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 tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. 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. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. 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%. Premium processing benefits have been extended to other forms. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. To work in the US, you must first apply for an employment authorization document (EAD). 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. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. Big changes announced by USCIS. Dont accept any job offers from people who can tell you that you can work without an EAD. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . National ID document with photo. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 6. 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 . Its best practice to respond as early as possible and discuss it with your immigration attorney. 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. i485 EAD processing time is 2 to 6 months at the National benefits center. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. . 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. Refer to your receipt notice to find your form, category, and office. No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. Secure .gov websites use HTTPS H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. Biometric Appointment in Premium Processing Cases? 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. H-4 visa spouses need an EAD to work in the United States and contribute to their household. 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. Speak with your immigration attorney to learn how you can best approach your interview. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. USCIS will no longer accept previous editions of this form. 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. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Official identification issued by the government. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. H4 & EAD premium processing starting May 31, 2022. USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. They have plans to implement premium processing, but the plans arent immediate. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Processing time 15 to 45 days. 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. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. Review our. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. 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. Learn more by scheduling a consultation today! As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Please comment on this one. How long does it take once USCIS approves my H4 EAD before I receive a card? An Alternative to Premium Processing: Submit an Expedite . Therefore, as of today, you cannot premium process your H-4 EAD. Theyll each have different information that would be relevant to your situation. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. 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. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . 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. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. You cannot start a job in the US until you have your EAD. 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. Fee varies from $1500-$2500. 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. Citizenship and Immigration Services (USCIS), H.R.8337 116th Congress (2019-2020): Continuing Appropriations Act, 2021 and Other Extensions Act | Congress.Gov, Automatic Employment Authorization Document (EAD) Extension | USCIS. The premium processing clock, when someone. 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. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. So youll like to have around 1 year for H4 EAD to be approved. You need to be at the screening location at the scheduled date and 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. 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. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. 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. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. DHS hopes to have H-4 EAD premium processing available by the year 2025. Weve received many questions regarding qualifications, documentation required, processing procedures and the. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . 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.. USCIS H4 EAD Premium Processing. USCIS has acknowledged that their backlog of applications to be processed is significant. After approval, it takes another ten days to get approval notice by mail, and approx. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Hello @Anil_Gupta , Thanks for your prompt response. The final regulation in federal register is effective from May 31st, 2022. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. Approve of premium processing for H4 EAD NOW! Yes, you can. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. The H4 EAD application is filed with USCIS. Yes. The premium processing time for H4 visa using Form I-539 will be 30 Days. Therefore, you. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. So, I used the reply option. You must release your work exclusively through a company outside of the United States. 4. Good news for families of foreign nationals working in the US! 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. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. Licensed for 49 years. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. RedBus2US.com 2010 - 2023, All Rights Reserved. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. 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. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? The cost of goods and services is rapidly rising in America due to unchecked inflation. The below article tracks the latest news updates on the same with the timeline of events, current status. It can take approx. Will the premium processing for EAD also include L2 EAD? This provision will be effective after USCIS completes the regulatory process. No, not possible at the moment. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Once approved, the EAD will be processed in under 30 days. You will see the status say, sent for printing. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. 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. [ 67] Does that jeopardize H4 EAD or my H1B transfer? We will update here if new information is made available for this. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Request a confidential consultation today. Employment Authorization for Certain H-4 Dependent Spouses | U.S. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Read More. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. H4 EAD Premium Processing And 2022 Visa Application Guide. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. A, We need to wait. Hello Anil, firstly thanks for posting great information. 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). 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. 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. But its still good news for us. Receiving a request for evidence can surely add time to your case. 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. EB1-C i-140 premium to start in 2022. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. At present, there is no option for H4 EAD extension premium processing. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. 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). A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 1356(u)(3)(B), but limited to those conditions and eligibility requirements set forth by Section 4102(b)(1) of the Emergency Stopgap USCIS Stabilization Act, Pub. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. Complete Guide to the H4 Visa in the U.S. Theyre misleading you and likely taking advantage of you. Thanks. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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. Immigration Attorney in Los Angeles, CA. how long it take effective ? 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. Hello Anil, I couldnt find a way to post a new message here. . The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . 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. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. This H-4 EAD FAQ series is intended to act as a guideline for filing. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. Share sensitive information only on official, secure websites. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. When will this good news go into effect? 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. . 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. 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 . The bill was signed into law by president on Oct 1, 2020. 2023 AM22Tech| 3. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. The Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. 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. Although the bill was passed, its provisions were never implemented. Check your inbox to confirm your email and download the free e-book. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. RN Law group reached court settlement. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. Fee varies from $1500-$2500. 2. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. USCIS Processing Times Visa Approvals Rates Login. For more help navigating your unique tax situation, seek the assistance of a tax attorney. Does anyone know if this is a Interim Rule or Direct Final Rule? Sorry for that. Once approved, the B2 visitor visa extension should be processed in under 30 days. Hope my understanding is right. What's worse, if concurrently filing the H-4 EAD renewal . 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. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! USCIS to process H1B, H4, EAD together starting Jan 25, 2023. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. I am thinking of upgrading my h1 to premium processing .. so is there any way USCIS also approve H1 with H4 in premium processing thought we havent filed together read more The only way to get employment authorization, in this case, is to already have H-4 status. 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. H4 Employment Authorization Document (EAD) I Forms. All requests are considered on a case-by-case basis. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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..