This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. This rule applies to people whose H-4 EAD is pending. Thank you so much for the explanations! 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. 447 reviews. This shows how difficult it is to move the dinosaur named USCIS. 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. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing This fee increase applies to all categories that have premium processing before August 1, 2020. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? "USCIS will issue policy guidance that states L-2 spouses are employment authorised, incident to status, and in cooperation with CBP, change the Form I-94, within . A final rule titled Implementation of the Emergency Stopgap USCIS Stabilization Act was published in the Federal Register at 87 FR 18227 (March 30, 2022). Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. 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. What's worse, if concurrently filing the H-4 EAD renewal . Check your inbox to confirm your email and download the free e-book. Just saw this status for the bill. USCIS will also provide premium processing option for H4 EAD applicants. 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.. Approve of premium processing for H4 EAD NOW! Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. National ID document with photo. 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. This is much better than filing court litigations or losing a job. Pay one Premium fee for H1B, H4, EAD by filing together? 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. The fee is going up by over $1,000. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. What Is Premium Processing for H4 EAD Through USCIS? As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 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. Processing time 15 to 45 days. 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. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Employment authorization is incorporated into the visa itself, even for spouses. Biometric Appointment in Premium Processing Cases? Im waiting for Perm and will file I140 in premium. However, getting an H4 can be a complex process. 11-year Top Contributor. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. For example, the I-129 H-1B filing . A year is a very long time to wait for a household that needs additional income to pay the bills. Immigration Attorney in Los Angeles, CA. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. You cannot start a job in the US until you have your EAD. Effective May 17, 2021, U.S. or even an H-1B visa yourself. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD 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. This added unnecessary delays and increased processing time by up to 2 years. Review our. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. The fee will vary from $1500 to $2500 for other types of applications. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Visa issued by a foreign consulate. I had filed for renewal before the expiration. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Will there be premium processing for GC EAD as well? 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 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. 2023 VisaNation, Inc. All Rights Reserved. USCIS has shared a new term called cycle time. . 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. Its still a long waiting period. This bill contained provisions for H-4 visas to make the process simpler. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Will the premium processing for EAD also include L2 EAD? Most probably, early next year, USCIS will start premium processing for H4 EAD. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Sorry for that. 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. 4. 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. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Replace Green Card (I-90 Form) 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. You can return home and perform temporary work in your home country. Change US Consulate interview location on DS-160 after Submission? Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. The first and most viable solution is to obtain a work visa yourself. Therefore, as of today, you cannot premium process your H4 EAD. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Get all 3 approved in 15 days using premium. The premium processing fee for H4 visa extensions and change of status(COS) using form I-539 form is going to be $1,750, The premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. . any updates after the new govt is in power now? Due to their constraints and budget issues, USCIS is implementing the premium Processing in a phased manner and not implementing all the forms in FY 2022. Fee varies from $1500-$2500. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. There is no concrete date given yet. 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. 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. Request a confidential consultation today. Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Regulatory . SHARE . As noted in the rule's preamble: . See the below screenshot for both H4 and H4 EAD premium processing details. Investments arent considered employment. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. USCIS responded by implementing an automatic 180-day extension to H4 EAD. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. 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. This will incur an H-4 EAD visa fee of $410. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. Unfortunately, you will be responsible for all H-4 fees. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. Therefore, as of today, you cannot premium process your H-4 EAD. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. So there is no need to worry about having your petition rejected on that account. 116-159 . Hello @Anil_Gupta , Thanks for your prompt response. USCIS will expand premium processing for Forms I-539 (application to change/extend status), I-765 (application for employment authorization) and I-140 (immigrant petition for alien work) as soon . Proposed Filing Fee Increases. You must release your work exclusively through a company outside of the United States. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. 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. A number of documents are necessary when demonstrating proof of eligibility. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. I recently renewed my green card EAD; the first EAD card expired on 04/2019. Request a confidential consultation today. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. that, as long as you are still eligible for employment under the H-4 visa (meaning that your H-1B spouse still has an I-140 petition approved with the USCIS), then you can file a new I-765 form within 180 days of your EADs expiration. 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? 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. Birth certificate with photo ID. This may have been misleading to some H4 EAD holders who believed they were a part of that group. These are just some questions that may or may not appear in your interview. 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 will consider requests to expedite the processing of certain documents if the circumstances are severe. You are not permitted to work with an ITIN number. 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. To qualify for an EB-1, you need to be an outstanding researcher or professor or you must be an executive or manager in a multinational company. View Profile. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. As an H4 visa recipient, your visa isnt considered work-related. 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. But its still good news for us. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on 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. 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. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. At present, there is no option for H4 EAD extension premium processing. The Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications. The H-4 EAD premium processing takes about two weeks. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . The premium processing time for H4 EAD application cannot exceed 30 days. Official identification issued by the government. Could you please comment on this one. Although, this did not extend to H4 benefits. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Wait for your Social Security card to arrive (takes about 5-6 weeks). It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. 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). An Alternative to Premium Processing: Submit an Expedite . How long does a Request for Evidence take? Contact Us. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. USCIS processing times for L2 EAD (Employment Authorization Document) . They may raise RFE for H4 EAD and request copy of I-94 or they may simply approve it based on electronic record of updated I-94 in their system. Please comment on this one. what time line we can expect to use premium processing option? During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. USCIS H4 EAD Premium Processing. Although the bill was passed, its provisions were never implemented. Hello Anil, I couldnt find a way to post a new message here. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. The requirements are as follows: The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved. A copy of Form I-94 showing admission of H-4 status. EB2 Priority Date; USCIS Form Processing Times; NVC Case Status; Priority Dates; H1B Premium Processing; Breaking Down the Credit Score; Passport Books versus Passport Cards; U.S . 4. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. 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. You can check service center H4 EAD processing times here. Hi, will there be a 60-day comment period post publication of the rule in the federal register? If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. EB1-C i-140 premium to start in 2022. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. Signed by President on 1st October. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. Good news for families of foreign nationals working in the US! If for whatever reason the USCIS revokes this petition, you would not qualify. They have to now wait for another 3 years to see any daylight. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. Any situations not addressed below should be addressed with a qualified immigration attorney. Big changes announced by USCIS. EB1-C i-140 premium to start in 2022. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Premium processing benefits have been extended to other forms. H-4 visa spouses need an EAD to work in the United States and contribute to their household. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Any new updates on H4, H4 EAD premium processing? These are their internal goals which are quite ambitious given the current pathetic situation. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. This provision will be effective after USCIS completes the regulatory process. Unfortunately, premium processing is not available for Form I-765. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. A copy of your last EAD. This would violate the EAD rules. 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. You can craft things to sell, collect inventory, and even build a website for your self-employment venture while youre waiting for your EAD, but you cannot accept any form of payment for goods or services until your EAD arrives. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. You can check service center H4 EAD, Evidence of a bona fide relationship (i.e., marriage certificate), Additional details regarding the requirements can be found, I-765 Application for Employment Authorization. Refer to your receipt notice to find your form, category, and office. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . USCIS Processing Times Visa Approvals Rates Login. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. The bill included provisions for extensions, changes of status, and work authorization. It is not advisable to file more than 180 days before this date. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! Once OMB approves it. 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. As of January 2017, the USCIS is providing a. to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. 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. While this is faster than any other visa processing related to immigration, let alone just H-1B, we need to look at why the USCIS takes a lot of time to process documents. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. 4. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. 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, In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. Q. Once approved, the B2 visitor visa extension should be processed in under 30 days. If youre a hobby baker who makes cakes for friends or family or makes clothes or crafts to sell online, you still need an EAD to do it. It is not advisable to file more than 180 days before this date. To get the H4 and EAD approval quickly, do this: File H1B extension/transfer/Change of status, H4, and H4 EAD in the same package (at the same time). Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . No, not possible at the moment. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. 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. 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). Unfortunately, H4 EADs cannot be premium processed. The premium processing clock would only commence after the. Why US Visa Status on CEAC says Refused for 221g ? 5. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. 3. 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. The premium processing fee for all I-765 applications will be under $1,750. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. 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%. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. 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. 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. Thanks. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . Just file a new I-765 along with the filing fee to replace your card. File it now, and it will be approved before premium processing is implemented. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. This added unnecessary delays and increased processing time by up to 2 years. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. If you have not filed your Form I-907, or have . In Washington federal court, H-4 and L-2 spouses are continuing their fight to . Copy of your marriage certificate. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. USCIS will consider expediting requests for people who work in cultural or religious nonprofit roles, people who work for or in the interest of the U.S. government, and people who are critical, key workers in their workplace. 2023 AM22Tech| Youre still working in your home country. I dont see anything anywhere. Below is our H4 visa EAD FAQ series based on information released by USCIS. The maximum fee and processing time for EB-1C (multinational executives and managers) would be $2500 and 45 days respectively.The change of status to F, J, and M fees will be a maximum of $1750 and will be processed within 30 days.The extension or change of status to E, H, L, O, P, or R, will carry a cost of $1750 and the processing should be completed within 30 days.The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days. Processing times vary from center to center, but H-4 EAD usually takes a while to process. Thanks. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions.
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