News: Automatic L2 EAD and Standalone H4 EAD Auto Extension Explained
In March 2021 American Immigration Lawyers Association (AILA), Wasden Banias, and other Attorney’s filed a lawsuit against the Department of Homeland Security (DHS) to fix the lengthy processing time for H-4 EAD and L-2 EAD.
Now, the lawsuit is settled. According to the Lawsuit, in the future (after USCIS implements):
- L-2 Visa holders are not required to apply for EAD in order to work.
- Standalone H4 EAD gets automatic extension for 180 days
Let me focus on the H-4 EAD Auto extension part. Because there’s a ton of confusion.
Scenario 1: H4 EAD Auto Extension (Not Valid)
Case 1: H-1B Applied for extension along with H-4 extension and H4 EAD extension.
H-4 EAD expiry date typically matches the H-1B Visa validity period.
In this case, an H-4 extension is filed along with an H-4 EAD extension. However, as per this new settlement with USCIS from this lawsuit, there is no automatic H-4 EAD extension.
As per the settlement, H-4 EAD gets an automatic extension for 180 days if the H-4 status is active (aka valid I-94).
Example with Dates:
- H1B expires: Jan 1, 2022
- H-4 Expires: Jan 1, 2022
- H-4 EAD Expires: Jan 1, 2022
On Nov 1, 2021, the attorney applied for an H-1B extension, H-4 extension, and H-4 EAD renewal.
As per current processing time at Vermont Service Center:
- H-1B Extension: 3-5 Months
- H-4 Extension: 9 to 12 Months
- H-4 EAD: (9 to 12 Months) for H4 Extension + 6.5 to 9.5 Months for EAD
As per this settlement, H-4 EAD will not be auto extended for 180 days.
Scenario 2: H4 EAD Auto Extension (Valid)
Under the same scenario, one could take advantage of the new settlement by following the way to get H-4 EAD auto-extension.
- Apply for H-1B in Premium Processing
- H-4 Spouse travels
- Get H-4 Visa stamp
- Enters the USA with new I-94
- Apply for H-4 EAD before current H-EAD expires
Then H-4 EAD will be auto-extended for 180 days.
Example with Dates:
- H1B expires: Jan 1, 2022
- H-4 Expires: Jan 1, 2022
- H-4 EAD Expires: Jan 1, 2022
- Get H1B Approved: Nov 15, 2021 (via Premium)
- Travel and Get Visa Stamp and enter USA: Beofre Dec 25, 2021
- Apply for H-4 EAD Extension: Before Jan 1, 2022
Getting an H-4 EAD auto extension depends on getting a Visa appointment and travel.
L-2 Incident of Status + Work Authorization
Past: L-2 visa holders are eligible to work in the USA. USCIS required L-2 visa holders to apply for EAD before they were allowed to work.
Now (After Lawsuit): L-2 Visa holders can work without applying for EAD.
Summary:
Resources will be freed up at USCIS (takes than 12 minutes to process one EAD petition). USCIS officers could now use the additional time to approve pending petitions.
