Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? The first and most viable solution is to obtain a work visa yourself. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. 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. A, We need to wait. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. 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. You can see a line-by-line breakdown of the individual components of this in the chart further down. Hi Anil, I fear my wife is going to lose her job since EAD expires end of October. 2023 Cohen, Tucker & Ades P.C. It is called public law 116 159. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. It is planned to be implemented by FY 2025. 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 . It can take approx. Below are the screenshots that indicate the same. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. 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. 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 has acknowledged that their backlog of applications to be processed is significant. Therefore, you. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. H4 EAD Premium Processing And 2022 Visa Application Guide. Although, this did not extend to H4 benefits. It can have serious consequences for you and serious consequences for the person who employs you. This rule applies to people whose H-4 EAD is pending. Is my understanding right. Below are the screenshots of the official text in the regulation that talks about it. 6. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. You cannot release it independently while youre in the US. 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. 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? Wait for your date to become current 6. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. Visa Interview ? If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. 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. You must release your work exclusively through a company outside of 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. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. How to Check US Visa Status Online? 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. What Will H-4 EAD Premium Processing Cost? Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . Once Biden administration takes office, they make take it up. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. The group urged the administration to make it a policy to allow for concurrent processing of H-1B/H-4 applications when filed together, implement premium processing for H-4 and H-4 EAD . The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. The premium processing time for H4 EAD application cannot exceed 30 days. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. She will lose job in another 2 months. The H4 EAD application fee is $410. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. The premium processing clock would only commence after the. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. This H-4 EAD FAQ series is intended to act as a guideline for filing. But its still good news for us. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. However, they may do so if they choose EAD. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. 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. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. It is good to know that they plan to return to 3 month time period for EAD approvals but it is easier said than done as the official processing times on their publicly available page are usually more than 12 months for each service center. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. 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. Q. It may take few months at least. This provision will be effective after USCIS completes the regulatory process. The premium processing time for H4 visa using Form I-539 will be 30 Days. Investments arent considered employment. SHARE . If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. This H-4 EAD FAQ series is intended to act as a guideline for filing. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. No. 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. Secure .gov websites use HTTPS The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Many households need two incomes in order to make ends meet. 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. They have to now wait for another 3 years to see any daylight. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. The premium processing time for H4 visa using Form I-539 will be 30 Days. 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. A year is a very long time to wait for a household that needs additional income to pay the bills. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. (213) 376-3107. USCIS will also provide premium processing option for H4 EAD applicants. It is set to be $1,750 USD as per regulation. 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. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six. 11-year Top Contributor. At present, there is no option for H4 EAD extension premium processing. EB1-C i-140 premium to start in 2022. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. Thanks. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. As of now waiting for Perm, will file I140 in premium. 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. OMB review is the last step in the rulemaking process before U.S. No, they said that they will start implementing it for new filing starting Jan 25. The H4 EAD category C26 is not eligible for the 180 day automatic extension. 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. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. 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. Request a confidential consultation today. 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. Once approved, the B2 visitor visa extension should be processed in under 30 days. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. Sorry for that. Its connected to your spouses or your parents visa. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. 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. Unfortunately, premium processing is not available for Form I-765. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . You will see the status say, sent for printing. USCIS processing times for L2 EAD (Employment Authorization Document) . 5. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . Thank you so much for the explanations! Here is a breakdown of the new USCIS premium processing time and fees. Any update on it ? Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. The applicant then pays the premium processing fee. 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. 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. Check your inbox to confirm your email and download the free e-book. Thanks. A .gov website belongs to an official government organization in the United States. Wait for your Social Security card to arrive (takes about 5-6 weeks). | 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 However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. 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. This fee increase applies to all categories that have premium processing before August 1, 2020. or even an H-1B visa yourself. 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. 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. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. I have y wife h4 pending for 4 months. Visas. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . 2. Will the premium processing for EAD also include L2 EAD? I am thinking of upgrading my h1 to premium processing .. so is there any way USCIS also approve H1 with H4 in premium processing thought we havent filed together read more Yes, you can. This will incur an H-4 EAD visa fee of $410. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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 may have been misleading to some H4 EAD holders who believed they were a part of that group. 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. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. 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. Fortunately, this is not a one-time opportunity. 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. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Just file a new I-765 along with the filing fee to replace your card. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. Terms of Service 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. 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. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. To request premium processing on or after January 30, the Form I-907 (Request for Premium Processing)?version dated November 3, 2022?must be filed. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. To deny a work permit for a LEGAL . Theyll each have different information that would be relevant to your situation. 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. 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. This would violate the EAD rules. 3. However, there are stipulations to the rule that must be taken into consideration when applying. There is no guarantee that USCIS will expedite your EAD processing once you ask. 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. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. 2023 VisaNation, Inc. All Rights Reserved. Official websites use .gov The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. USCIS processes the premium processing request and makes a decision on the application. 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. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. 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. I recently renewed my green card EAD; the first EAD card expired on 04/2019. See the below timeline for additional details. Select your form, form category, and the office that is processing your case. Weve received many questions regarding qualifications, documentation required, processing procedures and the. Hi, will there be a 60-day comment period post publication of the rule in the federal register? Divyendu, Yes, H4 EAD will also start in FY 2025. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. As noted in the rule's preamble: . Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. 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. After a long wait, finally, on March 30th, 2022, DHS. The maximum fee and processing time for EB-1C (multinational executives and managers) would be $2500 and 45 days respectively.The change of status to F, J, and M fees will be a maximum of $1750 and will be processed within 30 days.The extension or change of status to E, H, L, O, P, or R, will carry a cost of $1750 and the processing should be completed within 30 days.The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days. Therefore, you must be in the U.S. to apply. 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. RN Law group reached court settlement. The H-4 EAD premium processing takes about two weeks. 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. 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 H4 EAD Premium Processing. Fifteen days to get EAD card. 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.