USCIS processing times for L2 EAD (Employment Authorization Document) . USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. USCIS H4 EAD Premium Processing. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. 2. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . Sorry for that. This fee increase applies to all categories that have premium processing before August 1, 2020. WASHINGTON Today, U.S. They are prioritizing F1 OPT for Form I-765 in FY 2022. A key worker is someone whose employment makes the normal operation of a workplace possible. Once Biden administration takes office, they make take it up. Q. Im waiting for Perm and will file I140 in premium. You can raise a request after 75 days to get the latest update. Unfortunately, you will be responsible for all H-4 fees. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. What is the processing time for H4? 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. USCIS processes the premium processing request and makes a decision on the application. If you file separately, then this rule wont apply. I fear my wife is going to lose her job since EAD expires end of October. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. An Alternative to Premium Processing: Submit an Expedite . You are not permitted to work with an ITIN number. Website. 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. 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. H4 EAD. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. Is premium processing available for H4 EAD? Thanks. Birth certificate with photo ID. USCIS has acknowledged that their backlog of applications to be processed is significant. USCIS has shared a new term called cycle time. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. They have a thorough knowledge of the H-1B process and this new EAD rule. As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. 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. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. So youll like to have around 1 year for H4 EAD to be approved. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. I had filed for renewal before the expiration. Therefore, as of today, you cannot premium process your H4 EAD. The H4 EAD application fee is $410. 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. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. How to Check US Visa Status Online? This added unnecessary delays and increased processing time by up to 2 years. 2023 VisaNation, Inc. All Rights Reserved. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. Any new updates on H4, H4 EAD premium processing? Wait times for processing can be long, which puts strain on families who need both spouses to work. There is no official information available from USCIS yet. 5. 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. The H-1B visa holder must have a status . OMB review is the last step in the rulemaking process before U.S. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. 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. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. USCIS should announce the date of the premium processing service start for the new types of applications soon.The bill has just passed Senate on Sep 30, 2020. There is no guarantee that USCIS will expedite your EAD processing once you ask. SHARE . 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. Avvo Rating: 10. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. At present, there is no option for H4 EAD extension premium processing. 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 will incur an H-4 EAD visa fee of $410. 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. 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. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. The regulations state that your H1B spouse needs to just have an approved I-140. I dont see anything anywhere. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. Big changes announced by USCIS. No, not possible at the moment. 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%. Its connected to your spouses or your parents visa. It is called public law 116 159. 116-159 . 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. You cannot release it independently while youre in the US. No. No. 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? 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. Often, you may be feeling the pain of long processing times. Many people wait up to a full year for their documents to be processed. USCIS will no longer accept previous editions of this form. The applicant then pays the premium processing fee. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. Hello Anil, I couldnt find a way to post a new message here. There is no concrete date given yet. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. As per the final rule published (29 Mar 2022), USCIS will NOT be able . Please comment on this one. So, I used the reply option. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. 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. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Your relationship to the H-1B immigrant. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. H-1B visa approvals surge to 97% in fiscal 2021. Again, this provision will be effective only after USCIS completes the regulatory process. It is not a priority for Trump Administration. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Select your form, form category, and the office that is processing your case. Topics. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. If approved, USCIS sends an approval notice to the applicant. Request a confidential consultation today. This would violate the EAD rules. 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. This is done the way that you would get a renewed card. A number of documents are necessary when demonstrating proof of eligibility. Processing time 15 to 45 days. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. . Any update when will this be implemented , it is pending since oct 2020. 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. What Will H-4 EAD Premium Processing Cost? It is set to be $1,500 USD as per regulation. 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. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. The premium processing time for H4 visa using Form I-539 will be 30 Days. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. How long does a Request for Evidence take? The fee is going up by over $1,000. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. 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. Although, this did not extend to H4 benefits. . The H4 EAD application is filed with USCIS. What's worse, if concurrently filing the H-4 EAD renewal . I recently renewed my green card EAD; the first EAD card expired on 04/2019. Could you please comment on this one. We now wait for DHS. Citizenship and Immigration Services (USCIS) final rule that would expand premium processing to include additional case types has cleared the Office of Management and Budget, putting it closer to publication and implementation. Youre still working in your home country. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. However, they may do so if they choose EAD. It may take few months at least. To qualify for an EB-1, you need to be an outstanding researcher or professor or you must be an executive or manager in a multinational company. . US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. This website is not sponsored or associated with any particular linked entity unless so stated. Any situations not addressed below should be addressed with a qualified immigration attorney. Speak with your immigration attorney to learn how you can best approach your interview. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . 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. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. 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 . As an H4 visa recipient, your visa isnt considered work-related. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Why US Visa Status on CEAC says Refused for 221g ? USCIS will expand premium processing for Forms I-539 (application to change/extend status), I-765 (application for employment authorization) and I-140 (immigrant petition for alien work) as soon . You can see a line-by-line breakdown of the individual components of this in the chart further down. The only way to get employment authorization, in this case, is to already have H-4 status. They have plans to implement premium processing, but the plans arent immediate. The H-4 EAD premium processing takes about two weeks. A .gov website belongs to an official government organization in the United States. The text of the rule is not yet available. Any luck on your side? Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. Once approved, the EAD will be processed in under 30 days. Divyendu, Yes, H4 EAD will also start in FY 2025. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. We expect the announcement to be made in 7-10 days after the president signs it. The bill included provisions for extensions, changes of status, and work 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. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. (213) 376-3107. After a long wait, finally, on March 30th, 2022, DHS. As of now, we do not have the text published for the same. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. | 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 Save my name, email, and website in this browser for the next time I comment. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing The final regulation in federal register is effective from May 31st, 2022. Thanks. One of the biggest advantages of gaining employment authorization through your H-4 status is having unrestricted work authorization which means you are not limited to a specific employer and can even consider self-employment. 4. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. When will this good news go into effect? 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. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. For now, the biometrics requirement has been suspended - but by the time USCIS is implementing the long-awaiting H-4 premium processing, the biometrics requirement will be back and USCIS will continue to have an excuse not to take any action on these cases - even when the applicant is desperately trying to pay them an extra $3,250 to get a decision on these applications within 30 days . Official websites use .gov Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Hello @Anil_Gupta , Thanks for your prompt response. Although the bill was passed, its provisions were never implemented. I-129: The fee does not exceed $2500 and the processing time is 15 calendar days for H-1B, H-2B, E-1/E-2, L-1A/L-1B, O-1, P-1, and TN. Investments arent considered employment. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. 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. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. Youll need: Additional details regarding the requirements can be found here. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. 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 Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . 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.
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