Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? 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. H4 Employment Authorization Document (EAD) I Forms. This fee increase applies to all categories that have premium processing before August 1, 2020. The H-4 EAD premium processing takes about two weeks. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. USCIS will no longer accept previous editions of this form. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Request a confidential consultation today. Fortunately, this is not a one-time opportunity. 11-year Top Contributor. This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny. After that, both you and your spouse will be considered out of status and your EAD will be invalid. Therefore, you. EB1-C i-140 premium to start in 2022. Theyre misleading you and likely taking advantage of you. Although the bill was passed, its provisions were never implemented. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. Request a confidential consultation today. You can raise a request after 75 days to get the latest update. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. The premium processing fee for all I-765 applications will be under $1,750. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. It is called public law 116 159. It can be a tricky situation if you want to work outside the country without an EAD. . The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. 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. 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. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. USCIS Processing Times Visa Approvals Rates Login. A, We need to wait. 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. 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. Q. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . The date of your EAD will, be valid from the date your I-765 is adjudicated or the date in which you acquire H-4 status (whichever is later). 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. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). RN Law group reached court settlement. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. After approval, it takes another ten days to get approval notice by mail, and approx. Below is our H4 visa EAD FAQ series based on information released by USCIS. We will update here if new information is made available for this. Dropbox ? The H4 EAD application is filed with USCIS. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. This rule applies to people whose H-4 EAD is pending. 2023 AM22Tech| However, there are stipulations to the rule that must be taken into consideration when applying. Will the premium processing for EAD also include L2 EAD? It is set to be $1,750 USD as per regulation. Not sure which option is right for you? The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. January 23, 2023. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Its still a long waiting period. 2023 VisaNation, Inc. All Rights Reserved. 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. 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. See the below timeline for additional details. This is done the way that you would get a renewed card. Many households need two incomes in order to make ends meet. There is no concrete date given yet. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. However, since then both the cases havent moved any further. You can see a line-by-line breakdown of the individual components of this in the chart further down. 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. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. Any luck on your side? Looking for U.S. government information and services? Get all 3 approved in 15 days using premium. The USCIS Stabilization Act set new fees for premium processing of immigration benefit requests that had been designated for premium processing as of August 1, 2020, and expanded DHS authority to establish and collect new premium processing fees, and to use those additional funds for expanded purposes. . Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. EB1-C i-140 premium to start in 2022. It may take few months at least. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. USCIS processes the premium processing request and makes a decision on the application. Refer to your receipt notice to find your form, category, and office. You will see the status say, sent for printing. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. Thanks. 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. However, getting an H4 can be a complex process. USCIS will also provide premium processing option for H4 EAD applicants. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. Investments arent considered employment. | You may even be able to work remotely for that company from the United States if the situation meets certain criteria. See the timeline and screenshots. 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. Fee varies from $1500-$2500. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. 447 reviews. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. This bill contained provisions for H-4 visas to make the process simpler. The premium processing time for H4 visa using Form I-539 will be 30 Days. They have a thorough knowledge of the H-1B process and this new EAD rule. In a situation like that, you need to know what your alternatives are. 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. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. The fee will vary from $1500 to $2500 for other types of applications. It is not a priority for Trump Administration. 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. 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). Big winners are H-4 spouses. 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. 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. But its still good news for us. 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. Effective May 17, 2021, U.S. 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. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Please comment on this one. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. Its connected to your spouses or your parents visa. 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. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. 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. Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. Birth certificate with photo ID. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. Neither your employer nor your spouses employer is obligated to pay them. 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. Unfortunately, H4 EADs cannot be premium processed. Below are the screenshots of the official text in the regulation that talks about it. 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. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Regulatory . However, the H-4 EAD premium processing will decrease the wait time to just 30 days! Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. Any updates on H4 EAD premium processing? See the below screenshot for both H4 and H4 EAD premium processing details. 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. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. Does that jeopardize H4 EAD or my H1B transfer? Terms of Service Fee varies from $1500-$2500. So youll like to have around 1 year for H4 EAD to be approved. I-140: The new fee is $2500 and the processing time is 15 . 5. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. Employment authorization is incorporated into the visa itself, even for spouses. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. 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). It is not advisable to file more than 180 days before this date. In order to qualify for employment authorization documents, there are two main criteria. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. N-400: Application for Naturalization; Useful Info. . Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. 4. I had filed for renewal before the expiration. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. 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. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. 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. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. 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 The fee for H4 EAD cannot exceed $1,500 USD as per Congress. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. You must release your work exclusively through a company outside of the United States. An Alternative to Premium Processing: Submit an Expedite . You can now just pay the money instead of begging for timely approval of your EAD. There is no guarantee that USCIS will expedite your EAD processing once you ask. This may have been misleading to some H4 EAD holders who believed they were a part of that group. 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. 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. What does that mean? Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. Copy of your marriage certificate. i485 EAD processing time is 2 to 6 months at the National benefits center. Once Biden administration takes office, they make take it up. For more help navigating your unique tax situation, seek the assistance of a tax attorney. Therefore, you must be in the U.S. to apply. The below article tracks the latest news updates on the same with the timeline of events, current status. So is it a problem only for new EAD applications? 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. Below are the screenshots that indicate the same. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. USCIS H4 EAD Premium Processing. 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. H4 EAD PP is not being implemented in near future. | Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. 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. 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. Q. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. Signed by President on 1st October. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS will post the text for public inspection at least a day before the rule is officially published. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. This is because the USCIS could potentially send a request for additional information or a. 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. The premium processing clock, when someone. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Divyendu, Yes, H4 EAD will also start in FY 2025. 3. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. 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. 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.