How long does it take once USCIS approves my H4 EAD before I receive a card? Visa issued by a foreign consulate. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. The text of the rule is not yet available. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. Processing time 15 to 45 days. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Signed by President on 1st October. . H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. 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). To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. No. It may take few months at least. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. As per the final rule published (29 Mar 2022), USCIS will NOT be able . You may even be able to work remotely for that company from the United States if the situation meets certain criteria. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. Most probably, early next year, USCIS will start premium processing for H4 EAD. How long does a Request for Evidence take? The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . 116-159 . To deny a work permit for a LEGAL . USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on 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. A .gov website belongs to an official government organization in the United States. 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. . 11-year Top Contributor. Theyll each have different information that would be relevant to your situation. 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. 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. H4 EAD Premium Processing News - Planned for FY 2025, Fee $1500 USCIS will no longer accept previous editions of this form. Will the premium processing for EAD also include L2 EAD? Investments arent considered employment. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. 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. Below are the screenshots that indicate the same. H-4 EAD Frequently Asked Questions (FAQ) - Adhikari Law PLLC USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. However, there are stipulations to the rule that must be taken into consideration when applying. A year is a very long time to wait for a household that needs additional income to pay the bills. According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 from October 2020 to September this year was 97.3%. Get all 3 approved in 15 days using premium. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. 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. The H4 EAD category C26 is not eligible for the 180 day automatic extension. We now wait for DHS. 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. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. a week to ten days to receive your card. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Unfortunately, H4 EADs cannot be premium processed. 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. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. 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. 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 premium processing clock would only commence after the. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. Please comment on this one. 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. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. It is called public law 116 159. 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. H-4 Visa in 2023 | Processing Time, EAD Work Permit, Application Pay one Premium fee for H1B, H4, EAD by filing together? The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. Many households need two incomes in order to make ends meet. View Profile. 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.. Hello Anil, firstly thanks for posting great information. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. So there is no need to worry about having your petition rejected on that account. They have plans to implement premium processing, but the plans arent immediate. For more help navigating your unique tax situation, seek the assistance of a tax attorney. All requests are considered on a case-by-case basis. You can see a line-by-line breakdown of the individual components of this in the chart further down. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. 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. So, I used the reply option. 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. What Will H-4 EAD Premium Processing Cost? Yes, you can. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Thanks. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. Theyre misleading you and likely taking advantage of you. However, since then both the cases havent moved any further. National ID document with photo. What is the processing time for H4? 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. If you need to file an H-4 EAD, theres no sense in waiting. USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim 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). The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. The below article tracks the latest news updates on the same with the timeline of events, current status. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. Thanks. 4. USCIS premium processing will NOT be available for H4, EAD until FY 2025. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. Coming Soon - Premium Processing For H-4 EAD - Path2USA USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. i485 EAD processing time is 2 to 6 months at the National benefits center. h1b filing fees uscis - Changing-stories.org This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. Inordinate delay in processing of H-4 work - Times of India USCIS Issues Immigration Rule To Expand Premium Processing - Forbes This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. 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. 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. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. 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 . Any idea when this will in effect. Visas. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. Hello @Anil_Gupta , Thanks for your prompt response. Learn more by scheduling a consultation today! 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 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. Wait for your Social Security card to arrive (takes about 5-6 weeks). Once OMB approves it. I-140: The new fee is $2500 and the processing time is 15 . The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. Its still a long waiting period. 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. File H1B transfer while H4EAD pending with USCIS - TruVisa 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. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . You cannot release it independently while youre in the US. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Fee varies from $1500-$2500. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Just saw this status for the bill. Approve of premium processing for H4 EAD NOW! You will see the status say, sent for printing. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. We do not have the date on when this will be effective. 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). Copy of your marriage certificate. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. 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. A number of documents are necessary when demonstrating proof of eligibility. H4 & EAD premium processing starting May 31, 2022. Dont accept any job offers from people who can tell you that you can work without an EAD. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. 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 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. Effective May 17, 2021, U.S. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! H4 EAD Premium Processing - Facts, News Updates, And More Is premium processing available for H4 EAD? How to Check US Visa Status Online? While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. They are prioritizing F1 OPT for Form I-765 in FY 2022. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. A, We need to wait. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. 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. Again, this provision will be effective only after USCIS completes the regulatory process. 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. . Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . | 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 USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. SuperVisas on LinkedIn: USCIS Update: Settlement Agreement - USCIS to No, not possible at the moment. SHARE . The regulations state that your H1B spouse needs to just have an approved I-140. If for whatever reason the USCIS revokes this petition, you would not qualify. Contact Us. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. When will this good news go into effect? But its still good news for us. 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. Therefore, as of today, you cannot premium process your H4 EAD. What's New on VisaGrader? I have y wife h4 pending for 4 months. Premium Processing for H-4 Applications, EADs, and More may be - Murthy H4 EAD Premium Processing - Not Available Until 2025 (Sad News Once approved, the B2 visitor visa extension should be processed in under 30 days. 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. 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. 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. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. USCIS H4 EAD Premium Processing. We will update here if new information is made available for this. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. WASHINGTON Today, U.S. At the same time, I file for H1B transfer to a new employer. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing USCIS to Resume Adjudicating H-4/L-2 Status & EAD Requests The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. This website is not sponsored or associated with any particular linked entity unless so stated. how long it take effective ? Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. 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. If you have not filed your Form I-907, or have . 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 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. Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs - Murthy 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. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. The rule codifies premium processing fees and adjudication timeframes provided by Congress. 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. 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. USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. 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. 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. You need to be at the screening location at the scheduled date and time. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . Hello Anil, I couldnt find a way to post a new message here. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. 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 fee will vary from $1500 to $2500 for other types of applications. H4 EAD Premium Processing And 2022 Visa Application Guide. Current USCIS Processing Times by Service Center Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. 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. After approval, it takes another ten days to get approval notice by mail, and approx. 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 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. 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). So there is no need to worry about having your petition rejected on that account. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. 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. 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). AM22Tech - H4 EAD premium processing coming soon - Facebook There is no official information available from USCIS yet. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. A U.S. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. How Early Can I File My H-4 and H-4 EAD Renewals? Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. The premium processing time for H4 visa using Form I-539 will be 30 Days.
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