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

Here is another version “Dear Sophie,” an advice column that answers immigration-related questions about working at tech companies.

“Your questions are critical to spreading the knowledge that allows people around the world to rise above borders and pursue their dreams,” said Silicon Valley immigration attorney Sophie Alcorn. Whether you’re in People Ops, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in the next column.

TechCrunch+ members receive weekly access to the “Dear Sophie” columns; Use ALCORN to purchase a one- or two-year subscription at 50% off.

Dear Sophie,

One of our employees is on an H-4 visa and has an employment authorization document. It has been five months since he proposed to renew the EA, which expires next month. Is there a way to speed up this process? Should the new EAD card expire before the old one expires?

We are concerned about another employee who has an L-2 visa with an EAD that will expire early next year, as it takes so long to get EAD cards.

In addition, the H-4 visa worker wants to visit his family in India because it has been more than three years since he last left. Will he and his family be able to return to America after four weeks?

– Intelligent manager

Dear Mentalist,

Thank you for contacting me about all your questions about Employment Authorization Documents (EADs) otherwise known as work permits. US Citizenship and Immigration Services (USCIS) has proposed a number of changes to reduce caseloads and improve service quality, and one area of ​​focus is reducing the processing time of EDAs and extending their service life to avoid disruptions.

For the past two years, USCIS has backed away from the pandemic, financial issues, and a paper-based process for most immigration benefits. Now, USCIS is taking from anywhere. From five months to 9.5 months To process the H-4 EAD application or extension, depending on the USCIS service center handling the request.

Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)

While USCIS is working to expand the premium process to additional immigration forms, Form I-765 is no longer available for work authorization applications and renewals. With premium processing, USCIS guarantees to process an application within 15 days.

However, there is good news for you and your employees!

For work permits for H-4 visa holders

H-4 visa holders who are spouses of H-1B visa holders are offered some relief in the EAD process this year.

In May, USCIS issued an interim rule designed to reduce EAD disputes and the burden on H-4 visa holders and their employers. These visa holders may extend their EAD for up to 540 days if the individual had a pending renewal application with USCIS on May 4, 2022, or if they file a renewal application on or after that date.