To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. How long does a Request for Evidence take? USCIS reviews the application and makes a decision. The text of the rule is not yet available. Although, this did not extend to H4 benefits. H4 & EAD premium processing starting May 31, 2022. It can have serious consequences for you and serious consequences for the person who employs you. This is much better than filing court litigations or losing a job. If you leave the country and want to reenter you must have a valid passport and H-4 nonimmigrant visa (or another travel document) with you. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Good news for families of foreign nationals working in the US! Request a confidential consultation today. After a long wait, finally, on March 30th, 2022, DHS. This fee increase applies to all categories that have premium processing before August 1, 2020. The H1B Visa stamp that is issued to the individual and stamped in the passport is not employer-specific and continues to be valid even after you move to another employer until the Expiration Date on it. Fee varies from $1500-$2500. 4. SHARE . H4 Employment Authorization Document (EAD) I Forms. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Processing times for Form I-526 are typically based on an analysis of the . USCIS hasproposedsubstantial government filing fee increases for 2023. However, the situation is different for the H-4. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. 2023 VisaNation, Inc. All Rights Reserved. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. All you need to do is complete Form I-765 and submit it to US Citizenship and Immigration Services (USCIS) along with other documentation and the required fee. USCIS rules have recently fluctuated for H1B premium processing availability. To work in the US, you must first apply for an employment authorization document (EAD). National ID document with photo. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 4. WASHINGTON Today, U.S. i485 EAD processing time is 2 to 6 months at the National benefits center. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. The H-1B visa holder must have a status . As of now waiting for Perm, will file I140 in premium. Signed by President on 1st October. A, We need to wait. It is set to be $1,500 USD as per regulation. Alternatively, your spouse can attempt to change his or her nonimmigrant status to a visa that permits spouses to work such as the O or E class visas. If losing you as an employee would cause a workplace to suffer great financial harm or lay off other employees, USCIS may expedite your H-4 EAD request to avoid harming the livelihood of others. If your EAD has expired or will expire within 30 days and youre still waiting on approval, you can call USCIS and request that your application be expedited. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. Any update when will this be implemented , it is pending since oct 2020. . Terms of Service If you are from Mexico or Canada, you can apply for the TN visa, though the list of available occupations for this category is relatively short. We will update this page as soon as we get any concrete information. Does anyone know if this is a Interim Rule or Direct Final Rule? Once Biden administration takes office, they make take it up. Refer to your receipt notice to find your form, category, and office. Replace Green Card (I-90 Form) For more help navigating your unique tax situation, seek the assistance of a tax attorney. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . What Is Premium Processing for H4 EAD Through USCIS? Visas. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. Processing time 15 to 45 days. Effective May 17, 2021, U.S. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. USCIS will also provide premium processing option for H4 EAD applicants. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. The premium processing time for H4 visa using Form I-539 will be 30 Days. Request a confidential consultation today. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. It is not mentioned in the settlement agreement. Immigration Attorney in Los Angeles, CA. I had filed for renewal before the expiration. This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. I-129: The fee does not exceed $2500 and the processing time is 15 calendar days for H-1B, H-2B, E-1/E-2, L-1A/L-1B, O-1, P-1, and TN. See the below screenshot for both H4 and H4 EAD premium processing details. The regulations state that your H1B spouse needs to just have an approved I-140. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. See the timeline and screenshots. How long have you and your spouse been married? Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. The premium processing time for H4 visa using Form I-539 will be 30 Days. Their spouse is allowed to remain with them in the country throughout the duration of their H1-B status, but they arent automatically authorized to work. It is not a priority for Trump Administration. This H-4 EAD FAQ series is intended to act as a guideline for filing. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. Neither your employer nor your spouses employer is obligated to pay them. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. If your spouse has an approved I-140 filed with the USCIS (which they will need if you are to qualify for an EAD), then you can wait until your spouse obtains their green card so that they can sponsor you for an F2A green card. . Premium processing benefits have been extended to other forms. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. Any situations not addressed below should be addressed with a qualified immigration attorney. Answer: Unfortunately, while USCIS rules have been fluctuating in the last few years for premium processing availability for H-1B principal visa holders, there hasn't been much movement for this option for H-4 EAD holders. what time line we can expect to use premium processing option? This is a welcome step and will provide relief to many who are otherwise at the mercy of the USCIS officers to approve their EAD expedite request. All requests are considered on a case-by-case basis. Employment Authorization for Certain H-4 Dependent Spouses | U.S. A copy of your last EAD. This will incur an H-4 EAD visa fee of $410. EB1-C i-140 premium to start in 2022. You can check service center H4 EAD processing times here. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner. The premium processing service will set you back $1,500. You will see the status say, sent for printing. USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. No. It is not advisable to file more than 180 days before this date. Working without an EAD is illegal. Wait for your Social Security card to arrive (takes about 5-6 weeks). If you file a Form I-539 requesting to change your nonimmigrant status to H-4 and you include a Form I-765, we will adjudicate your Form I-765 only after we adjudicate your Form I-539 and grant you H-4 status. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). A year is a very long time to wait for a household that needs additional income to pay the bills. This is done the way that you would get a renewed card. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. I have y wife h4 pending for 4 months. L. No. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. . Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. USCIS processes the premium processing request and makes a decision on the application. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. At present, there is no option for H4 EAD extension premium processing. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. You can request expedited processing if you can demonstrate to USCIS that you would sustain a financial loss or urgent medical situation related to the processing of your H4 EAD status. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. The rule has come under the administrative spotlight over the past several months, meaning that a day may soon come when H-4 holders are no longer able to apply for work authorization. Although the bill was passed, its provisions were never implemented. These are just some questions that may or may not appear in your interview. In a situation like that, you need to know what your alternatives are. USCIS H4 EAD Premium Processing. The bill included provisions for extensions, changes of status, and work authorization. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. They have plans to implement premium processing, but the plans arent immediate. Once approved, the B2 visitor visa extension should be processed in under 30 days. I fear my wife is going to lose her job since EAD expires end of October. Licensed for 49 years. DHS hopes to have H-4 EAD premium processing available by the year 2025. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. How much time will it take to make it a law? USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. It is good to know that they plan to return to 3 month time period for EAD approvals but it is easier said than done as the official processing times on their publicly available page are usually more than 12 months for each service center. This would violate the EAD rules. Thursday, July 8, 2021. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD. RN Law group reached court settlement. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . There is no concrete date given yet. The premium processing fee for current eligible categories such as H1B, L1, I-140 and other categories will be increased to $2,500 USD from $1440 USD. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. It can take approx. If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires. Youre still working in your home country. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. The settlement was specifically to return to concurrent adjudication when filed together. It is set to be $1,750 USD as per regulation. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. Official identification issued by the government. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. Fee varies from $1500-$2500. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. Any new updates on H4, H4 EAD premium processing? USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests. Complete Guide to the H4 Visa in the U.S. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. . Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. This is a hefty sum, but 30 days . All forms of employment require an EAD. Contact us for help today. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. A copy of Form I-94 showing admission of H-4 status. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. Hello @Anil_Gupta , Thanks for your prompt response. You can return home and perform temporary work in your home country. Fifteen days to get EAD card. Premium processing only applies to certain forms. No, they said that they will start implementing it for new filing starting Jan 25. Any luck on your side? USCIS should share more details on how the premium processing will work for H4, L2, and F extension cases when the biometric is an important step in the middle. What's worse, if concurrently filing the H-4 EAD renewal . She will lose job in another 2 months. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. If you were to help others make investments or engage in Forex trading, you would technically be working. Thanks. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . The Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . While it is possible for you to travel without directly jeopardizing your status, it is usually not recommended to do so until your EAD has been approved. Prior to March 2019, USCIS's policy was to generally adjudicate I-129 petitions (for H-1 or L-1) at the same time with concurrently-filed I-539 (for H-4 or L-2) and I-765 (for H-4 EAD and L-2 EAD) applications and this policy applied to both regular and premium processing filings. Official websites use .gov So, I used the reply option. [ 67] If you have an H4 visa and want to start working immediately, you might be interested in how long it takes to get an EAD. https://public-inspection.federalregister.gov/2022-06742.pdf?fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, There is some update, looks like meeting is scheduled for 02/09/2022 for implementation of this bill. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. 4. Website. The below article tracks the latest news updates on the same with the timeline of events, current status. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. So does this also mean that if anyone has to extend H4+EAD the fees are expected to be total $1750+$1500 and the duration be 30+30 total days? You need an EAD to perform any work inside of the United States, but you arent prohibited from working in any country where youre already authorized to work. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. Birth certificate with photo ID. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. It is planned to be implemented by FY 2025. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Not sure which option is right for you? The USCIS Stabilization Act set new fees for premium processing of immigration benefit requests that had been designated for premium processing as of August 1, 2020, and expanded DHS authority to establish and collect new premium processing fees, and to use those additional funds for expanded purposes. Thank you so much for the explanations! After that, both you and your spouse will be considered out of status and your EAD will be invalid. Until the fiscal year 2025 which starts on Oct 1, 2024, the only viable option would be filing the mandamus lawsuits to make USCIS work for timely approving EADs. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. | Powered by Edge Creative, COHEN, TUCKER & ADES P.C.42 BROADWAY SUITE #310 | NEW YORK | NY | 10004 | UNITED STATES | (212) 840-0050 | INFO@COHENTUCKERLAW.COM The company you hold a contract with might be able to refer you to a U.S.-based tax attorney with experience working for the company. The date of your EAD will, be valid from the date your I-765 is adjudicated or the date in which you acquire H-4 status (whichever is later). You are not permitted to work with an ITIN number. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . Big changes announced by USCIS. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! 11-year Top Contributor. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Any idea when this will in effect. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. File it now, and it will be approved before premium processing is implemented. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. A .gov website belongs to an official government organization in the United States. Improving Access to Employment Authorization Documents, USCIS continues to make progress toward a temporary final rule currently named Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. Thanks. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . The fee is going up by over $1,000. USCIS H4 EAD Premium Processing. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . Weve received many questions regarding qualifications, documentation required, processing procedures and the. As an H-4 immigrant who receives an EAD, you are able to renew your authorization for as long as you maintain eligibility in accordance with 8 CFR 214.2(h)(9)(iv). USCIS processing times for L2 EAD (Employment Authorization Document) . an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. . The Cohen, Tucker & Ades law firm are compassionate and detail-oriented immigration lawyers who have spent the past 40 years helping immigrants live their lives in America. You must release your work exclusively through a company outside of the United States. You can see a line-by-line breakdown of the individual components of this in the chart further down. It was with the Office of Management and Budget (OMB) for a long time until February 2022. Hi Anil, When someone comes to the United States to work in a specialty occupation with an H1B visa, they have the ability to bring their spouse with them on an H-4 visa. Your spouse can obtain citizenship in the U.S. after obtaining their green card and then sponsor you for a marriage-based green card for a much faster process. What Will H-4 EAD Premium Processing Cost? USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. Fee varies from $1500-$2500. So there is no need to worry about having your petition rejected on that account. You cant legally work without an EAD unless youre in the United States on a work-specific visa. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. Unfortunately, H4 EADs cannot be premium processed. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, Form I-129, Petition for a Nonimmigrant Worker, Form I-140, Immigrant Petition for Alien Workers, Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD.
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