This will incur an H-4 EAD visa fee of $410. RedBus2US.com 2010 - 2023, All Rights Reserved. It can take approx. The cost of goods and services is rapidly rising in America due to unchecked inflation. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. 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. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. No. 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. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . No, not possible at the moment. 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. Visa Interview ? On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Request a confidential consultation today. Secure .gov websites use HTTPS 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. [ 67] The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. If for whatever reason the USCIS revokes this petition, you would not qualify. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. Fifteen days to get EAD card. What's worse, if concurrently filing the H-4 EAD renewal . Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. 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. 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. We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. 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. 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 premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . 1. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. How much time will it take to make it a law? SHARE . While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Wait times for processing can be long, which puts strain on families who need both spouses to work. Q. For example, the I-129 H-1B filing . If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. USCIS processes the premium processing request and makes a decision on the application. As of now, we do not have the text published for the same. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. An Alternative to Premium Processing: Submit an Expedite . 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. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. Your H-4 visa status is tied to your H-1B spouses status. Website. 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. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. Youre still working in your home country. H4 EAD Premium Processing And 2022 Visa Application Guide. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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. 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. Pay one Premium fee for H1B, H4, EAD by filing together? Q. This is done the way that you would get a renewed card. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. So does this also mean that if anyone has to extend H4+EAD the fees are expected to be total $1750+$1500 and the duration be 30+30 total days? If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. 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 move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. USCIS H4 EAD Premium Processing. Theyll each have different information that would be relevant to your situation. how long it take effective ? How long have you and your spouse been married? The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. This fee increase applies to all categories that have premium processing before August 1, 2020. You can check service center H4 EAD processing times here. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . Therefore, you. N-400: Application for Naturalization; Useful Info. 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. To deny a work permit for a LEGAL . This is much better than filing court litigations or losing a job. 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. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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). According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. All forms of employment require an EAD. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Employment Authorization for Certain H-4 Dependent Spouses | U.S. 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. 3. Below is our H4 visa EAD FAQ series based on information released by USCIS. (213) 376-3107. 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. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. You can raise a request after 75 days to get the latest update. 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 company you hold a contract with might be able to refer you to a U.S.-based tax attorney with experience working for the company. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. 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. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. It is set to be $1,500 USD as per regulation. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. Unfortunately, you will be responsible for all H-4 fees. . 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. However, since then both the cases havent moved any further. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. You definitely clarified my doubt. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. The applicant then pays the premium processing fee. Working without an EAD is illegal. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 2023 Cohen, Tucker & Ades P.C. Not sure which option is right for you? 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. Youll need: Additional details regarding the requirements can be found here. Processing time 15 to 45 days. Please comment on this one. DHS hopes to have H-4 EAD premium processing available by the year 2025. An Alter. Could you please comment on this one. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. Since the H-4 visa is a nonimmigrant visa, you dont have a direct method to adjust your status to lawful permanent resident with a green card. Your personal information is protected by our Privacy Policy. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. We expect the announcement to be made in 7-10 days after the president signs it. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. Change US Consulate interview location on DS-160 after Submission? If you have not filed your Form I-907, or have . 2023 AM22Tech| Fortunately, this is not a one-time opportunity. But, implementation of the same is going to be by FY 2025. Carl Michael Shusterman. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. 4. 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. Sorry for that. 2023 VisaNation, Inc. All Rights Reserved. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. 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. No. USCIS hasproposedsubstantial government filing fee increases for 2023. 4. Investments arent considered employment. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. Processing times vary from center to center, but H-4 EAD usually takes a while to process. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. Divyendu, Yes, H4 EAD will also start in FY 2025. USCIS will post the text for public inspection at least a day before the rule is officially published. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. Q. Here is a breakdown of the new USCIS premium processing time and fees. 2023 AM22Tech| 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. 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. . 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 . 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. There are many factors that go into the H-1B processing time including whether your spouses petition is cap-subject or cap-exempt, how busy the USCIS service center is, whether your spouse used premium processing. This rule applies to people whose H-4 EAD is pending. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . 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. Hi Anil, 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. 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. USCIS responded by implementing an automatic 180-day extension to H4 EAD. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. 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. Employment authorization is incorporated into the visa itself, even for spouses. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. Proposed Filing Fee Increases. 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). 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. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. 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). What does that mean? You will need a physical card per I9 compliance to work. Thank you so much for the explanations! The premium processing fee for all I-765 applications will be under $1,750. USCIS may be willing to expedite certain EAD documents under emergency circumstances as long as the H-4 EAD was filed properly and in a timely manner. 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 going up by over $1,000. A U.S. 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 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. USCIS processing times for L2 EAD (Employment Authorization Document) . The bill was signed into law by president on Oct 1, 2020. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been 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. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. or even an H-1B visa yourself. 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. Big changes announced by USCIS. As of January 2017, the USCIS is providing a. to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. 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. The H4 EAD application fee is $410. These are their internal goals which are quite ambitious given the current pathetic situation. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Any luck on your side? We will update here if new information is made available for this. 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. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. This will incur an H-4 EAD visa fee of $410. 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. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. However, they may do so if they choose EAD. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. 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 . This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. The job you are filling must be permanent and not seasonal. USCIS has acknowledged that their backlog of applications to be processed is significant. How long does it take once USCIS approves my H4 EAD before I receive a card? 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. No, they said that they will start implementing it for new filing starting Jan 25. Copy of your marriage certificate. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. You are not permitted to work with an ITIN number. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. This temporary increase in the auto-extension period will end on Oct 26, 2023. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . Likewise, the EAD expiration date will be when your H-4 status expires. Any update when will this be implemented , it is pending since oct 2020. Many households need two incomes in order to make ends meet. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. Does that jeopardize H4 EAD or my H1B transfer? L. No. Once approved, the EAD will be processed in under 30 days. Fee varies from $1500-$2500. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 5. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. We do not have the date on when this will be effective. USCIS will no longer accept previous editions of this form. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). If approved, USCIS sends an approval notice to the applicant. 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). H4 Employment Authorization Document (EAD) I Forms. Official websites use .gov 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. 4. Save my name, email, and website in this browser for the next time I comment. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. It is set to be $1,750 USD as per regulation. USCIS reviews the application and makes a decision. The regulations state that your H1B spouse needs to just have an approved I-140. 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. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Once OMB approves it. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. What Will H-4 EAD Premium Processing Cost? Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. If youre a creative professional, like an author or a musician, you probably work with a record label or a publishing house that pays you for your work. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Any idea when OMB will process this request. Refer to your receipt notice to find your form, category, and office. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. 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. This added unnecessary delays and increased processing time by up to 2 years. 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. 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. WASHINGTON Today, U.S. 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, getting an H4 can be a complex process. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. 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. They have a thorough knowledge of the H-1B process and this new EAD rule. Its best practice to respond as early as possible and discuss it with your immigration attorney. OMB review is the last step in the rulemaking process before U.S. 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. 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.