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. USCIS processes the premium processing request and makes a decision on the application. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Thanks. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. Hi Anil, Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . Often, you may be feeling the pain of long processing times. Signed by President on 1st October. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. 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. 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. January 23, 2023. Any update on it ? Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. USCIS H4 EAD Premium Processing. You need to be at the screening location at the scheduled date and time. It is set to be $1,750 USD as per regulation. This temporary increase in the auto-extension period will end on Oct 26, 2023. 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. Request a confidential consultation today. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. The applicant then pays the premium processing fee. Its best practice to respond as early as possible and discuss it with your immigration attorney. 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. 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. This is done the way that you would get a renewed card. 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. The group urged the administration to make it a policy to allow for concurrent processing of H-1B/H-4 applications when filed together, implement premium processing for H-4 and H-4 EAD . The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. 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. Unfortunately, premium processing is not available for Form I-765. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. 2. Basically, the outdated immigration system is forcing you to spend the money either by paying a premium fee or paying lawyers for filing court cases. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Neither your employer nor your spouses employer is obligated to pay them. 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. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. USCIS has shared a new term called cycle time. The good news is that USCIS has just released an updated H4 EAD processing time. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. Dropbox ? This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. All forms of employment require an EAD. Here is a breakdown of the new USCIS premium processing time and fees. We expect the announcement to be made in 7-10 days after the president signs it. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Processing times for Form I-526 are typically based on an analysis of the . Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. USCIS will also provide premium processing option for H4 EAD applicants. Replace Green Card (I-90 Form) So youll like to have around 1 year for H4 EAD to be approved. 2023 AM22Tech| Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. The USCIS says on its site 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. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. View Profile. 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. They have a thorough knowledge of the H-1B process and this new EAD rule. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. Regulatory . Terms of Service Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. . You can raise a request after 75 days to get the latest update. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. 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. (213) 376-3107. how long it take effective ? EB1-C i-140 premium to start in 2022. Any idea when this will in effect. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. However, the situation is different for the H-4. Hi, will there be a 60-day comment period post publication of the rule in the federal register? It is not advisable to file more than 180 days before this date. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. . However, there are stipulations to the rule that must be taken into consideration when applying. 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. Processing time 15 to 45 days. 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. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. Citizenship and Immigration Services (USCIS), H.R.8337 116th Congress (2019-2020): Continuing Appropriations Act, 2021 and Other Extensions Act | Congress.Gov, Automatic Employment Authorization Document (EAD) Extension | 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. 2023 AM22Tech| If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today. 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? This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. 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). Looking for U.S. government information and services? Hello Anil, I couldnt find a way to post a new message here. 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. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. For example, the I-129 H-1B filing . See the below timeline for additional details. 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. How long have you and your spouse been married? an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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.. 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. | Official identification issued by the government. The H4 EAD application fee is $410. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. EB1-C i-140 premium to start in 2022. I dont see anything anywhere. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. 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. 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. Conclusion As the lawmakers note, the USCIS could charge up to $1,400 for each application, and this revenue could pay for the additional expense of having to expedite the processing of these cases. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . H4 EAD holders were upset with unreasonable processing times and took USCIS to court. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. Working without an EAD is illegal. Thanks. You are not permitted to work with an ITIN number. 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. 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. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Below is our H4 visa EAD FAQ series based on information released by USCIS. There is no guarantee that USCIS will expedite your EAD processing once you ask. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Just file a new I-765 along with the filing fee to replace your card. Official websites use .gov This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny. USCIS hasproposedsubstantial government filing fee increases for 2023. Fee varies from $1500-$2500. A reputable employer would never offer to employ you without an EAD. 5. 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. . I had filed for renewal before the expiration. Citizenship and Immigration Services (USCIS) final rule that would expand premium processing to include additional case types has cleared the Office of Management and Budget, putting it closer to publication and implementation. Website. 4. Refer to your receipt notice to find your form, category, and office. When slow EAD processing times began threatening peoples ability to exist in the United States, USCIS issued the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants. Select your form, form category, and the office that is processing your case. . First, the principal. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. However, since then both the cases havent moved any further. What's worse, if concurrently filing the H-4 EAD renewal . Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Just saw this status for the bill. 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). The final regulation in federal register is effective from May 31st, 2022. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. N-400: Application for Naturalization; Useful Info. Contact us for help today. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. Complete Guide to the H4 Visa in the U.S. Will the premium processing for EAD also include L2 EAD? 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. 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. . L2 EAD. In order to qualify for employment authorization documents, there are two main criteria. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. 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. USCIS Processing Times Visa Approvals Rates Login. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. The only way to get employment authorization, in this case, is to already have H-4 status. 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. 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. what time line we can expect to use premium processing option? As noted in the rule's preamble: . 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. The bill included provisions for extensions, changes of status, and work authorization. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. You can return home and perform temporary work in your home country. As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. 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. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. It is planned to be implemented by FY 2025. Your H-4 visa status is tied to your H-1B spouses status. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. 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. What Will H-4 EAD Premium Processing Cost? Unfortunately, H4 EADs cannot be premium processed. She will lose job in another 2 months. 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 . So, I used the reply option. Therefore, as of today, you cannot premium process your H-4 EAD. I recently renewed my green card EAD; the first EAD card expired on 04/2019. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. 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. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . The below article tracks the latest news updates on the same with the timeline of events, current status. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. 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. Pay one Premium fee for H1B, H4, EAD by filing together? You definitely clarified my doubt. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. It can be a tricky situation if you want to work outside the country without an EAD. However, they may do so if they choose EAD. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. See the timeline and screenshots. 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. 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. Change US Consulate interview location on DS-160 after Submission? 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. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. 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. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. 5. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. 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. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. This is because the USCIS could potentially send a request for additional information or a. So there is no need to worry about having your petition rejected on that account. An Alter. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. The H-1B visa holder must have a status . 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. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. 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. OMB review is the last step in the rulemaking process before U.S. The premium processing clock, when someone. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. This will incur an H-4 EAD visa fee of $410. any updates after the new govt is in power now? The EAD, or Employment Authorization Document, makes it legal for people who dont have permanent resident status or visas that authorize employment to work in the United States. If you file separately, then this rule wont apply. "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 . Youre still working in your home country. A number of documents are necessary when demonstrating proof of eligibility. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Speak with your immigration attorney to learn how you can best approach your interview. What does that mean? 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. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. 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. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. Big changes announced by USCIS. 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. These are just some questions that may or may not appear in your interview. So is it a problem only for new EAD applications? The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. H-4 visa spouses need an EAD to work in the United States and contribute to their household. 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. As per the final rule published (29 Mar 2022), USCIS will NOT be able . The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. 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. Dont accept any job offers from people who can tell you that you can work without an EAD. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. The fee will vary from $1500 to $2500 for other types of applications. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . 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. H4 EAD PP is not being implemented in near future. Below are the screenshots of the official text in the regulation that talks about it. 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. Theyre misleading you and likely taking advantage of you. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. The text of the rule is not yet available. USCIS processes the petition, which can take several months. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months.

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