Most entries below contain actual legal discussions of events directly related to Filipinos in or immigrating to the United States.
Remember- These writings are provided for general information only and do not constitute legal advice, nor do they create any attorney-client relationship. Each person's needs and requirements are different and require a personal evaluation to determine the proper legal course of action.

Thursday, January 28, 2021

H-4 EAD Program Will NOT Be Cancelled

The H-4 EAD program will continue unchanged.

The prior administration attempted to cancel allowing certain persons in H-4 status to obtain an Employment Authorization Document (EAD) by proposing a new rule that would cancel the program.  On January 25, 2021, the Department of Homeland Security withdrew the proposed rule from consideration before the cancellation of H-4 EADs went into effect.

This action means that persons in H-4 status who are elgible for work authorization can still apply for and receive an H-4 EAD.

However, issuance of H-4 EADs are experiencing substantial delays.

Over the last year, the time it takes to actually receive an H-4 EAD has slowed significantly.  There are two causes Hfor the processing delay. 

First, the delays began when USCIS changed their procedure to no longer adjudicate the H-4 Extension of Status (and attached I-765 EAD request) at the same time they decide the H-1Bs Extension of Status.  This added a delay of many months before the H-4 EAD was issued.

And second, overall USCIS processing times of many applications greatly slowed during COVID times.  A large part of the delayed processing has also been attributed to implementation of time-consuming changes in adjudicative policies that applied a more restrictive view to H-1B eligibility.

Many of us are hoping that these inefficiencies will gradually be corrected within the next year.

 View Qualifications of Attorney James W. Austin

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