Do employees have to stop working until they get their EAD? • TechCrunch

Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.

“Your questions are very important to the unfold of information that permits individuals everywhere in the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or searching for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Expensive Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.

Expensive Sophie,

Considered one of our workers is on an H-4 visa and has an Employment Authorization Doc. It’s been 5 months since he filed to resume his EAD, which can expire subsequent month. Is there any technique to expedite this course of? Does he should cease working if he doesn’t obtain his new EAD card earlier than his previous one expires?

As a result of it’s taking so lengthy to get EAD playing cards, we’re apprehensive about one other of our workers, who has an L-2 visa with an EAD scheduled to run out early subsequent yr.

As well as, the H-4 visa worker desires to go to his household in India as a result of it’s been greater than three years since he final went. Will he and his household be capable of return to the U.S. after 4 weeks?

— Aware Supervisor

Expensive Aware,

Thanks for reaching out to me with all of your questions on Employment Authorization Paperwork (EADs), in any other case often called work permits. The U.S. Citizenship and Immigration Companies (USCIS) has launched just a few adjustments to cut back case backlogs and enhance the standard of service, and one space it has been specializing in is reducing the processing occasions for EADs and increasing their validity to keep away from employment disruptions.

For the previous couple of years, USCIS has been backlogged because of the pandemic, funding points, and reliance on paper-based processing for many immigration advantages. Proper now, USCIS is taking anyplace from 5 months to 9.5 months to course of an H-4 EAD software or extension, relying on the USCIS service heart dealing with the request.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)

Whereas USCIS is working to develop premium processing to further immigration types, it stays unavailable for Type I-765, which is used to use for and renew work authorization. With premium processing, USCIS ensures to course of an software inside 15 days for a price.

Nonetheless, there’s excellent news for you and your workers!

Work permits for H-4 visa holders

H-4 visa holders, who’re the spouses of H-1B visa holders, had been supplied some aid this yr within the EAD course of.

In Could, USCIS issued a brief rule designed to cut back EAD backlogs in addition to the stress on people holding H-4 visas and their employers. These visa holders can have their EADs prolonged for as much as 540 days if the person had a renewal software pending with USCIS on or after Could 4 2022, or had filed a renewal software on or after that date.