Below is our H4 visa EAD FAQ series based on information released by USCIS. Although the bill was passed, its provisions were never implemented. | 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. Read More. 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. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. 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. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! You cant legally work without an EAD unless youre in the United States on a work-specific visa. 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. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. 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. There are a few ways to go about obtaining your green card while on an H-4 visa: Some other nonimmigrant visas allow you to work in the U.S. automatically, such as the O, E, and L class visas. It can be a tricky situation if you want to work outside the country without an EAD. As of now waiting for Perm, will file I140 in premium. It was with the Office of Management and Budget (OMB) for a long time until February 2022. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. The H4 EAD application fee is $410. As an H4 visa recipient, your visa isnt considered work-related. 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. SHARE . At present, there is no option for H4 EAD extension premium processing. Premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. RN Law group reached court settlement. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. We expect the announcement to be made in 7-10 days after the president signs it. 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. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. USCIS rules have recently fluctuated for H1B premium processing availability. 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. Contact us for help today. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouses H-1B or green card petitions. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Fee varies from $1500-$2500. Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.. Topics. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . Copy of your marriage certificate. All requests are considered on a case-by-case basis. USCIS will no longer accept previous editions of this form. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. Customer service is a top priority for USCIS, and we remain committed to ensuring that applicants and petitioners have timely, meaningful access to assistance and resources. Its still a long waiting period. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. You definitely clarified my doubt. Refer to your receipt notice to find your form, category, and office. Good news for families of foreign nationals working in the US! Check your inbox to confirm your email and download the free e-book. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. The H-4 EAD premium processing takes about two weeks. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. The H4 EAD application is filed with USCIS. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. The settlement was specifically to return to concurrent adjudication when filed together. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. Delayed USCIS processing times for H-4 applications will still mean that many individuals with pending H-4 applications will not be able to work past their I-94 expirations even if the automatic EAD extension timeline advances past that timeline. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. (213) 376-3107. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. Is premium processing available for H4 EAD? We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. Thursday, July 8, 2021. 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? The premium processing fee for all I-765 applications will be under $1,750. Q. As per the final rule published (29 Mar 2022), USCIS will NOT be able to start premium processing for H4 and H4 EAD until 30 Sep 2024. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. Q. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Terms of Service Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . This added unnecessary delays and increased processing time by up to 2 years. It is not advisable to file more than 180 days before this date. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. The good news is that USCIS has just released an updated H4 EAD processing time. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. If for whatever reason the USCIS revokes this petition, you would not qualify. It can be done safely and legally without violating any United States laws, but a lawyer would need to view the circumstances in order for you to be sure youre making the right decisions. A .gov website belongs to an official government organization in the United States. Hello Anil, I couldnt find a way to post a new message here. This will incur an H-4 EAD visa fee of $410. 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Many people wait up to a full year for their documents to be processed. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. [ 67] 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. Many households need two incomes in order to make ends meet. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. . Hi Anil, Investments arent considered employment. A key worker is someone whose employment makes the normal operation of a workplace possible. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. We will update here if new information is made available for this. Dont accept any job offers from people who can tell you that you can work without an EAD. . Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. 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. It is not mentioned in the settlement agreement. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing Hello @Anil_Gupta , Thanks for your prompt response. RedBus2US.com 2010 - 2023, All Rights Reserved. Therefore, as of today, you cannot premium process your H4 EAD. The applicant then pays the premium processing fee. Fortunately, this is not a one-time opportunity. If you have not filed your Form I-907, or have . Wait times for processing can be long, which puts strain on families who need both spouses to work. Can we expect this to be implemented soon or would it take months for USCIS to implement this? See the timeline and screenshots. Im waiting for Perm and will file I140 in premium. View Profile. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. Back in the pre-biometric days, USCIS used to show big heart and approve H4 and H4 EAD along with H1B premium as a goodwill gesture. Biometric Appointment in Premium Processing Cases? 2023 AM22Tech| As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. This is done the way that you would get a renewed card. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. 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. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. USCIS processes the petition, which can take several months. These are their internal goals which are quite ambitious given the current pathetic situation. or even an H-1B visa yourself. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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.. It is planned to be implemented by FY 2025. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. Conclusion USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Hope my understanding is right. These visas in particular also allow dependents to work in the U.S. Keep in mind that changing ones status can be tricky, especially when you have an approved I-140 pending with the USCIS. 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. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. They have a thorough knowledge of the H-1B process and this new EAD rule. They are prioritizing F1 OPT for Form I-765 in FY 2022. Review our. Just file a new I-765 along with the filing fee to replace your card. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on I have two more questions - I have a H1B and I-140 with my current employer and I file for a H4 EAD for my wife. H4 EAD Premium Processing And 2022 Visa Application Guide. Q. January 23, 2023. This added unnecessary delays and increased processing time by up to 2 years. What's New on VisaGrader? First, the principal. In order to qualify for employment authorization documents, there are two main criteria. 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. If approved, USCIS sends an approval notice to the applicant. 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. If youre a creative professional, like an author or a musician, you probably work with a record label or a publishing house that pays you for your work. Your personal information is protected by our Privacy Policy. Change US Consulate interview location on DS-160 after Submission? H4 Employment Authorization Document (EAD) I Forms. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. Hello Anil, firstly thanks for posting great information. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. EB1-C i-140 premium to start in 2022. Nothing in this website is to be considered as either creating an attorney-client relationship between the reader and Fragomen or as rendering legal advice for any specific matter. So, I used the reply option. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. How long does it take once USCIS approves my H4 EAD before I receive a card? Since the H-4 visa is a nonimmigrant visa, you dont have a direct method to adjust your status to lawful permanent resident with a green card. 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. The fee is going up by over $1,000. A, We need to wait. Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765? Secure .gov websites use HTTPS USCIS Processing Times Visa Approvals Rates Login. We will update this page as soon as we get any concrete information. Other EAD categories (not H4) are eligible for the 180-day extension. USCIS responded by implementing an automatic 180-day extension to H4 EAD. Birth certificate with photo ID. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. N-400: Application for Naturalization; Useful Info. Fee varies from $1500-$2500. 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. However, the situation is different for the H-4. Again, this provision will be effective only after USCIS completes the regulatory process. All forms of employment require an EAD. Through todays actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. Any update when will this be implemented , it is pending since oct 2020. Youll need: Additional details regarding the requirements can be found here. First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. You can now just pay the money instead of begging for timely approval of your EAD. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. For now, the biometrics requirement has been suspended - but by the time USCIS is implementing the long-awaiting H-4 premium processing, the biometrics requirement will be back and USCIS will continue to have an excuse not to take any action on these cases - even when the applicant is desperately trying to pay them an extra $3,250 to get a decision on these applications within 30 days . Below are the screenshots that indicate the same. Once Biden administration takes office, they make take it up. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. So there is no need to worry about having your petition rejected on that account. Replace Green Card (I-90 Form) Visa Interview ? Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. File it now, and it will be approved before premium processing is implemented. 3. 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. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; Its connected to your spouses or your parents visa. To request premium processing on or after January 30, the Form I-907 (Request for Premium Processing)?version dated November 3, 2022?must be filed. This shows how difficult it is to move the dinosaur named USCIS. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. There are many factors that go into the H-1B processing time including whether your spouses petition is cap-subject or cap-exempt, how busy the USCIS service center is, whether your spouse used premium processing. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. You cannot start a job in the US until you have your EAD. USCIS reviews the application and makes a decision. While being able to bring a spouse over to live with you during your H-1B stint is a great benefit of the visa, having that spouse be able to earn an income can be vital to the success of your endeavors in the country. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Not sure which option is right for you? NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. This H-4 EAD FAQ series is intended to act as a guideline for filing. USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. H4 EAD. 116-159 . So is it a problem only for new EAD applications? A copy of your last EAD. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 from October 2020 to September this year was 97.3%. . 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. But its still good news for us. USCIS may be willing to expedite certain EAD documents under emergency circumstances as long as the H-4 EAD was filed properly and in a timely manner. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. Will the premium processing for EAD also include L2 EAD? The Trump administration made certain changes to the immigration process that extended the duration of the process to an . If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation.
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