Regulatory . Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. any updates after the new govt is in power now? It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. Any idea when this will in effect. How long does a Request for Evidence take? Weve received many questions regarding qualifications, documentation required, processing procedures and the. 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. Q. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. 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 would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. Change US Consulate interview location on DS-160 after Submission? As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Will there be premium processing for GC EAD as well? Pay one Premium fee for H1B, H4, EAD by filing together? 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. 3. We will update here if new information is made available for this. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. I fear my wife is going to lose her job since EAD expires end of October. 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 . USCIS processes the premium processing request and makes a decision on the application. Although, this did not extend to H4 benefits. 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). I recently renewed my green card EAD; the first EAD card expired on 04/2019. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. They have to now wait for another 3 years to see any daylight. Neither your employer nor your spouses employer is obligated to pay them. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. 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. Speak with your immigration attorney to learn how you can best approach your interview. 2. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. 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. For more help navigating your unique tax situation, seek the assistance of a tax attorney. 2. 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. Visas. The job you are filling must be permanent and not seasonal. We do not have the date on when this will be effective. Hello Anil, firstly thanks for posting great information. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. We will update this page as soon as we get any concrete information. It is set to be $1,750 USD as per regulation. Visa issued by a foreign consulate. You will need a physical card per I9 compliance to work. 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. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Processing time 15 to 45 days. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. 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. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. 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. The bill was signed into law by president on Oct 1, 2020. As of now, we do not have the text published for the same. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . 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. It can have serious consequences for you and serious consequences for the person who employs you. Once approved, the EAD will be processed in under 30 days. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. 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. 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. 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. These are their internal goals which are quite ambitious given the current pathetic situation. 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. What's worse, if concurrently filing the H-4 EAD renewal . | Thanks. The EAD, or Employment Authorization Document, makes it legal for people who dont have permanent resident status or visas that authorize employment to work in the United States. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 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. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. It is called public law 116 159. Theyll each have different information that would be relevant to your situation. My current company has filed my H1B extension on October end but recently my spouse has to change his status to H4 and he filed earlier this week. "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 . USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. However, the situation is different for the H-4. 11-year Top Contributor. 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. 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. Therefore, you. Effective May 17, 2021, U.S. A key worker is someone whose employment makes the normal operation of a workplace possible. 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. H4 & EAD premium processing starting May 31, 2022. Thanks. 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). Could you please comment on this one. i485 EAD processing time is 2 to 6 months at the National benefits center. Premium processing only applies to certain forms. Hi Anil, 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. The only way to get employment authorization, in this case, is to already have H-4 status. 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. 2023 AM22Tech| USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. You can raise a request after 75 days to get the latest update. It can be done safely and legally without violating any United States laws, but a lawyer would need to view the circumstances in order for you to be sure youre making the right decisions. Thanks. Does that jeopardize H4 EAD or my H1B transfer? This H-4 EAD FAQ series is intended to act as a guideline for filing. When will this good news go into effect? However, they may do so if they choose EAD. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . 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. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. This is because the USCIS could potentially send a request for additional information or a. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. Any luck on your side? Divyendu, Yes, H4 EAD will also start in FY 2025. This website is a public resource of general information which is intended, but not promised or guaranteed, to be complete, accurate, and up-to-date. The good news is that USCIS has just released an updated H4 EAD processing time. 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. Im waiting for Perm and will file I140 in premium. 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. 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. 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. It is not advisable to file more than 180 days before this date. 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. Oct 16, 2020 - The USCIS issues a press release with the following updates: Premium processing fees for H1B categories have been pushed up to USD 2,500 according to Public Law 116 - 159. You must release your work exclusively through a company outside of the United States. 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). USCIS processing times for H4 EAD (Employment Authorization Document) Applications. To work in the US, you must first apply for an employment authorization document (EAD). 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. 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 . Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . I-140: The new fee is $2500 and the processing time is 15 . You cannot release it independently while youre in the US. 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. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. Select your form, form category, and the office that is processing your case. RedBus2US.com 2010 - 2023, All Rights Reserved. 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. Any new updates on H4, H4 EAD premium processing? But its still good news for us. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. Thursday, July 8, 2021. A, We need to wait. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. Below are the screenshots of the official text in the regulation that talks about it. Terms of Service On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Youre still working in your home country. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. Request a confidential consultation today. See the below screenshot for both H4 and H4 EAD premium processing details. Review our. If the h4 biometric requirement is not removed, we suspect the delays will still be there. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? 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. 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. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Once approved, the B2 visitor visa extension should be processed in under 30 days. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. In a situation like that, you need to know what your alternatives are. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. A U.S. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. 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. The premium processing clock would only commence after the. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. Big changes announced by USCIS. But, implementation of the same is going to be by FY 2025. Fifteen days to get EAD card. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Check your inbox to confirm your email and download the free e-book. The text of the rule is not yet available. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. What is the processing time for H4? Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. 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. Get all 3 approved in 15 days using premium. or even an H-1B visa yourself. 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. Contact Us. 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. Working without an EAD is illegal. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. 2023 Cohen, Tucker & Ades P.C. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . You can check service center H4 EAD processing times here. WASHINGTON Today, U.S. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. This bill contained provisions for H-4 visas to make the process simpler. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! They have a thorough knowledge of the H-1B process and this new EAD rule. 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. Biometric Appointment in Premium Processing Cases? Its connected to your spouses or your parents visa. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. 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. Website. Although the bill was passed, its provisions were never implemented. 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 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. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. a week to ten days to receive your card. The premium processing clock, when someone. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. . Once OMB approves it. A reputable employer would never offer to employ you without an EAD. We expect the announcement to be made in 7-10 days after the president signs it. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Your personal information is protected by our Privacy Policy. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Therefore, as of today, you cannot premium process your H-4 EAD. Its still a long waiting period. You can see a line-by-line breakdown of the individual components of this in the chart further down. Immigration Attorney in Los Angeles, CA. USCIS H4 EAD Premium Processing. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. RN Law group reached court settlement. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. File it now, and it will be approved before premium processing is implemented. Good news for families of foreign nationals working in the US! As of January 2017, the USCIS is providing a. to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. I dont see anything anywhere. 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 . This rule applies to people whose H-4 EAD is pending. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. 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. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. Just saw this status for the bill. 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. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. If you have an H4 visa and want to start working immediately, you might be interested in how long it takes to get an EAD. With that being said, it shouldnt be an issue if it was filed by a previous employer. A year is a very long time to wait for a household that needs additional income to pay the bills. Signed by President on 1st October. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. As noted in the rule's preamble: . H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. Alternatively, your spouse can attempt to change his or her nonimmigrant status to a visa that permits spouses to work such as the O or E class visas. 3. 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. So is it a problem only for new EAD applications? 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). Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. H4 EAD. The premium processing time for H4 visa using Form I-539 will be 30 Days. Processing time 15 to 45 days. We now wait for DHS. 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. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. 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. Employment authorization is incorporated into the visa itself, even for spouses. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. 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. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. Employment Authorization for Certain H-4 Dependent Spouses | U.S. This would violate the EAD rules. . This added unnecessary delays and increased processing time by up to 2 years. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? 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. USCIS premium processing will NOT be available for H4, EAD until FY 2025. This is done the way that you would get a renewed card. EB1-C i-140 premium to start in 2022. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their 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. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? You can now just pay the money instead of begging for timely approval of your EAD. 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. USCIS has shared a new term called cycle time. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Topics. Below is our H4 visa EAD FAQ series based on information released by USCIS. The new card is valid from Jan 2023 till Jan 2025. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. This website is not sponsored or associated with any particular linked entity unless so stated. 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. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. 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. Below are the screenshots that indicate the same. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing 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. 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. 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.