To work in the US, you must first apply for an employment authorization document (EAD). These are their internal goals which are quite ambitious given the current pathetic situation. The cost of goods and services is rapidly rising in America due to unchecked inflation. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. However, they may do so if they choose EAD. 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. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Fee varies from $1500-$2500. 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. A number of documents are necessary when demonstrating proof of eligibility. Yes, you can. Implementation of the Emergency Stopgap USCIS Stabilization Act Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . COMPLETE guide to H4 EAD Extensions during COVID-19 [2022] - Stilt Blog USCIS to Reinstate Policy Allowing Concurrent Approval of H-1B and H-4 what time line we can expect to use premium processing option? Not sure which option is right for you? Therefore, as of today, you cannot premium process your H-4 EAD. So youll like to have around 1 year for H4 EAD to be approved. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Contact Us. Q. 4. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. For example, the I-129 H-1B filing . Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 I dont see anything anywhere. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. No, they said that they will start implementing it for new filing starting Jan 25. . USCIS will no longer accept previous editions of this form. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. 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. The Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. Replace Green Card (I-90 Form) 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. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Sorry for that. i485 EAD processing time is 2 to 6 months at the National benefits center. How long H4 EAD takes after H4 approval? - Web-Information-Center . Read: USCIS opens H-1B registration for FY 2023 on March 1 (January 29, 2022) Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 . or even an H-1B visa yourself. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. 116-159 . In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Avvo Rating: 10. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. These visas in particular also allow dependents to work in the U.S. Keep in mind that changing ones status can be tricky, especially when you have an approved I-140 pending with the USCIS. There is no official information available from USCIS yet. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. USCIS Final Rule Implements Premium Processing Provisions of - NAFSA OMB review is the last step in the rulemaking process before U.S. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. H4 Employment Authorization Document (EAD) I Forms. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. The H-1B visa holder must have a status . The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . Review our. 2. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. USCIS processes the premium processing request and makes a decision on the application. The premium processing clock, when someone. F4 Visa Application | Reunite with your Sibling | Total Law 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 reviews the application and makes a decision. Other EAD categories (not H4) are eligible for the 180-day extension. This rule applies to people whose H-4 EAD is pending. With that being said, it shouldnt be an issue if it was filed by a previous employer. It is not advisable to file more than 180 days before this date. Any update when will this be implemented , it is pending since oct 2020. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Just saw this status for the bill. us visa: US court grants relief for L2, H4 immigrant spouses seeking The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. USCIS to Start Collecting Fee for EB-5 Integrity Fund 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). This shows how difficult it is to move the dinosaur named USCIS. 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. They are prioritizing F1 OPT for Form I-765 in FY 2022. As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. Processing time 15 to 45 days. 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. h1b filing fees uscis - Changing-stories.org H4 EAD: What You Need to Know in 2022 - Ashoori Law 11-year Top Contributor. 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. Although, this did not extend to H4 benefits. If the h4 biometric requirement is not removed, we suspect the delays will still be there. They have to now wait for another 3 years to see any daylight. 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. 4. 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. Does anyone know if this is a Interim Rule or Direct Final Rule? 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. Any updates on H4 EAD premium processing? 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. I have y wife h4 pending for 4 months. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS Theyll each have different information that would be relevant to your situation. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. Working without an EAD is illegal. Q. VisaGrader.com If you have not filed your Form I-907, or have . Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.. 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. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Licensed for 49 years. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Effective May 17, 2021, U.S. View Rule - REGINFO.GOV You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. USCIS to Resume Adjudicating H-4/L-2 Status & EAD Requests It is set to be $1,500 USD as per regulation. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. 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. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. Divyendu, Yes, H4 EAD will also start in FY 2025. Refer to your receipt notice to find your form, category, and office. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. If you were to help others make investments or engage in Forex trading, you would technically be working. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. The settlement was specifically to return to concurrent adjudication when filed together. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. (213) 376-3107. 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. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. 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. USCIS processes the petition, which can take several months. Just file a new I-765 along with the filing fee to replace your card. It is not a priority for Trump Administration. H4 Employment Authorization Document (EAD) - USCIS Guide You can check service center H4 EAD processing times here. 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. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 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. However, since then both the cases havent moved any further. If for whatever reason the USCIS revokes this petition, you would not qualify. 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. Learn more by scheduling a consultation today! how long it take effective ? H4 EAD Premium Processing And 2022 Visa Application Guide. 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 . This bill contained provisions for H-4 visas to make the process simpler. The premium processing time for H4 visa using Form I-539 will be 30 Days. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Hello @Anil_Gupta , Thanks for your prompt response. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. Premium processing only applies to certain forms. 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. Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. No, not possible at the moment. The bill included provisions for extensions, changes of status, and work authorization. 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. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. Any situations not addressed below should be addressed with a qualified immigration attorney. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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. | 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 Please comment on this one. Hope my understanding is right. It is also a violation of your nonimmigrant status. Any new updates on H4, H4 EAD premium processing? The company you hold a contract with might be able to refer you to a U.S.-based tax attorney with experience working for the company. a week to ten days to receive your card. Fortunately, this is not a one-time opportunity. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. 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. Once Biden administration takes office, they make take it up. Speak with your immigration attorney to learn how you can best approach your interview. "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 . The new card is valid from Jan 2023 till Jan 2025. Is the premium process option available for H4 EAD? - Quora After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. | However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . 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. 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. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Congress Approves Massive I-907 Premium Processing Fee Rise 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. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. We will update this page as soon as we get any concrete information. H4 EAD VISA NEWS - The Economic Times Save my name, email, and website in this browser for the next time I comment. Request a confidential consultation today. Processing time 15 to 45 days. Current EAD Processing Time 2022 - H4, L2, I-485 Green Card - USA (2023) Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? Is my understanding right. File it now, and it will be approved before premium processing is implemented. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. Big winners are H-4 spouses. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. 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. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. What's worse, if concurrently filing the H-4 EAD renewal . Regulatory . HR EAD Premium Processing Explained - Cohen, Tucker & Ades She will lose job in another 2 months. However, there are stipulations to the rule that must be taken into consideration when applying. Official identification issued by the government. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. So there is no need to worry about having your petition rejected on that account. 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 . Investments arent considered employment. Looking for U.S. government information and services? L. No. USCIS Issues Immigration Rule To Expand Premium Processing - Forbes 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). Wait for your date to become current 6. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. Delayed USCIS processing times for H-4 applications will still mean that many individuals with pending H-4 applications will not be able to work past their I-94 expirations even if the automatic EAD extension timeline advances past that timeline. USCIS 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. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the. 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. Carl Michael Shusterman. 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%. Your relationship to the H-1B immigrant. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Will the premium processing for EAD also include L2 EAD? It can have serious consequences for you and serious consequences for the person who employs you. Coming Soon - Premium Processing For H-4 EAD - Path2USA 5. Many people wait up to a full year for their documents to be processed. What Will H-4 EAD Premium Processing Cost? Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. 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 . 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. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. USCIS seeks to include work permits in premium processing A year is a very long time to wait for a household that needs additional income to pay the bills. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. The Cohen, Tucker & Ades law firm are compassionate and detail-oriented immigration lawyers who have spent the past 40 years helping immigrants live their lives in America. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. Promise Kept? USCIS Showing Signs of Improving Immigration Processing 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. USCIS rules have recently fluctuated for H1B premium processing availability. 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. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. 2023 AM22Tech| You need to be at the screening location at the scheduled date and time. You can see a line-by-line breakdown of the individual components of this in the chart further down. USCIS responded by implementing an automatic 180-day extension to H4 EAD. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. As of now waiting for Perm, will file I140 in premium. DHS hopes to have H-4 EAD premium processing available by the year 2025. It may take few months at least. 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.