Learn more by scheduling a consultation today! 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. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. An Alternative to Premium Processing: Submit an Expedite . So, I used the reply option. Update I94 on already applied H4EAD - H4 Visa - RedBus2US Community Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. Contact Us. Current USCIS Processing Times by Service Center 2023 Cohen, Tucker & Ades P.C. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Although, this did not extend to H4 benefits. H-4 EAD Premium Processing Update - Sam Shihab & Associates, LLC USCIS premium processing will NOT be available for H4, EAD until FY 2025. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. In order to qualify for employment authorization documents, there are two main criteria. Biometric Appointment in Premium Processing Cases? So is it a problem only for new EAD applications? This will incur an H-4 EAD visa fee of $410. As noted in the rule's preamble: . If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. 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. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. 5. 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). Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. Any idea when this will in effect. It is set to be $1,750 USD as per regulation. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. Therefore, as of today, you cannot premium process your H-4 EAD. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. They have plans to implement premium processing, but the plans arent immediate. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. The only way to get employment authorization, in this case, is to already have H-4 status. 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. Neither your employer nor your spouses employer is obligated to pay them. H-1B visa approvals surge to 97% in fiscal 2021. Yes, you can. 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. Any updates on H4 EAD premium processing? To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. USCIS will post the text for public inspection at least a day before the rule is officially published. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! 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. However, since then both the cases havent moved any further. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. USCIS responded by implementing an automatic 180-day extension to H4 EAD. 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. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. 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. EB1-C i-140 premium to start in 2022. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. We will update here if new information is made available for this. Hello @Anil_Gupta , Thanks for your prompt response. See the timeline and screenshots. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. 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.. 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. A copy of Form I-94 showing admission of H-4 status. The applicant then pays the premium processing fee. Check your inbox to confirm your email and download the free e-book. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). Pay one Premium fee for H1B, H4, EAD by filing together? During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. You are not permitted to work with an ITIN number. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? SHARE . 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, 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. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. Proposed Filing Fee Increases. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. 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. File it now, and it will be approved before premium processing is implemented. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. H4 EAD: What You Need to Know in 2022 - Ashoori Law After that, both you and your spouse will be considered out of status and your EAD will be invalid. 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 . As per the final rule published (29 Mar 2022), USCIS will NOT be able . 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. This bill contained provisions for H-4 visas to make the process simpler. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Citizenship and Immigration Services (USCIS), H.R.8337 116th Congress (2019-2020): Continuing Appropriations Act, 2021 and Other Extensions Act | Congress.Gov, Automatic Employment Authorization Document (EAD) Extension | USCIS. Youre still working in your home country. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. If approved, USCIS sends an approval notice to the applicant. HR EAD Premium Processing Explained - Cohen, Tucker & Ades While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. 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. No, not possible at the moment. To deny a work permit for a LEGAL . Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. 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. 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. Implementation of the Emergency Stopgap USCIS Stabilization Act H4 Employment Authorization Document (EAD) I Forms. Good news for families of foreign nationals working in the US! 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. 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. Premium Processing for H-4 Applications, EADs, and More may be - Murthy 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. This is much better than filing court litigations or losing a job. 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. Again, this provision will be effective only after USCIS completes the regulatory process. The good news is that USCIS has just released an updated H4 EAD processing time. Employment Authorization for Certain H-4 Dependent Spouses | U.S. A final rule titled Implementation of the Emergency Stopgap USCIS Stabilization Act was published in the Federal Register at 87 FR 18227 (March 30, 2022). The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. 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. Hi Anil, 116-159 . 1356(u)(3)(B), but limited to those conditions and eligibility requirements set forth by Section 4102(b)(1) of the Emergency Stopgap USCIS Stabilization Act, Pub. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. Could you please comment on this one. Prior to March 2019, USCIS's policy was to generally adjudicate I-129 petitions (for H-1 or L-1) at the same time with concurrently-filed I-539 (for H-4 or L-2) and I-765 (for H-4 EAD and L-2 EAD) applications and this policy applied to both regular and premium processing filings. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. USCIS on Twitter View Profile. 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. Will there be premium processing for GC EAD as well? So youll like to have around 1 year for H4 EAD to be approved. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. They have a thorough knowledge of the H-1B process and this new EAD rule. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Your H-4 visa status is tied to your H-1B spouses status. 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. 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. Wait for your Social Security card to arrive (takes about 5-6 weeks). United States: Regulation To Expand USCIS Premium Processing Program Unfortunately, you will be responsible for all H-4 fees. 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. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. The text of the rule is not yet available. Review our. The premium processing clock, when someone. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. There is no concrete date given yet. See the below screenshot for both H4 and H4 EAD premium processing details. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. It may take few months at least. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. However, the situation is different for the H-4. 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. 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. Since the Biden administration took office, they have not acted on implementing this for a long time. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Each . Processing times vary from center to center, but H-4 EAD usually takes a while to process. Other EAD categories (not H4) are eligible for the 180-day extension. This H-4 EAD FAQ series is intended to act as a guideline for filing. You must release your work exclusively through a company outside of the United States. 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. How to Apply for H4 EAD: 15 Steps (with Pictures) - wikiHow USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Hello Anil, firstly thanks for posting great information. When will USCIS start premium processing for H4-EAD? 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. There is no guarantee that USCIS will expedite your EAD processing once you ask. Q. Its connected to your spouses or your parents visa. Often, you may be feeling the pain of long processing times. Copy of your marriage certificate. 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. See the below timeline for additional details. 1. EB1-C i-140 premium to start in 2022. | 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 Any idea when OMB will process this request. 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. It is not mentioned in the settlement agreement. This temporary increase in the auto-extension period will end on Oct 26, 2023. The USCIS provided a 540-day auto-extension based on the renewal application. Unfortunately, premium processing is not available for Form I-765. View Rule - REGINFO.GOV 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. 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. USCIS has shared a new term called cycle time. Hello Anil, I couldnt find a way to post a new message here. This may have been misleading to some H4 EAD holders who believed they were a part of that group. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. Official websites use .gov RN Law group reached court settlement. Once Biden administration takes office, they make take it up. Why US Visa Status on CEAC says Refused for 221g ? 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. H4 EAD Premium Processing And 2022 Visa Application Guide. 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. i485 EAD processing time is 2 to 6 months at the National benefits center. (213) 376-3107. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. It can take approx. 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 can file Form 1-765, along with Form I-539 and the I-129 at the same time. Any update on it ? 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. Im waiting for Perm and will file I140 in premium. Congress Approves Massive I-907 Premium Processing Fee Rise The bill was signed into law by president on Oct 1, 2020. Big changes announced by USCIS. Select your form, form category, and the office that is processing your case. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 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). any updates after the new govt is in power now? 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. . Regulatory . 4. Likewise, the EAD expiration date will be when your H-4 status expires. Save my name, email, and website in this browser for the next time I comment. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. Premium processing only applies to certain forms. Visa Interview ? 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. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . 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 . Is the premium process option available for H4 EAD? - Quora The final regulation in federal register is effective from May 31st, 2022. 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. Please comment on this one. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Read More. It is also a violation of your nonimmigrant status. Visa issued by a foreign consulate. How much time will it take to make it a law? March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Quarles & Brady LLP Attorneys at Law The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. 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. 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 are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. They are prioritizing F1 OPT for Form I-765 in FY 2022. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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). 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. Replace Green Card (I-90 Form) H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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 . Fee varies from $1500-$2500. 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. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS The regulations state that your H1B spouse needs to just have an approved I-140. All requests are considered on a case-by-case basis. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. Wait times for processing can be long, which puts strain on families who need both spouses to work. Fee varies from $1500-$2500. 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. You can return home and perform temporary work in your home country. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Dropbox ? As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Just saw this status for the bill. 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. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. January 23, 2023. This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny. This will incur an H-4 EAD visa fee of $410. 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. After a long wait, finally, on March 30th, 2022, DHS. USCIS H4 EAD Premium Processing. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. A key worker is someone whose employment makes the normal operation of a workplace possible. USCIS will also provide premium processing option for H4 EAD applicants. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. It is planned to be implemented by FY 2025. In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. As of now, we do not have the text published for the same. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. Is Premium Processing Available For H4? - Caniry