"The agency, which handles employment authorization renewals, said its current processing time is four months in 80% of cases. But immigration experts said the agency will likely take longer than that in certain cases. And because visa holders can only apply for work permits a maximum of six months in advance, some H-4 holders may not get their permits re-approved before they expire. Foreign workers must immediately stop working if their employment authorizations lapse."
"U.S. Citizenship and Immigration Services said Friday that gaps in employment could result if visa holders don't file work permit applications in time, or if the agency can't process their applications before permits expire. It doesn't really make sense to me, said Kelli Duehning, a partner in the BAL immigration law firm's San Francisco office who spent 17 years as a lawyer for U.S. Citizenship and Immigration Services. Do whatever screening you need. But then don't penalize the person who is here"
The Department of Homeland Security removed automatic extensions for H-4 spousal visa holders whose employment authorization renewals remain pending, ending a prior 540-day automatic extension policy. U.S. Citizenship and Immigration Services reports current processing about four months for 80% of cases, but experts expect some cases to take longer. Visa holders can apply for work permits at most six months in advance, creating risk that renewals will not complete before expirations. Work must stop immediately when authorization lapses, so employment gaps could occur if filings are late or processing is delayed. The rule change emphasizes tighter screening and vetting.
Read at www.mercurynews.com
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