There is no concrete date given yet. Hope my understanding is right. 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. No. Weve received many questions regarding qualifications, documentation required, processing procedures and the. What Will H-4 EAD Premium Processing Cost? 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. 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. H4 & EAD premium processing starting May 31, 2022. WASHINGTON Today, U.S. It is set to be $1,500 USD as per regulation. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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. As of now waiting for Perm, will file I140 in premium. Therefore, you. As per the final rule published (29 Mar 2022), USCIS will NOT be able . USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Official websites use .gov Your personal information is protected by our Privacy Policy. The text of the rule is not yet available. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Therefore, as of today, you cannot premium process your H-4 EAD. So youll like to have around 1 year for H4 EAD to be approved. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Avvo Rating: 10. 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. Terms of Service . 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. What Is Premium Processing for H4 EAD Through USCIS? USCIS has shared a new term called cycle time. 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. 2023 VisaNation, Inc. All Rights Reserved. Birth certificate with photo ID. They have to now wait for another 3 years to see any daylight. Visa Interview ? 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. Hello @Anil_Gupta , Thanks for your prompt response. The new card is valid from Jan 2023 till Jan 2025. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. USCIS rules have recently fluctuated for H1B premium processing availability. A copy of your last EAD. 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. Does that jeopardize H4 EAD or my H1B transfer? This provision will be effective after USCIS completes the regulatory process. How long does a Request for Evidence take? Likewise, the EAD expiration date will be when your H-4 status expires. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Wait times for processing can be long, which puts strain on families who need both spouses to work. 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. 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. OMB review is the last step in the rulemaking process before U.S. 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. 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). The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. This temporary increase in the auto-extension period will end on Oct 26, 2023. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. SHARE . You cannot start a job in the US until you have your EAD. We expect the announcement to be made in 7-10 days after the president signs it. 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). Any situations not addressed below should be addressed with a qualified immigration attorney. The EAD, or Employment Authorization Document, makes it legal for people who dont have permanent resident status or visas that authorize employment to work in the United States. Dropbox ? 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. 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. Biometric Appointment in Premium Processing Cases? 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. As an H4 visa recipient, your visa isnt considered work-related. Wait for your Social Security card to arrive (takes about 5-6 weeks). If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. 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. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. A reputable employer would never offer to employ you without an EAD. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. After that, both you and your spouse will be considered out of status and your EAD will be invalid. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Youre still working in your home country. 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. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. Any update on it ? USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. For example, the I-129 H-1B filing . It is not a priority for Trump Administration. I recently renewed my green card EAD; the first EAD card expired on 04/2019. If you file separately, then this rule wont apply. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. Its best practice to respond as early as possible and discuss it with your immigration attorney. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. Below are the screenshots of the official text in the regulation that talks about it. It can take approx. Unfortunately, premium processing is not available for Form I-765. If for whatever reason the USCIS revokes this petition, you would not qualify. This bill contained provisions for H-4 visas to make the process simpler. Hello Anil, I couldnt find a way to post a new message here. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Hi, will there be a 60-day comment period post publication of the rule in the federal register? This added unnecessary delays and increased processing time by up to 2 years. "USCIS will issue policy guidance that states L-2 spouses are employment authorised, incident to status, and in cooperation with CBP, change the Form I-94, within . However, they may do so if they choose EAD. Will there be premium processing for GC EAD as well? Refer to your receipt notice to find your form, category, and office. The only way to get employment authorization, in this case, is to already have H-4 status. 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. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. This rule applies to people whose H-4 EAD is pending. The USCIS says on its site 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. You can check service center H4 EAD processing times here. Therefore, you must be in the U.S. to apply. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. H-4 visa spouses need an EAD to work in the United States and contribute to their household. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. It is not mentioned in the settlement agreement. 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. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. It is unclear whether the H4 biometric requirement is going away. Can we expect this to be implemented soon or would it take months for USCIS to implement this? USCIS will no longer accept previous editions of this form. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. This would violate the EAD rules. 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. H4 EAD Premium Processing And 2022 Visa Application Guide. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. What's worse, if concurrently filing the H-4 EAD renewal . So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . EB1-C i-140 premium to start in 2022. Official identification issued by the government. Effective May 17, 2021, U.S. Any new updates on H4, H4 EAD premium processing? Fee varies from $1500-$2500. They have a thorough knowledge of the H-1B process and this new EAD rule. Once approved, the EAD will be processed in under 30 days. Thanks. There are a few ways to go about obtaining your green card while on an H-4 visa: Some other nonimmigrant visas allow you to work in the U.S. automatically, such as the O, E, and L class visas. Unfortunately, you will be responsible for all H-4 fees. How long have you and your spouse been married? USCIS processing times for H4 EAD (Employment Authorization Document) Applications. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? 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. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. Copy of your passport. 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. We will update this page as soon as we get any concrete information. In order to qualify for employment authorization documents, there are two main criteria. 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.. Request a confidential consultation today. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. 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. USCIS hasproposedsubstantial government filing fee increases for 2023. Each . Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. Review our. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Once Biden administration takes office, they make take it up. January 23, 2023. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. Hi Anil, USCIS will post the text for public inspection at least a day before the rule is officially published. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. 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. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. 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. 1. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. 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. Im waiting for Perm and will file I140 in premium. 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. 5. Select your form, form category, and the office that is processing your case. See the below screenshot for both H4 and H4 EAD premium processing details. Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. 4. As noted in the rule's preamble: . 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. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . This website is not sponsored or associated with any particular linked entity unless so stated. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. Change US Consulate interview location on DS-160 after Submission? If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. [ 67] This is a hefty sum, but 30 days . 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. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. The premium processing clock would only commence after the. 2023 AM22Tech| If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. However, there are stipulations to the rule that must be taken into consideration when applying. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Save my name, email, and website in this browser for the next time I comment. Q. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Therefore, as of today, you cannot premium process your H4 EAD. If you have not filed your Form I-907, or have . Any idea when this will in effect. H-1B visa approvals surge to 97% in fiscal 2021. She will lose job in another 2 months. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. View Profile. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. It is called public law 116 159. A copy of Form I-94 showing admission of H-4 status. We now wait for DHS. In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. 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. 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. 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. Fee varies from $1500-$2500. See the timeline and screenshots. Receiving a request for evidence can surely add time to your case. As per the final rule published (29 Mar 2022), USCIS will NOT be able to start premium processing for H4 and H4 EAD until 30 Sep 2024. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. 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? These are their internal goals which are quite ambitious given the current pathetic situation. The H4 EAD application fee is $410. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . Your H-4 visa status is tied to your H-1B spouses status. 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. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. 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. Processing times for Form I-526 are typically based on an analysis of the . EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. . 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. This may have been misleading to some H4 EAD holders who believed they were a part of that group. Q. An Alter. Regulatory . The H-1B visa holder must have a status . Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. What's New on VisaGrader? USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. 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. Is my understanding right. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. Just saw this status for the bill. 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. 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. Since the Biden administration took office, they have not acted on implementing this for a long time. Does anyone know if this is a Interim Rule or Direct Final Rule? Copy of your marriage certificate. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. 5. 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. how long it take effective ? The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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 . You will see the status say, sent for printing. 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. 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. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? The premium processing time for H4 visa using Form I-539 will be 30 Days. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. 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. To work in the US, you must first apply for an employment authorization document (EAD). To deny a work permit for a LEGAL . The group urged the administration to make it a policy to allow for concurrent processing of H-1B/H-4 applications when filed together, implement premium processing for H-4 and H-4 EAD . When will this good news go into effect? 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. Your relationship to the H-1B immigrant. The fee will vary from $1500 to $2500 for other types of applications. Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765? This H-4 EAD FAQ series is intended to act as a guideline for filing. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. Thanks. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. No. 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. 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.. An Alternative to Premium Processing: Submit an Expedite . 2023 Cohen, Tucker & Ades P.C. See the below timeline for additional details. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. The premium processing time for H4 EAD application cannot exceed 30 days. Thank you so much for the explanations! 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 . Signed by President on 1st October. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. . 2023 AM22Tech| Proposed Filing Fee Increases. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. Read More. You can raise a request after 75 days to get the latest update. . After a long wait, finally, on March 30th, 2022, DHS. You must release your work exclusively through a company outside of the United States. If you were to help others make investments or engage in Forex trading, you would technically be working. 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.
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