It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . 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). USCIS Final Rule Implements Premium Processing Provisions of - NAFSA 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. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Could you please comment on this one. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. Thanks. 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. They have plans to implement premium processing, but the plans arent immediate. When will this good news go into effect? Website. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . 1. This H-4 EAD FAQ series is intended to act as a guideline for filing. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form . "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 . Premium processing benefits have been extended to other forms. 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. 11-year Top Contributor. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. AM22Tech - H4 EAD premium processing coming soon - Facebook This provision will be effective after USCIS completes the regulatory process. Request a confidential consultation today. When will USCIS start premium processing for H4-EAD? You will see the status say, sent for printing. Why US Visa Status on CEAC says Refused for 221g ? h1b filing fees uscis - Changing-stories.org Q. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. Complete Guide to the H4 Visa in the U.S. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. 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. I have y wife h4 pending for 4 months. The job you are filling must be permanent and not seasonal. They have to now wait for another 3 years to see any daylight. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Will having EAD cards or petition approvals with gaps in the start and The below article tracks the latest news updates on the same with the timeline of events, current status. 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. The H-1B visa holder must have a status . 4. 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. If approved, USCIS sends an approval notice to the applicant. The final regulation in federal register is effective from May 31st, 2022. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. They are prioritizing F1 OPT for Form I-765 in FY 2022. Here is a breakdown of the new USCIS premium processing time and fees. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. 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. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. Youre still working in your home country. Wait for your Social Security card to arrive (takes about 5-6 weeks). What is the processing time for H4? Promise Kept? USCIS Showing Signs of Improving Immigration Processing 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. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Fee varies from $1500-$2500. 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. Non-immigrants working in this country heavily rely on work authorization to exist in the United States, and many of them also rely on their spouses income. USCIS has shared a new term called cycle time. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. Employment authorization is incorporated into the visa itself, even for spouses. The bill was signed into law by president on Oct 1, 2020. 2023 AM22Tech| 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. File it now, and it will be approved before premium processing is implemented. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. The premium processing service will set you back $1,500. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. 4. 3. 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. 5. Replace Green Card (I-90 Form) The good news is that USCIS has just released an updated H4 EAD processing time. Since the Biden administration took office, they have not acted on implementing this for a long time. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Processing time 15 to 45 days. Current USCIS Processing Times by Service Center It is planned to be implemented by FY 2025. COMPLETE guide to H4 EAD Extensions during COVID-19 [2022] - Stilt Blog Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. Carl Michael Shusterman. 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. USCIS rules have recently fluctuated for H1B premium processing availability. This temporary increase in the auto-extension period will end on Oct 26, 2023. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing USCIS H4 EAD Processing Time - Hacking Immigration Law, LLC. USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. VisaGrader.com Fee varies from $1500-$2500. Its still a long waiting period. 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. WASHINGTON Today, U.S. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Save my name, email, and website in this browser for the next time I comment. any updates after the new govt is in power now? I had filed for renewal before the expiration. 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 . Read More. 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. There is no official information available from USCIS yet. Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765? USCIS premium processing will NOT be available for H4, EAD until FY 2025. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. 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. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . EB1-C i-140 premium to start in 2022. Does that jeopardize H4 EAD or my H1B transfer? They may raise RFE for H4 EAD and request copy of I-94 or they may simply approve it based on electronic record of updated I-94 in their system. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Is the premium process option available for H4 EAD? - Quora H4 EAD VISA NEWS - The Economic Times I dont see anything anywhere. What Is Premium Processing for H4 EAD Through USCIS? So there is no need to worry about having your petition rejected on that account. Review our. View Rule - REGINFO.GOV Licensed for 49 years. However, there are stipulations to the rule that must be taken into consideration when applying. A year is a very long time to wait for a household that needs additional income to pay the bills. It is not advisable to file more than 180 days before this date. or even an H-1B visa yourself. | 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 How much time will it take to make it a law? All requests are considered on a case-by-case basis. RN Law group reached court settlement. USCIS processes the petition, which can take several months. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. 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. USCIS to Start Collecting Fee for EB-5 Integrity Fund No, not possible at the moment. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . 6. Its connected to your spouses or your parents visa. If losing you as an employee would cause a workplace to suffer great financial harm or lay off other employees, USCIS may expedite your H-4 EAD request to avoid harming the livelihood of others. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. We will update this page as soon as we get any concrete information. 4. H4 EAD Premium Processing - Facts, News Updates, And More Signed by President on 1st October. Please comment on this one. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. 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. 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. Likewise, the EAD expiration date will be when your H-4 status expires. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. Will the premium processing for EAD also include L2 EAD? Processing times for Form I-526 are typically based on an analysis of the . USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Below are the screenshots that indicate the same. The settlement was specifically to return to concurrent adjudication when filed together. Does anyone know if this is a Interim Rule or Direct Final Rule? This bill contained provisions for H-4 visas to make the process simpler. No. 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. This is a hefty sum, but 30 days . Current EAD Processing Time 2022 - H4, L2, I-485 Green Card - USA (2023) How long H4 EAD takes after H4 approval? - Web-Information-Center Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. The first and most viable solution is to obtain a work visa yourself. The new card is valid from Jan 2023 till Jan 2025. Yes, you can. A reputable employer would never offer to employ you without an EAD. 2023 AM22Tech| Any updates on H4 EAD premium processing? There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. As of now waiting for Perm, will file I140 in premium. Hello Anil, I couldnt find a way to post a new message here. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. How to Apply for H4 EAD: 15 Steps (with Pictures) - wikiHow H4 EAD Ultimate Guide & Latest News (March 2023) - India USA Travel H4 EAD holders were upset with unreasonable processing times and took USCIS to court. Quarles & Brady LLP Attorneys at Law During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. It is not advisable to file more than 180 days before this date. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Therefore, you must be in the U.S. to apply. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. L. No. See the below timeline for additional details. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Therefore, as of today, you cannot premium process your H4 EAD. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . 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. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . You may even be able to work remotely for that company from the United States if the situation meets certain criteria. This added unnecessary delays and increased processing time by up to 2 years. 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. 5. 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 . L2 EAD. 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. 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 may be willing to expedite certain EAD documents under emergency circumstances as long as the H-4 EAD was filed properly and in a timely manner. 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. The USCIS provided a 540-day auto-extension based on the renewal application. USCIS H4 EAD Premium Processing. The Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). Although, this did not extend to H4 benefits. 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. This would violate the EAD rules. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing. Not sure which option is right for you? i485 EAD processing time is 2 to 6 months at the National benefits center. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Once OMB approves it. 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 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. USCIS Announces New Actions to Reduce Backlogs, Expand Premium However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Any idea when OMB will process this request. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. You need an EAD to perform any work inside of the United States, but you arent prohibited from working in any country where youre already authorized to work. USCIS on Twitter Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. This rule applies to people whose H-4 EAD is pending. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. In order to qualify for employment authorization documents, there are two main criteria. See the below screenshot for both H4 and H4 EAD premium processing details. This is much better than filing court litigations or losing a job. The fee is going up by over $1,000. 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. You are not permitted to work with an ITIN number. 2023 VisaNation, Inc. All Rights Reserved. The premium processing time for H4 visa using Form I-539 will be 30 Days. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. HR EAD Premium Processing Explained - Cohen, Tucker & Ades Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. The H4 EAD category C26 is not eligible for the 180 day automatic extension. Below is our H4 visa EAD FAQ series based on information released by USCIS. Thanks. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. 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. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. Coming Soon - Premium Processing For H-4 EAD - Path2USA 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 does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. Effective May 17, 2021, U.S. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. 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. 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. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022.