Since the Biden administration took office, they have not acted on implementing this for a long time. 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. Biometric Appointment in Premium Processing Cases? All requests are considered on a case-by-case basis. These are just some questions that may or may not appear in your interview. Once OMB approves it. USCIS premium processing will NOT be available for H4, EAD until FY 2025. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. 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. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. 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. It is called public law 116 159. If the company you work for in your home country doesnt have any corporate presence in the United States, youre registered as an employee of that company in your home country and the company deposits the money into your bank account in your home country and in the currency of your home country, you arent working in the United States. Immigration Attorney in Los Angeles, CA. Once Biden administration takes office, they make take it up. 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 Processing Times Visa Approvals Rates Login. Youll need: Additional details regarding the requirements can be found here. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. 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. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. This will incur an H-4 EAD visa fee of $410. Unfortunately, premium processing is not available for Form I-765. Fifteen days to get EAD card. What Is Premium Processing for H4 EAD Through USCIS? The regulations state that your H1B spouse needs to just have an approved I-140. 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. No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. 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. This may have been misleading to some H4 EAD holders who believed they were a part of that group. Replace Green Card (I-90 Form) The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. They have a thorough knowledge of the H-1B process and this new EAD rule. I had filed for renewal before the expiration. Could you please comment on this one. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. Q. 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. 6. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Official identification issued by the government. I am thinking of upgrading my h1 to premium processing .. so is there any way USCIS also approve H1 with H4 in premium processing thought we havent filed together read more 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. 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. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. 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. Therefore, as of today, you cannot premium process your H4 EAD. It was with the Office of Management and Budget (OMB) for a long time until February 2022. 3. This fee increase applies to all categories that have premium processing before August 1, 2020. Get all 3 approved in 15 days using premium. 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. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. For more help navigating your unique tax situation, seek the assistance of a tax attorney. Yes, you can. This provision will be effective after USCIS completes the regulatory process. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. Signed by President on 1st October. 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 an H4 visa recipient, your visa isnt considered work-related. 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. The below article tracks the latest news updates on the same with the timeline of events, current status. With that being said, it shouldnt be an issue if it was filed by a previous employer. Contact Us. You cant legally work without an EAD unless youre in the United States on a work-specific visa. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . Processing times for Form I-526 are typically based on an analysis of the . 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. Fee varies from $1500-$2500. 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. One of the biggest advantages of gaining employment authorization through your H-4 status is having unrestricted work authorization which means you are not limited to a specific employer and can even consider self-employment. USCIS will no longer accept previous editions of this form. You will see the status say, sent for printing. Thursday, July 8, 2021. It will have to wait in line with all the other applications or petitions of the same type to be processed in the order it was received. USCIS rules have recently fluctuated for H1B premium processing availability. Any situations not addressed below should be addressed with a qualified immigration attorney. Complete Guide to the H4 Visa in the U.S. 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. This is much better than filing court litigations or losing a job. There is no concrete date given yet. Unfortunately, you will be responsible for all H-4 fees. But its still good news for us. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. USCIS responded by implementing an automatic 180-day extension to H4 EAD. Refer to your receipt notice to find your form, category, and office. So youll like to have around 1 year for H4 EAD to be approved. The H4 EAD category C26 is not eligible for the 180 day automatic extension. . Sorry for that. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. 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 should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Employment Authorization for Certain H-4 Dependent Spouses | U.S. 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. Copy of your marriage certificate. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Any update on it ? The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. 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 Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Pay one Premium fee for H1B, H4, EAD by filing together? 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. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Processing time 15 to 45 days. 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 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. 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. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Receiving a request for evidence can surely add time to your case. 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. Im waiting for Perm and will file I140 in premium. So is it a problem only for new EAD applications? 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. Its best practice to respond as early as possible and discuss it with your immigration attorney. As of now, we do not have the text published for the same. Official websites use .gov You cannot release it independently while youre in the US. How long have you and your spouse been married? This will incur an H-4 EAD visa fee of $410. A number of documents are necessary when demonstrating proof of eligibility. Any idea when this will in effect. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. a week to ten days to receive your card. These are their internal goals which are quite ambitious given the current pathetic situation. 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. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. [ 67] 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. Q. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. L2 EAD. See the timeline and screenshots. The premium processing fee for all I-765 applications will be under $1,750. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. Readers are responsible for obtaining such advice from their own legal counsel. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. 2023 Cohen, Tucker & Ades P.C. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Visas. Check your inbox to confirm your email and download the free e-book. An Alter. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. 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. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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. 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. Hi Anil, 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. 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. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. Yes. Request a confidential consultation today. USCIS has shared a new term called cycle time. Fee varies from $1500-$2500. Just saw this status for the bill. 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. Conclusion Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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). | US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. The USCIS provided a 540-day auto-extension based on the renewal application. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. 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. USCIS processes the premium processing request and makes a decision on the application. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. 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. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. So there is no need to worry about having your petition rejected on that account. It is not a priority for Trump Administration. Thank you so much for the explanations! 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. 4. You cannot start a job in the US until you have your EAD. Below are the screenshots of the official text in the regulation that talks about it. The premium processing clock would only commence after the. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. A .gov website belongs to an official government organization in the United States. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. The good news is that USCIS has just released an updated H4 EAD processing time. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. Will there be premium processing for GC EAD as well? The job you are filling must be permanent and not seasonal. Carl Michael Shusterman. L. No. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. Licensed for 49 years. 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. 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. Terms of Service 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. Learn more by scheduling a consultation today! USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Working without an EAD is illegal. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. 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. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. 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). The premium processing time for H4 EAD application cannot exceed 30 days. The premium processing time for H4 visa using Form I-539 will be 30 Days. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. 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.