Any updates on H4 EAD premium processing? Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. 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. 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. 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. For example, the I-129 H-1B filing . DHS hopes to have H-4 EAD premium processing available by the year 2025. The text of the rule is not yet available. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. 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. Below are the screenshots of the official text in the regulation that talks about it. At the same time, I file for H1B transfer to a new employer. Through todays actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. Any update when will this be implemented , it is pending since oct 2020. 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. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. In a situation like that, you need to know what your alternatives are. Unfortunately, H4 EADs cannot be premium processed. Is premium processing available for H4 EAD? The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. However, getting an H4 can be a complex process. Q. Just file a new I-765 along with the filing fee to replace your card. any updates after the new govt is in power now? This is because the USCIS could potentially send a request for additional information or a. For more help navigating your unique tax situation, seek the assistance of a tax attorney. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. They are prioritizing F1 OPT for Form I-765 in FY 2022. This rule applies to people whose H-4 EAD is pending. 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. 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. It is planned to be implemented by FY 2025. What Is Premium Processing for H4 EAD Through USCIS? USCIS processes the petition, which can take several months. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Once approved, the B2 visitor visa extension should be processed in under 30 days. The premium processing fee for current eligible categories such as H1B, L1, I-140 and other categories will be increased to $2,500 USD from $1440 USD. How to Check US Visa Status Online? Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. The fee will vary from $1500 to $2500 for other types of applications. This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. USCIS will 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 . Oct 16, 2020 - The USCIS issues a press release with the following updates: Premium processing fees for H1B categories have been pushed up to USD 2,500 according to Public Law 116 - 159. January 23, 2023. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. 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). The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. Therefore, you. A copy of your last EAD. 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. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. What's New on VisaGrader? H4 EAD Premium Processing And 2022 Visa Application Guide. What is the processing time for H4? or even an H-1B visa yourself. 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. 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. An Alternative to Premium Processing: Submit an Expedite . Therefore, as of today, you cannot premium process your H4 EAD. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 2. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Since the Biden administration took office, they have not acted on implementing this for a long time. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. 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. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. No, they said that they will start implementing it for new filing starting Jan 25. Any luck on your side? Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. These are just some questions that may or may not appear in your interview. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. 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. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Biometric Appointment in Premium Processing Cases? Proposed Filing Fee Increases. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Replace Green Card (I-90 Form) It will be part of future phases of rollout of premium processing for forms I-539 and I-765. The premium processing time for H4 visa using Form I-539 will be 30 Days. A number of documents are necessary when demonstrating proof of eligibility. Speak with your immigration attorney to learn how you can best approach your interview. USCIS H4 EAD Premium Processing. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. I have y wife h4 pending for 4 months. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. It is unclear whether the H4 biometric requirement is going away. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. So, I used the reply option. Change US Consulate interview location on DS-160 after Submission? The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. It can take approx. 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 . Immigration Attorney in Los Angeles, CA. No. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. 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. . If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. 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? If you need to file an H-4 EAD, theres no sense in waiting. . Fifteen days to get EAD card. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. Below is our H4 visa EAD FAQ series based on information released by USCIS. Fee varies from $1500-$2500. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . In recent months, USCIS has begin streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers. [ 67] Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. Request a confidential consultation today. i485 EAD processing time is 2 to 6 months at the National benefits center. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. Q. Working without an EAD is illegal. No. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. 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. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. USCIS Processing Times Visa Approvals Rates Login. 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. 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 . 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. You cannot release it independently while youre in the US. However, they may do so if they choose EAD. Does that jeopardize H4 EAD or my H1B transfer? You can see a line-by-line breakdown of the individual components of this in the chart further down. This may have been misleading to some H4 EAD holders who believed they were a part of that group. USCIS hasproposedsubstantial government filing fee increases for 2023. 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. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. 3. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. . 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. Signed by President on 1st October. They have a thorough knowledge of the H-1B process and this new EAD rule. Although, this did not extend to H4 benefits. 4. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. 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. | 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. If you have not filed your Form I-907, or have . According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 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. 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. 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. USCIS should announce the date of the premium processing service start for the new types of applications soon.The bill has just passed Senate on Sep 30, 2020. There is no official information available from USCIS yet. 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. A copy of Form I-94 showing admission of H-4 status. 2. Below are the screenshots that indicate the same. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. A year is a very long time to wait for a household that needs additional income to pay the bills. Each . Its still a long waiting period. 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. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. It is not a priority for Trump Administration. Contact Us. 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. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. So youll like to have around 1 year for H4 EAD to be approved. USCIS responded by implementing an automatic 180-day extension to H4 EAD. In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner. Carl Michael Shusterman. All requests are considered on a case-by-case basis. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . To deny a work permit for a LEGAL . 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. 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. It is set to be $1,500 USD as per regulation. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. Hi Anil, This H-4 EAD FAQ series is intended to act as a guideline for filing. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. H-4 visa spouses need an EAD to work in the United States and contribute to their household. Will there be premium processing for GC EAD as well? To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing Terms of Service 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. Often, you may be feeling the pain of long processing times. Therefore, as of today, you cannot premium process your H-4 EAD. Unfortunately, premium processing is not available for Form I-765. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. It is not mentioned in the settlement agreement. 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%. L2 EAD. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. 2023 AM22Tech| 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. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. First, the principal. 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. H-1B visa approvals surge to 97% in fiscal 2021. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . Thanks. Other EAD categories (not H4) are eligible for the 180-day extension. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. 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. Effective May 17, 2021, U.S. As of now, we do not have the text published for the same. However, since then both the cases havent moved any further. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. We will update this page as soon as we get any concrete information. Fortunately, this is not a one-time opportunity. 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. I dont see anything anywhere. 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. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. In order to qualify for employment authorization documents, there are two main criteria. 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. USCIS reviews the application and makes a decision. Many households need two incomes in order to make ends meet. 4. 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. Fee varies from $1500-$2500. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? 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). Contact us for help today. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Secure .gov websites use HTTPS Processing times vary from center to center, but H-4 EAD usually takes a while to process. See the timeline and screenshots. 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. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Looking for U.S. government information and services? USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. It is also a violation of your nonimmigrant status. Conclusion These are their internal goals which are quite ambitious given the current pathetic situation. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Likewise, the EAD expiration date will be when your H-4 status expires. 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. 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. 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. This is likely due to the pandemic and an increase in requests for immigration benefits as a result of the ongoing conflict in Ukraine and political strife in countries like Haiti and Venezuela. 2023 AM22Tech| 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). Any idea when OMB will process this request. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. The bill included provisions for extensions, changes of status, and work authorization. N-400: Application for Naturalization; Useful Info. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. . You are not permitted to work with an ITIN number. It is set to be $1,750 USD as per regulation. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. 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 remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. You cannot start a job in the US until you have your EAD. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics.
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