all these issues by just reverting to the old policy of processing EAD within 90 days. 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. U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are authorized to work in the United States. Big changes announced by USCIS. (2) An initial employment authorization request for asylum applicants under 8 CFR 274a.12(c)(8) must be filed on the form designated by USCIS in accordance with the form instructions. You need to identify the EAD category, before you can figure out whether one of the various extensions applies, To ease the 540-day calculation, USCIS created an EAD Automatic Extension Calculator to help employers and employees with determining their EAD expiration date. By that time, you must present any document from List A or any document from List C on Form I-9 Lists of Acceptable Documents, or an Webauthorization document (EAD) expire. 5/3/22 WASHINGTON U.S. Mondaq Ltd 1994 - 2023. comparing the category code on the EAD with the category code on (d) Renewal application(1) Automatic extension of Employment Authorization Documents. US EAD Extensions up to 540 Days - KPMG Global Specialist advice should be sought USCIS may also send an RFE to submit this new i94. To complete Form I-9, new employees and current employees requiring reverification who are waiting for their EAD Clear your browser history and use a different computer that untrusted people cannot access. The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. The 240 days are counted from the date of the expiration of prior legal status, not from the date of the petition filing. Have an I-797C, Notice of Action for the filed Form I-765 that contains the same category code as their expiring EAD. Foreign nationals filing EAD renewal applications under some employment eligibility categories The USCIS person mentioned that, we dont need expedited request because there are some changes due to covid 19 and if we have filled the extension in timely manner there is automatic 240 days extension on EAD. U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are authorized to work in the United States. been automatically extended. To ease the 540-day calculation, USCIS has created a new tool, an EAD Automatic Extension Calculator. Citizenship and Immigration Services (USCIS) will increase the automatic extension period for eligible Employment Authorization Documents (EADs) from 180 days to 540 days. Automatic Extension USCIS Settlement Agreement Provides Some Relief You would qualify for the extension for example if you filed a green card Extensiones Automticas de EADs Proporcionados por la This new re-parole application process is not an extension of the initial parole period. The recent H4 EAD automatic extension laws update comes as a temporary final rule. A .gov website belongs to an official government organization in the United States. of Action (except employees with TPS who may have a C19/A12 EAD Automatic Extension Georgia. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. An alien requesting employment authorization or an Employment Authorization Document (Form I766), or both, may be required to apply on a form designated by USCIS with any prescribed fee(s) in accordance with the form instructions. DHS will, within 120 days, take steps to modify Form I-94. Citizenship and Immigration Services (USCIS) issued policy guidance following the November 10, 2021 settlement agreement and updated the I-9 Handbook providing for automatic extensions of Employment Authorization Document (EAD) cards for H-4, L-2, and E-1 Dependent, E-2 Dependent, or E-3 Dependent visa holders. spouses in L-2 and E-1/E-2/E-3 status. 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. 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. EAD ), 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? DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, USCIS has officially issued guidance and updated the I-9 Handbook to provide for automatic extensions of EADs for H-4 and L-2 spouses. 274a.13 Application for employment authorization. Understanding AI terms: What are Completions? EAD Category C03B To Category C09 To update the expiration date, If your EAD is covered by this automatic extension, you may continue to use your existing EAD through March 3, 2024, as evidence that you are authorized to work. An automatic EAD extension is the period beyond the "Card Expires" date on the front of the EAD when certain non-immigrants are eligible to remain in the U.S. and may continue to work if they continue to meet certain terms and conditions. EAD Automatic In general, employees with EADs that contain certain category codes are eligible for an automatic extension of their employment authorization and/or Historically, certain EAD categories were only eligible for an extension up to 180 days. USCIS Automatic Employment Authorization Document (EAD) Extension. The auto-extension of 540-day starts immediately on May 4, 2022. USCIS the receipt notice. The automatic extension of work authorization will end at the earlier of: the end date of the individuals H-4 visa status as noted on Form I-94, the approval or denial of the Form I-765 EAD renewal application, or 180 I just got a receipt from USCIS about my renewal of EAD. File the H-4 or L-2 and EAD extensions with the principals H-1B or L-1 extension. The calculator helps to determine the 540-day end Optional Practical Training (OPT cut short if USCIS denies the employee's renewal application Their contents can be accessed using the EAD application for the Windows operating system. EAD automatic renewal for H4 dependents You will be forced to spend money on travel to get H4 visa stamps to get new i94s to get this 540-day auto extension. If H4 i94 ends earlier than a 540-day period, then the auto-extension period will also end. 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. 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. However, if you file early, the date on which your DACA and EAD renewal become effective may be earlier than the expiration date on your current EAD. STEM OPT refers to the 24-month extension of post-completion optional practical training (OPT). An automatic EAD extension depends on these requirements: Employees must have timely filed an application to renew their employment authorization and/or It is important to note that the TFR does not cure any unauthorized employment that may have occurred before the issuance of this rule. The H4 EAD will get automatic extensions if you file the i765 renewal/extension application before the current EAD card expires and their H4 i94 is still valid. The USCIS policy guidance can be found here. By that time, you must present any document from List A or any document from List C on Form I-9, Lists of USCIS has been experiencing lengthy delays in processing EAD applications in the last few years. (2) Terms and conditions. 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. 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. renewal application within categories A17, A18, and C26 are The agent mentioned that with current I539 receipt and previous I765 approval and EAD card , employment can Automatic Current H4 EAD extension/renewal receipt notice copy. The content and links on www.NatLawReview.comare intended for general information purposes only. 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 Mondaq uses cookies on this website. spouses. How Much Does the EEOC and iTutorGroup Settlement Really Implicate CFPB Sues Auto-Loan Servicer for Allegedly Harming Consumers. There is no automatic H4 EAD extension for first-time EAD applications.The auto extension is only available for EAD renewal cases. Understanding AI terms: What is input data? In the Expiration Date field, enter the date 180 days from EAD Automatic Extension How to keep employment with an automatic H4 EAD extension? What about currently pending l2 EAD extensions? automatically extended when the employee also presents a Form USCIS On May 4, 2022, the U.S. indicating Category A17, A18, or C26). Youll only need to do it once, and readership information is just for authors and is never sold to third parties. Automatic EAD extensions are confusing. I-9 Central EAD. automatically extended employment authorization for certain H-4 Cap-gap Extension for F-1 Students with Approved H-1B Petitions. 5.0 Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances 6.0 Completing Supplement If you have questions about calculating EAD extensions or preparing Form I-9 Employment Verification This would have given a reliable time frame on which all non-immigrants can rely and avoid all other downstream issues. There are four situations in which this NEW extension will affect noncitizen applicants: Noncitizens 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. Extension The automatic extension of up to 540 days applies to qualifying EAD renewal applicants whose Forms I-797C, Notices of Action, have a Received Date on or before Oct. 26, 2023. Haddii aad computer la kormeera iyo aad uga walaacsan dib caafimaadkiinna aawadiis, meel kasta oo daaqadan CLICK Farjac goobtan NOW ! or the end date of the Form I-94, whichever is earlier. WebMy I-485 and I-765 applications are still pending as of now. However, please note that until USCIS can implement changes to the I-94 to distinguish L-2 and E dependent spouses currently in the U.S. from L-2 and E dependent children, E and L spouses will still need to rely upon an EAD as evidence of employment authorization to present to employers for completion of Form I-9. For current employment, the employer should update the previously completed Form I-9 to reflect the extended expiration date based on the automatic EAD extension while the renewal is pending and reverify no later than the date that the automatic extension expires. H4 EAD will get an automatic EAD extension up to 180-540 days if. On May 4, 2022, U.S. After October 26, 2023, USCIS has indicated that it will revert to 180-day automatic extensions. renew my driving license under 180 days EAD extension Issuance of certain Employment Authorization Documents (Form I-766, EADs) may be delayed due to the COVID-19 global pandemic. 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. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. Tips For Managing the Response to an FTC Civil Investigative Demand in Privacy Verbal Disclosure of Employees COVID-19 Status Didnt Breach Health Record Ogletree, Deakins, Nash, Smoak & Stewart, P.C. USCIS Expands Personalized Processing Times To Work Authorization And Travel Document Applications, State Department "Administrative Processing" Visa Delays Continue Despite Reforms, August Visa Bulletin Announces Retrogressions In Several Categories, Remote I-9 Verification Here To Stay For Eligible Employers, USCIS Updates Policy Manual On Public Charge Inadmissibility Ground, Canada's Work Permit Program For U.S. H-1B Visa Holders Maxes Out In 48 Hours, As U.S. Conducts Second H-1B Lottery, State Department Interviews, USCIS Fees, Passport Delays. Have timely filed a Form I-765 Application for Employment Authorization, before their current EAD expired. USCIS Announces Policy Changes for H-4, L-2, and E-1/E-2/E-3 (c)(26), and the EAD that appears on the face of the He also handles applications for PERM labor certification; extraordinary ability, outstanding researcher, and national interest waiver petitions; adjustment of status procedures; consular processing; and naturalization. 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. As described in our previous alert, the Department of Homeland Security (DHS) entered into a settlement agreement following a lawsuit brought by H-4 and L-2 spouses suffering from long-delayed adjudication for the processing of applications for Employment Authorization Document (EAD) cards. 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 ! extended, employers must also enter the receipt number from Form Owing to COVID-19, th My current OPT EAD expires on February 21st and I have applied for a new EAD with AOS in August 2020. When applying for re-parole, individuals are applying for a new period of parole. Yog hais tias koj twb yeej nyob rau hauv ib tug muaj kev ruaj ntseg lub computer, thov tos 10 vib nas this, thiab koj yuav tsis raug raws kev coj kom lub ILCM web site. 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. Enter the receipt number from Form I-797C in the Document (1) The approval of applications filed under 8 CFR 274a.12(c), except for 8 CFR 274a.12(c)(8), are within the discretion of USCIS. (3) Termination. 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. 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.

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