Saturday, February 8, 2014

H4 Visa EAD Rule

Updated on 26th May,2015

Latest I-765 form is out. Please see the details - http://www.uscis.gov/i-765
FAQs - http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses#.VVy-VTnedEw.twitter

Updated on 26th February,2015

Today many of us will be attending an important teleconference arranged by the United States U.S. Citizenship and Immigration Services regarding the H4 EAD Rule provisions. 
Please consider the following points - Feel free to add missed points under this comment thread. I have tried to add frequently asked concerns -
1. As long ad H1B visa holder's previous employer I 140 has not been revoked, the dependent spouse is eligible to get an EAD. If revoked, you need to have an approved I 140 with your new employer to file an EAD for your spouse. I140 is always issued for the future employment.
2. Previously if you were on L2, F2 visa, to avail this Rule you need to maintain H4 visa status and your H1Bvisa holder spouse should have a valid I 140 or an extension via AC21.

3. After receiving an EAD via this Rule, you will be very much on a H4 visa. You can easily travel on H4 visa " You need a valid visa to enter in the United States, not a car." wink emoticon - as stated by one of the panel member.
4. H4 visa holders from any professional background can file an EAD if met certain provisions. Not at all STEM , non STEM issue.
5. They are eligible to work under any employer or can start any sought of legal business.
6. Change of status can be concurrently filed with an EAD. A person will only be eligible after getting his/ her status changed to a H4 visa and their H1B spouse meeting certain provisions.
7. H4 EAD Rule is permanent. So, a person can file anytime after 26th May, 2015. They have specifically mentioned - " Please don't file any form before the given date. Forms will be returned."
8. Check out the Instruction link and get all the related information on Page No.4 - http://www.reginfo.gov/public/do/PRAViewIC
9. There will not be any premium processing for the same.
You can also email your queries at - public.engagement@uscis.dhs.gov
United State U.S. Citizenship and Immigration Services will hold similar teleconferences to give more information related to this Rule. Soon they will be publishing a Q&A link for more insight.

Updated on 24th February,2015

Finally the H4 EAD Rule has been announced -  http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence 

Updated on 12th February,2015

It looks like that the H4 EAD Rule may come out soon. The link has mentioned H4 EAD Rule provisions as well. Check out page number 4 . Link -  http://www.reginfo.gov/public/do/PRAViewIC?ref_nbr=201502-1615-004&icID=20321

Updated on 6th February,2015

H4 visa EAD Rule has been submitted to the OMB. It is not the Final implementation of the Rule. Please check the steps involved in a Rule making process as well -http://www.reginfo.gov/public/reginfo/Regmap/index.jsp  -
 http://www.reginfo.gov/public/do/eoReviewSearch;jsessionid=BCE647D7AA4DB0B3A7D5497AEADF250B                                                                                                                                                  It will take 30 - 60 days to complete the review. 
Hopefully the Final H4 visa EAD Rule is coming soon. Thanks 

Updated on 23rd January,2015

 U.S. Citizenship and Immigration Services  had organized and teleconference call  along with a meeting in Washington DC.  The meeting was also attended the members of our H4 visa group. The departments's  Director León Rodríguez has not given any specific timeline but added that it will be implemented asap. He is well versed with our advocacy actions and applauded the same. He has also indicated that provisions will be given to H4visa children as well. Hopefully #H4EADRule is not that far. 

I have also received  tweet reply from Paulette Aniskoff, Director of the Office of Public Engagement, The White House 
"@h4visaacurse DHS definitely working on #H4EAD rule to get it done ASAP; for further details see: http://www.dhs.gov/immigration-action"

Updated on 21st November, 2014

As per OIRA link - http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201410&RIN=1615-AB92  The final H4 visa EAD Rule will be announced in December, 2014.

Updated on 13th November, 2014 

Check out President Barack Obama's take on Immigration related issues during a recent press conference to talk about Democrats defeat in the recent mid term elections. "Before the end of the year ( 2014), we're going to take whatever lawful actions that I can take." Hopefully we will get to hear some positive news before the holidays.http://www.huffingtonpost.com/2014/11/05/obama-immigration-executive-action_n_6109848.html 

Updated on 11th July, 2014

The H4 visa work permit  Rule comment period has been closed. Total - 12, 726  final public comments have been submitted  http://www.regulations.gov/#!docketDetail;D=USCIS-2010-0017
All the information  regarding the implementation of the Rule will be posted on the blog and on my Facebook page - https://www.facebook.com/H4visaacurse
Please invite more like minded people on the page and make them aware about the H4 visa cause. It will be helpful for us to engage into a future H4 visa advocacy collective actions.

Update on 27th May, 2014

Updated H4 visa work permit Rule document on the Executive Office of the President's website   www.reginfo.go
Document link - http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201404&RIN=1615-AB92
Added information -
A significant add says "This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest."

Update on 12th May, 2014

Final comment period has been started today. It will end on 11th, July, 2014 

Add your comment - http://www.regulations.gov/#!submitComment;D=USCIS-2010-0017-0001

Update on 9th May, 2014 

Department of Homeland Security has released a detailed document to explain the H4 EAD Rule ( RIN:1615-AB92) briefly. The document has indicated that final public comments to support this rule will be starting from 12th May, 2014. They will be open for 60 days. 

Link - http://www.ofr.gov/OFRUpload/OFRData/2014-10734_PI.pdf   

Update on 6th May, 2014 

 Breaking News 

Today, the Department of Homeland Security has released a press release which has announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing obstacles to their remaining in the United States. Hopefully, we will expect that final comment period will be opened soon to support H4 EAD Rule ( RIN:1615-AB92)

The White House link -http://www.whitehouse.gov/blog/2014/05/06/taking-action-attract-world-s-top-talented-professionals
Steps in Rule making - ( Regulatory map )

As asked by many members,  the proposed rule clearly states in simple words -

1. EAD will be granted to the spouses of those H1B workers whose I 140 is cleared. It is a stage in the Green Card processing.

2. EAD will be granted to the spouses of those H1B workers whose 6 years have been completed. You can  stay in the United Sates after the maxing out of your H1B visa, only if your Green Card processing has been started.

Update on 24th April, 2014 

Members from H4 visa, a curse  FB page and others have attended a meeting with the OIRA on 23rd April, 2014. The agency carries out several important functions, including reviewing Federal regulations, reducing paperwork burdens, and overseeing policies relating to privacy, information quality, and statistical programs. 
 Link  http://www.whitehouse.gov/omb/inforeg_default

Official update from the OIRA meeting 

Update on 8th April, 2014 

The White House's latest statement has stated about the proposed H4 EAD Rule. Hopefully, this time the authorities will take some action. Don't believe any false news that says work permit will only be meant for high skilled ( STEM) H4 dependent spouses.Check out The White House's original fact sheet and the current Indian media links. 
The White House's original fact sheet released on 7th April, 2014 http://www.whitehouse.gov/the-press-office/2014/04/07/fact-sheet-strengthening-entrepreneurship-home-and-abroad

Updated on 26th February, 2014 

On 26th February, 2014 http://www.regulations.gov/#!home  opened the comment period till 28th March, 2014. It was dedicated to all  the Department of Homeland Security's Rules. RIN:1615-AB92 - Employment Authorization for Certain H-4 Dependent Spouses is one the proposed DHS Rule. So, the comments were not specifically for RIN: 1615 but dedicated to all the related agency's rules. Lot of people have manipulated by circulating the hoax information that  H4 EAD rule comment period  has been opened.

With the help of my Facebook page members  and others https://www.facebook.com/H4visaacurse 2,491 comments have been received. Hopefully, the Department of Homeland Security  will consider the comments related to H4 EAD rule. And,  soon we will get to see the final comment announcement for RIN:1615-AB92 - Employment Authorization for Certain H-4 Dependent Spouses because the previous ones are not the final comments. http://www.regulations.gov/#!docketDetail;D=DHS-2014-0006


Updated H4 EAD rule click here ( official link) 

According to the Rule the EAD (work permit) will only be issued to H4 visa spouses whose principle sponsor (H1 worker) has stayed in the US for 6 years (H1B tenure)  with a 7th year extension, Green card filed with I-140 cleared.

Due to the retrogression  of the visa bulletin people are stuck with their I-140s cleared but can’t file for an EAD. They have to wait for many years for their dates to become current.   

  H4 Visa EAD rule Executive Order

In 2011,  H4 visa holders had signed a petition on the White House’s website. Please click here - https://petitions.whitehouse.gov/petition/allow-h-4-visa-member-work-legally  to view this petition and response from the White House.

The response from the White House indicated that DHS is preparing a proposed rule that would allow employment authorization for H-4 dependent spouses

For the last three years the related agency has been extending the H4 visa EAD rule’s timeline.