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. Dont accept any job offers from people who can tell you that you can work without an EAD. 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. The premium processing service will set you back $1,500. 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 of the official text in the regulation that talks about it. H4 EAD Premium Processing News - Planned for FY 2025, Fee $1500 This added unnecessary delays and increased processing time by up to 2 years. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. [ 67] Hello Anil, I couldnt find a way to post a new message here. 2023 VisaNation, Inc. All Rights Reserved. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? 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. Below are the screenshots that indicate the same. Can I apply for H1B extension along with h4 change of status and h4 ead Request H1B premium processing - You will get all 3 approvals within 15 calendar days. 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. 3. The fee is going up by over $1,000. Looking for U.S. government information and services? The rule codifies premium processing fees and adjudication timeframes provided by Congress. H4 & EAD premium processing starting May 31, 2022. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. USCIS Premium Processing for H4, L2, EAD. $2500 for H1B - RedBus2US Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS Once Biden administration takes office, they make take it up. However, there are stipulations to the rule that must be taken into consideration when applying. 2023 AM22Tech| Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. You are not permitted to work with an ITIN number. Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.. As noted in the rule's preamble: . This added unnecessary delays and increased processing time by up to 2 years. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. Basically, the outdated immigration system is forcing you to spend the money either by paying a premium fee or paying lawyers for filing court cases. Will there be premium processing for GC EAD as well? As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. Any idea when OMB will process this request. 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. This may have been misleading to some H4 EAD holders who believed they were a part of that group. If your spouse has an approved I-140 filed with the USCIS (which they will need if you are to qualify for an EAD), then you can wait until your spouse obtains their green card so that they can sponsor you for an F2A green card. We will update this page as soon as we get any concrete information. For more help navigating your unique tax situation, seek the assistance of a tax attorney. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. 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. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. How Early Can I File My H-4 and H-4 EAD Renewals? This is a hefty sum, but 30 days . The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Thanks. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on What is the current processing time of application filed in vermont SVC ? Hefty backlogs make processing time longer, and USCIS has a plan to fix that. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. If you were to help others make investments or engage in Forex trading, you would technically be working. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. We will update here if new information is made available for this. However, they may do so if they choose EAD. Website. What is the processing time for H4? Any idea when this will in effect. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. H4 EAD. 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. Again, this provision will be effective only after USCIS completes the regulatory process. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. You must release your work exclusively through a company outside of the United States. This shows how difficult it is to move the dinosaur named USCIS. Can we expect this to be implemented soon or would it take months for USCIS to implement this? It will be part of future phases of rollout of premium processing for forms I-539 and I-765. What Is Premium Processing for H4 EAD Through USCIS? The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. 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. Inordinate delay in processing of H-4 work - Times of India Signed by President on 1st October. Theyre misleading you and likely taking advantage of you. 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? We do not have the date on when this will be effective. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Fee varies from $1500-$2500. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. (213) 376-3107. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. Implementation of the Emergency Stopgap USCIS Stabilization Act Fortunately, this is not a one-time opportunity. They have to now wait for another 3 years to see any daylight. 2023 Cohen, Tucker & Ades P.C. 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. Hope my understanding is right. 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. The premium processing time for H4 visa using Form I-539 will be 30 Days. As of now waiting for Perm, will file I140 in premium. 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. 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. The new card is valid from Jan 2023 till Jan 2025. what time line we can expect to use premium processing option? If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. 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. There is no concrete date given yet. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. 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. 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. 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. No. Therefore, as of today, you cannot premium process your H-4 EAD. 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. I dont see anything anywhere. Unfortunately, premium processing is not available for Form I-765. An Alternative to Premium Processing: Submit an Expedite . Therefore, as of today, you cannot premium process your H4 EAD. 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. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Processing time 15 to 45 days. HR EAD Premium Processing Explained - Cohen, Tucker & Ades To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 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. 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). or even an H-1B visa yourself. A, We need to wait. Avvo Rating: 10. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. 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. 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. All forms of employment require an EAD. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Request a confidential consultation today. You need to be at the screening location at the scheduled date and time. The premium processing fee for all I-765 applications will be under $1,750. I have y wife h4 pending for 4 months. You will need a physical card per I9 compliance to work. Official websites use .gov A .gov website belongs to an official government organization in the United States. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 116-159 . March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. 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. I-140: The new fee is $2500 and the processing time is 15 . Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. How long H4 EAD takes after H4 approval? - Web-Information-Center 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. It is also a violation of your nonimmigrant status. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . Premium processing only applies to certain forms. You can now just pay the money instead of begging for timely approval of your EAD. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. A copy of Form I-94 showing admission of H-4 status. 5. USCIS on Twitter There is no guarantee that USCIS will expedite your EAD processing once you ask. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. Save my name, email, and website in this browser for the next time I comment. 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. 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. So youll like to have around 1 year for H4 EAD to be approved. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. Request a confidential consultation today. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. 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. SuperVisas on LinkedIn: USCIS Update: Settlement Agreement - USCIS to RN Law group reached court settlement. Thanks. H4 EAD Program - Work Permit for Dependents - Donuts The text of the rule is not yet available. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. N-400: Application for Naturalization; Useful Info. 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. 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. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. You definitely clarified my doubt. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. H4 EAD Ultimate Guide & Latest News (March 2023) - India USA Travel Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . Sorry for that. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Does anyone know if this is a Interim Rule or Direct Final Rule? VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . Could you please comment on this one. 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. . 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. Wait for your Social Security card to arrive (takes about 5-6 weeks). After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. 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. USCIS will consider expediting requests for people who work in cultural or religious nonprofit roles, people who work for or in the interest of the U.S. government, and people who are critical, key workers in their workplace. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. However, getting an H4 can be a complex process. If you need to file an H-4 EAD, theres no sense in waiting. 4. What Will H-4 EAD Premium Processing Cost? Investments arent considered employment. It is not advisable to file more than 180 days before this date. This bill contained provisions for H-4 visas to make the process simpler. USCIS Final Rule Implements Premium Processing Provisions of - NAFSA Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). Speak with your immigration attorney to learn how you can best approach your interview. USCIS has shared a new term called cycle time. Hi Anil, The cost of goods and services is rapidly rising in America due to unchecked inflation. 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. Terms of Service Youll need: Additional details regarding the requirements can be found here. 4. Conclusion F4 Visa Application | Reunite with your Sibling | Total Law us visa: US court grants relief for L2, H4 immigrant spouses seeking