If approved, USCIS sends an approval notice to the applicant. As an H4 visa recipient, your visa isnt considered work-related. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. Once OMB approves it. i485 EAD processing time is 2 to 6 months at the National benefits center. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. It is set to be $1,500 USD as per regulation. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. To work in the US, you must first apply for an employment authorization document (EAD). Unfortunately, premium processing is not available for Form I-765. a week to ten days to receive your card. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. N-400: Application for Naturalization; Useful Info. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. 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 requirements are as follows: The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved. How much time will it take to make it a law? They have a thorough knowledge of the H-1B process and this new EAD rule. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Dont accept any job offers from people who can tell you that you can work without an EAD. 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). Can we expect this to be implemented soon or would it take months for USCIS to implement this? 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. 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. Visa issued by a foreign consulate. Any luck on your side? This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 3. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. This is a welcome step and will provide relief to many who are otherwise at the mercy of the USCIS officers to approve their EAD expedite request. As of now waiting for Perm, will file I140 in premium. National ID document with photo. 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. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Review our. Any idea when OMB will process this request. 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. Therefore, as of today, you cannot premium process your H4 EAD. Thank you so much for the explanations! 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. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. 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. 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. File it now, and it will be approved before premium processing is implemented. We now wait for DHS. You cant legally work without an EAD unless youre in the United States on a work-specific visa. 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. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead 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 Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Youll need: Additional details regarding the requirements can be found here. Any new updates on H4, H4 EAD premium processing? On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Effective May 17, 2021, U.S. Your relationship to the H-1B immigrant. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. Replace Green Card (I-90 Form) 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. How long have you and your spouse been married? After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. As per the final rule published (29 Mar 2022), USCIS will NOT be able . So there is no need to worry about having your petition rejected on that account. Yes, you can. 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. To deny a work permit for a LEGAL . 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. 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, EAD together starting Jan 25, 2023. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. USCIS will no longer accept previous editions of this form. 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. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. Your personal information is protected by our Privacy Policy. Many households need two incomes in order to make ends meet. 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. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. Request a confidential consultation today. . The H-1B visa holder must have a status . Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. Website. 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. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. Since the Biden administration took office, they have not acted on implementing this for a long time. What does that mean? The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. How long does it take once USCIS approves my H4 EAD before I receive a card? 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. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. It was with the Office of Management and Budget (OMB) for a long time until February 2022. 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. If your EAD has expired or will expire within 30 days and youre still waiting on approval, you can call USCIS and request that your application be expedited. This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. This is because the USCIS could potentially send a request for additional information or a. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. It can be a tricky situation if you want to work outside the country without an EAD. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. 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. 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. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . RedBus2US.com 2010 - 2023, All Rights Reserved. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. A U.S. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. No, they said that they will start implementing it for new filing starting Jan 25. Youre still working in your home country. Unfortunately, H4 EADs cannot be premium processed. They are prioritizing F1 OPT for Form I-765 in FY 2022. 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 premium processing fee for all I-765 applications will be under $1,750. Most probably, early next year, USCIS will start premium processing for H4 EAD. Wait times for processing can be long, which puts strain on families who need both spouses to work. All requests are considered on a case-by-case basis. It is set to be $1,750 USD as per regulation. The premium processing time for H4 EAD application cannot exceed 30 days. 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. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. Below is our H4 visa EAD FAQ series based on information released by USCIS. 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. This H-4 EAD FAQ series is intended to act as a guideline for filing. any updates after the new govt is in power now? If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. But its still good news for us. Get all 3 approved in 15 days using premium. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. This H-4 EAD FAQ series is intended to act as a guideline for filing. It is called public law 116 159. 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.. The bill was signed into law by president on Oct 1, 2020. There is no concrete date given yet. 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 . January 23, 2023. 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. Proposed Filing Fee Increases. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. 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. EB1-C i-140 premium to start in 2022. No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. Any update on it ? Until the fiscal year 2025 which starts on Oct 1, 2024, the only viable option would be filing the mandamus lawsuits to make USCIS work for timely approving EADs. Licensed for 49 years. It is not advisable to file more than 180 days before this date. 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. 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. Fee varies from $1500-$2500. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. You can see a line-by-line breakdown of the individual components of this in the chart further down. 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. A .gov website belongs to an official government organization in the United States. A number of documents are necessary when demonstrating proof of eligibility. As of now, we do not have the text published for the same. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. After approval, it takes another ten days to get approval notice by mail, and approx. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. This will incur an H-4 EAD visa fee of $410. USCIS processing times for L2 EAD (Employment Authorization Document) . The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? 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. If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. Is my understanding right. 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. . Any idea when this will in effect. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. The text of the rule is not yet available. 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. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. 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. It may take few months at least. USCIS premium processing will NOT be available for H4, EAD until FY 2025. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . Birth certificate with photo ID. How long does a Request for Evidence take? Below are the screenshots of the official text in the regulation that talks about it. So there is no need to worry about having your petition rejected on that account. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. 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. The premium processing time for H4 visa using Form I-539 will be 30 Days. 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). 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. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. As noted in the rule's preamble: . Read More. The settlement was specifically to return to concurrent adjudication when filed together. 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. 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 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. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. The premium processing service will set you back $1,500. The USCIS provided a 540-day auto-extension based on the renewal application. 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. There is no guarantee that USCIS will expedite your EAD processing once you ask. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. 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. Here is a breakdown of the new USCIS premium processing time and fees. 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. or even an H-1B visa yourself. 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. Q. Improving Access to Employment Authorization Documents, USCIS continues to make progress toward a temporary final rule currently named Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.. Processing time 15 to 45 days. This temporary increase in the auto-extension period will end on Oct 26, 2023. RN Law group reached court settlement. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. 4. See the below timeline for additional details. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. There is no official information available from USCIS yet. You cannot start a job in the US until you have your EAD. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . In order to qualify for employment authorization documents, there are two main criteria. . This shows how difficult it is to move the dinosaur named USCIS. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Theyll each have different information that would be relevant to your situation. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. After a long wait, finally, on March 30th, 2022, DHS. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. 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 . No. L. No. OMB review is the last step in the rulemaking process before U.S. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Thursday, July 8, 2021. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. 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. . 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. | You can check service center H4 EAD processing times here. 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. Divyendu, Yes, H4 EAD will also start in 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. 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 . We expect the announcement to be made in 7-10 days after the president signs it. The H-4 EAD premium processing takes about two weeks. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. You need to be at the screening location at the scheduled date and time. H4 EAD PP is not being implemented in near future. If you need to file an H-4 EAD, theres no sense in waiting. The fee will vary from $1500 to $2500 for other types of applications. Good news for families of foreign nationals working in the US! 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 committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. The H4 EAD application is filed with USCIS.