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. The good news is that USCIS has just released an updated H4 EAD processing time. Theyll each have different information that would be relevant to your situation. . Big winners are H-4 spouses. 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. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. Q. Wait for your date to become current 6. Review our. After a long wait, finally, on March 30th, 2022, DHS. 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. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. WASHINGTON Today, U.S. First, the principal H-1B worker 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). Therefore, you. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. 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. It is not advisable to file more than 180 days before this date. Once Biden administration takes office, they make take it up. Many households need two incomes in order to make ends meet. 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. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. 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. 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). 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. The premium processing fee for current eligible categories such as H1B, L1, I-140 and other categories will be increased to $2,500 USD from $1440 USD. 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. 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. 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. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. This would violate the EAD rules. Topics. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. The premium processing service will set you back $1,500. The H4 EAD application fee is $410. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. "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 . 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. See the below screenshot for both H4 and H4 EAD premium processing details. 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. This shows how difficult it is to move the dinosaur named USCIS. The premium processing time for H4 visa using Form I-539 will be 30 Days. H-4 visa spouses need an EAD to work in the United States and contribute to their household. They have to now wait for another 3 years to see any daylight. Hi, will there be a 60-day comment period post publication of the rule in the federal register? It can have serious consequences for you and serious consequences for the person who employs you. 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. 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. 2. 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). What's worse, if concurrently filing the H-4 EAD renewal . You cannot start a job in the US until you have your EAD. Readers are responsible for obtaining such advice from their own legal counsel. You must release your work exclusively through a company outside of the United States. I-140: The new fee is $2500 and the processing time is 15 . Not sure which option is right for you? Weve received many questions regarding qualifications, documentation required, processing procedures and the. L2 EAD. So there is no need to worry about having your petition rejected on that account. If you need to file an H-4 EAD, theres no sense in waiting. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. 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. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Any situations not addressed below should be addressed with a qualified immigration attorney. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. Thanks. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. Any new updates on H4, H4 EAD premium processing? Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765? 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 . 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. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. RedBus2US.com 2010 - 2023, All Rights Reserved. What Is Premium Processing for H4 EAD Through USCIS? Hi Anil, The regulations state that your H1B spouse needs to just have an approved I-140. Your personal information is protected by our Privacy Policy. The premium processing time for H4 visa using Form I-539 will be 30 Days. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? A copy of Form I-94 showing admission of H-4 status. Carl Michael Shusterman. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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 fee for H4 EAD cannot exceed $1,500 USD as per Congress. Big changes announced by USCIS. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. 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. Good news for families of foreign nationals working in the US! 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. 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 . Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Save my name, email, and website in this browser for the next time I comment. Will there be premium processing for GC EAD as well? For example, the I-129 H-1B filing . National ID document with photo. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. 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. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. How long have you and your spouse been married? USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. any updates after the new govt is in power now? It is not a priority for Trump Administration. Q. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. 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. 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 . As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. USCIS reviews the application and makes a decision. Official websites use .gov 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. You need to be at the screening location at the scheduled date and time. 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. They have plans to implement premium processing, but the plans arent immediate. 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 . 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. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. RN Law group reached court settlement. USCIS will also provide premium processing option for H4 EAD applicants. The below article tracks the latest news updates on the same with the timeline of events, current status. . Q. Fee varies from $1500-$2500. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. | USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Below are the screenshots that indicate the same. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. 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. L. No. These are their internal goals which are quite ambitious given the current pathetic situation. USCIS has acknowledged that their backlog of applications to be processed is significant. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. A copy of your last EAD. Terms of Service Your relationship to the H-1B immigrant. Copy of your passport. No, not possible at the moment. This rule applies to people whose H-4 EAD is pending. Thanks. H4 EAD Premium Processing And 2022 Visa Application Guide. Nothing in this website is to be considered as either creating an attorney-client relationship between the reader and Fragomen or as rendering legal advice for any specific matter. Unfortunately, H4 EADs cannot be premium processed. 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. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. USCIS Processing Times Visa Approvals Rates Login. Delayed USCIS processing times for H-4 applications will still mean that many individuals with pending H-4 applications will not be able to work past their I-94 expirations even if the automatic EAD extension timeline advances past that timeline. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Unfortunately, you will be responsible for all H-4 fees. 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 holders were upset with unreasonable processing times and took USCIS to court. USCIS will no longer accept previous editions of this form. As of now waiting for Perm, will file I140 in premium. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. 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. If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. 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. The premium processing clock would only commence after the. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. 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. You can return home and perform temporary work in your home country. The premium processing fee for all I-765 applications will be under $1,750. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 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 final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. 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. Employment authorization is incorporated into the visa itself, even for spouses. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Select your form, form category, and the office that is processing your case. 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. 4. 6. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. USCIS responded by implementing an automatic 180-day extension to H4 EAD. It is also a violation of your nonimmigrant status. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. This website is not sponsored or associated with any particular linked entity unless so stated. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. She will lose job in another 2 months. 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. Fifteen days to get EAD card. 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. 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.. This added unnecessary delays and increased processing time by up to 2 years. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. USCIS rules have recently fluctuated for H1B premium processing availability. So youll like to have around 1 year for H4 EAD to be approved. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. Non-immigrants working in this country heavily rely on work authorization to exist in the United States, and many of them also rely on their spouses income. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. H-1B visa approvals surge to 97% in fiscal 2021. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. 2. . An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Premium processing only applies to certain forms. I have y wife h4 pending for 4 months. USCIS processes the premium processing request and makes a decision on the application. Visa Interview ? 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. For more help navigating your unique tax situation, seek the assistance of a tax attorney. 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. Once approved, the B2 visitor visa extension should be processed in under 30 days. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. The premium processing time for H4 EAD application cannot exceed 30 days. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . The bill included provisions for extensions, changes of status, and work authorization. Each . So there is no need to worry about having your petition rejected on that account. 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. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. | 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 updates on H4 EAD premium processing? 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. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. Most probably, early next year, USCIS will start premium processing for H4 EAD. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. Looking for U.S. government information and services? 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. When will this good news go into effect? Is my understanding right. Proposed Filing Fee Increases. 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. 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. 2023 AM22Tech| Here is a breakdown of the new USCIS premium processing time and fees. I recently renewed my green card EAD; the first EAD card expired on 04/2019. The first and most viable solution is to obtain a work visa yourself. 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. 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. Since the Biden administration took office, they have not acted on implementing this for a long time. USCIS processes the petition, which can take several months. It can take approx. It is called public law 116 159. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. Any update on it ? Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. 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. In a situation like that, you need to know what your alternatives are. Wait times for processing can be long, which puts strain on families who need both spouses to work. 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. However, since then both the cases havent moved any further. The fee is going up by over $1,000. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020).

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