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H4 EAD Batch Processing Impact & Renewal Guide | USCIS Updates

by Phil on Apr 26, 2024 1:27:26 PM

H4 EAD Batch Processing Impact & Renewal Guide | USCIS Updates
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In March 2024, the USCIS introduced a new batch processing system for specific Employment Authorization Document (EAD) categories, notably impacting H4 visa holders. This shift, aimed at streamlining operations, is leading to significant changes in the validity periods of H4 EADs, with potential implications for renewal and the continuity of work authorization.

H4 Work Authorization

H4 dependent spouses of H1B holders can apply for an EAD in certain situations where the H1B holder is seeking employment-based permanent resident status. Once the EAD is granted, the spouse with an H4 visa can work legally in the United States.

Eligibility for the EAD depends on the specific conditions being met by the H1B holder, such as having an approved I-140. The H4 visa holder must submit Form I-765 along with the required fee and supporting documents to obtain the EAD, after which they can begin employment.

New Implications for H4 Visa Holders

What Is Batch Processing?

Batch processing means that the USCIS handles and processes EAD applications in groups or “batches” rather than individually. This method is used to manage large volumes of applications more efficiently. However, while overall efficiency may improve, batch processing can have detrimental effects for individual applicants.

Effects of Batch Processing on H4 Renewals

The USCIS’s move to batch processing for H4 EAD applications means that the expiration date on the H4 holder’s EAD card is set to the first of the month in which the applicant’s I-94 expires. For example, if an H4 visa holder’s I-94 is set to expire on September 15, their EAD card will have an expiration date of September 1. This system standardizes the end-dates for all applicants within the same month, regardless of the specific day their I-94 expires.

This adjustment requires H4 EAD holders to be vigilant about the specific expiration date on their EAD card, which might not align with the end-date of their I-94. Importantly, these individuals should file for I-765 renewals before the start of the expiration month to avoid gaps in employment authorization.

Despite the change in how the USCIS determines EAD expiration dates, the 180-day automatic extension policy for EAD renewals remains in effect. This policy ensures that those with an H4 visa can work until the expiration date on their I-94 as long as they have filed their renewal application before their current EAD expires. This allows for continuous employment authorization even if the printed end-date on the EAD card precedes the I-94 expiration date.

Extending or Renewing Your H4 EAD

With careful planning, the shift to batch processing shouldn’t have a significant impact on H4 EAD extensions or renewals.

Extending H4 EAD

To extend your H4 EAD, begin by submitting Form I-539 with all supporting documentation to the USCIS. After filing, you’ll receive a receipt notice from the USCIS. Because all H4 EAD cards now expire on the first of the month, you’ll need to initiate this process well before the expiration date on the EAD card to avoid any gaps in your employment authorization.

Automatic EAD Extension

As of November 2021, H4 visa holders can benefit from automatic EAD extensions. This means that the holder of an H4 visa can work beyond the expiration of their current EAD provided they file Form I-765 before their EAD expires and they maintain H4 status. The extension lasts for either 180 days, until the USCIS makes a final decision, or until the H4 dependent’s I-94 expires.

Renewing H4 EAD

While an EAD extension generally aligns with the H4 status extension, a renewal involves reapplying near the expiration of the EAD card. To renew your H4 EAD, complete Form I-765 and gather necessary documents such as your current EAD, passport-sized photographs, and evidence of your H4 and your spouse’s H1B status. Ensure all documents are compiled and submitted to the USCIS in a timely manner.

Conclusion

As you adjust to the new H4 EAD expiration dates introduced by the USCIS’s batch processing system, make sure you understand the challenges these changes pose. Filing your renewal application early–before the month your I-94 expires–will help ensure there are no gaps in your work authorization.

In addition, taking full advantage of the 180-day automatic extension policy can provide a critical buffer, allowing you to continue working while your renewal is processed. This approach will minimize the stress and hurdles associated with lapses in work authorization.

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Topics: H4 EAD H4 Visa

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