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. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. It can have serious consequences for you and serious consequences for the person who employs you. 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. Proposed Filing Fee Increases. But its still good news for us. Avvo Rating: 10. 4. Any update on it ? To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. National ID document with photo. This is because the USCIS could potentially send a request for additional information or a. This H-4 EAD FAQ series is intended to act as a guideline for filing. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. 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. The text of the rule is not yet available. Thank you so much for the explanations! However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. | The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. 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. 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. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. If for whatever reason the USCIS revokes this petition, you would not qualify. It is not a priority for Trump Administration. What does that mean? 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. 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. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. You can request expedited processing if you can demonstrate to USCIS that you would sustain a financial loss or urgent medical situation related to the processing of your H4 EAD status. Yes. There is no guarantee that USCIS will expedite your EAD processing once you ask. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. This will incur an H-4 EAD visa fee of $410. 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. 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 premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . You cannot release it independently while youre in the US. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Secure .gov websites use HTTPS We will update here if new information is made available for this. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. Topics. 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. 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. H4 & EAD premium processing starting May 31, 2022. 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. 4. Why US Visa Status on CEAC says Refused for 221g ? Therefore, as of today, you cannot premium process your H4 EAD. How much time will it take to make it a law? 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. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. 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. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . Employment Authorization for Certain H-4 Dependent Spouses | U.S. 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. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. H4 EAD: What You Need to Know in 2022 - Ashoori Law Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. 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. i485 EAD processing time is 2 to 6 months at the National benefits center. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. Is my understanding right. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. 2023 AM22Tech| To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. 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. Processing times for Form I-526 are typically based on an analysis of the . Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? h1b filing fees uscis - Changing-stories.org The premium processing time for H4 EAD application cannot exceed 30 days. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim No, they said that they will start implementing it for new filing starting Jan 25. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. So there is no need to worry about having your petition rejected on that account. All forms of employment require an EAD. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. Immigration Attorney in Los Angeles, CA. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. There is no official information available from USCIS yet. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Visa Interview ? Wait for your date to become current 6. Each . No, not possible at the moment. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. You can raise a request after 75 days to get the latest update. Many households need two incomes in order to make ends meet. Once approved, the EAD will be processed in under 30 days. 6. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . Request a confidential consultation today. USCIS to Resume Adjudicating H-4/L-2 Status & EAD Requests 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. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. Here is a breakdown of the new USCIS premium processing time and fees. 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). Coming Soon - Premium Processing For H-4 EAD - Path2USA It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. You will need a physical card per I9 compliance to work. Hi Anil, This fee increase applies to all categories that have premium processing before August 1, 2020. Request a confidential consultation today. The applicant then pays the premium processing fee. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. H-4 EAD Frequently Asked Questions (FAQ) - Adhikari Law PLLC View Profile. The premium processing fee for all I-765 applications will be under $1,750. USCIS H4 EAD Premium Processing. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. No. 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. 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. Learn more by scheduling a consultation today! Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Will the premium processing for EAD also include L2 EAD? How long have you and your spouse been married? However, they may do so if they choose EAD. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. 116-159 . OMB review is the last step in the rulemaking process before U.S. USCIS may introduce premium processing for H-1B spouses - Events While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Website. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. They have plans to implement premium processing, but the plans arent immediate. If approved, USCIS sends an approval notice to the applicant. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. What's worse, if concurrently filing the H-4 EAD renewal . Any idea when this will in effect. You can check service center H4 EAD processing times here. Update I94 on already applied H4EAD - H4 Visa - RedBus2US Community How long H4 EAD takes after H4 approval? - Web-Information-Center | Powered by Edge Creative, COHEN, TUCKER & ADES P.C.42 BROADWAY SUITE #310 | NEW YORK | NY | 10004 | UNITED STATES | (212) 840-0050 | INFO@COHENTUCKERLAW.COM 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 . Premium processing only applies to certain forms. It is planned to be implemented by FY 2025. Can we expect this to be implemented soon or would it take months for USCIS to implement this? 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. It is set to be $1,500 USD as per regulation. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. However, since then both the cases havent moved any further. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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. Does anyone know if this is a Interim Rule or Direct Final Rule? . The settlement was specifically to return to concurrent adjudication when filed together. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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. To work in the US, you must first apply for an employment authorization document (EAD). But, implementation of the same is going to be by FY 2025. Save my name, email, and website in this browser for the next time I comment. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. Regulatory . Conclusion 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 final rule titled Implementation of the Emergency Stopgap USCIS Stabilization Act was published in the Federal Register at 87 FR 18227 (March 30, 2022). 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). See the below screenshot for both H4 and H4 EAD premium processing details. The USCIS provided a 540-day auto-extension based on the renewal application. This is done the way that you would get a renewed card. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Get all 3 approved in 15 days using premium. 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. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. Youre still working in your home country. Premium processing benefits have been extended to other forms. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. It was with the Office of Management and Budget (OMB) for a long time until February 2022. The H4 EAD application fee is $410. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. 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). 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. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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. 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. It is not advisable to file more than 180 days before this date. It can take approx. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. any updates after the new govt is in power now? It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. Contact us for help today. Any idea when OMB will process this request. N-400: Application for Naturalization; Useful Info. Is the premium process option available for H4 EAD? - Quora Any situations not addressed below should be addressed with a qualified immigration attorney. 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. Just file a new I-765 along with the filing fee to replace your card. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. In order to qualify for employment authorization documents, there are two main criteria. Processing times vary from center to center, but H-4 EAD usually takes a while to process. Thursday, July 8, 2021. USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 Its best practice to respond as early as possible and discuss it with your immigration attorney. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . Your personal information is protected by our Privacy Policy. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. A number of documents are necessary when demonstrating proof of eligibility. AM22Tech - H4 EAD premium processing coming soon - Facebook VisaGrader.com 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. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. Thanks. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. 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 . The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. This rule applies to people whose H-4 EAD is pending. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. View Rule - REGINFO.GOV Visa issued by a foreign consulate. 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. When someone comes to the United States to work in a specialty occupation with an H1B visa, they have the ability to bring their spouse with them on an H-4 visa. Congress Approves Massive I-907 Premium Processing Fee Rise Updated: Settlement Changes USCIS Recognition Of Work - Mondaq Dropbox ? So youll like to have around 1 year for H4 EAD to be approved. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD. H-1B visa approvals surge to 97% in fiscal 2021. This would violate the EAD rules. EB1-C i-140 premium to start in 2022. After a long wait, finally, on March 30th, 2022, DHS. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. Q. 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. Q. Working without an EAD is illegal. USCIS has acknowledged that their backlog of applications to be processed is significant. H4 Employment Authorization Document (EAD) - USCIS Guide Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. Therefore, you. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. As an H4 visa recipient, your visa isnt considered work-related. As per the final rule published (29 Mar 2022), USCIS will NOT be able . 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. 1356(u)(3)(B), but limited to those conditions and eligibility requirements set forth by Section 4102(b)(1) of the Emergency Stopgap USCIS Stabilization Act, Pub. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. 5. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. us visa: US court grants relief for L2, H4 immigrant spouses seeking (213) 376-3107. Hope my understanding is right. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Likewise, the EAD expiration date will be when your H-4 status expires. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . 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 .