USCIS to process H1B, H4, EAD together starting Jan 25, 2023. There is no concrete date given yet. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. 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. 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. Yes, you can. Copy of your marriage certificate. 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. 2. 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? 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. What Is Premium Processing for H4 EAD Through USCIS? H4 & EAD premium processing starting May 31, 2022. The job you are filling must be permanent and not seasonal. Just file a new I-765 along with the filing fee to replace your card. Its connected to your spouses or your parents visa. We now wait for DHS. USCIS has shared a new term called cycle time. 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. Many people wait up to a full year for their documents to be processed. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouses H-1B or green card petitions. Any idea when OMB will process this request. Regulatory . 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. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. Hope my understanding is right. USCIS will post the text for public inspection at least a day before the rule is officially published. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. We will update here if new information is made available for this. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. Website. Fee varies from $1500-$2500. After that, both you and your spouse will be considered out of status and your EAD will be invalid. 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.. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. For more help navigating your unique tax situation, seek the assistance of a tax attorney. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. The H4 EAD category C26 is not eligible for the 180 day automatic extension. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. Q. 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. Once OMB approves it. If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. It is planned to be implemented by FY 2025. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. 2. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Employment Authorization for Certain H-4 Dependent Spouses | U.S. If approved, USCIS sends an approval notice to the applicant. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. You can check service center H4 EAD processing times here. 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. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Immigration Attorney in Los Angeles, CA. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. 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. 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. USCIS Processing Times Visa Approvals Rates Login. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. 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. Again, this provision will be effective only after USCIS completes the regulatory process. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; 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. 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. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. After a long wait, finally, on March 30th, 2022, DHS. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Below are the screenshots that indicate the same. 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. Check your inbox to confirm your email and download the free e-book. 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. This H-4 EAD FAQ series is intended to act as a guideline for filing. As per the final rule published (29 Mar 2022), USCIS will NOT be able . There is no guarantee that USCIS will expedite your EAD processing once you ask. 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. So is it a problem only for new EAD applications? Any idea when this will in effect. 2023 Cohen, Tucker & Ades P.C. So youll like to have around 1 year for H4 EAD to be approved. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. As an H4 visa recipient, your visa isnt considered work-related. Can we expect this to be implemented soon or would it take months for USCIS to implement this? Receiving a request for evidence can surely add time to your case. Im waiting for Perm and will file I140 in premium. Visa Interview ? . Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Any new updates on H4, H4 EAD premium processing? Oct 1, 2020 - President Trump signs Bill HR 8337 into law. a week to ten days to receive your card. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. A .gov website belongs to an official government organization in the United States. 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. This added unnecessary delays and increased processing time by up to 2 years. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. You will see the status say, sent for printing. Biometric Appointment in Premium Processing Cases? Theyll each have different information that would be relevant to your situation. Its best practice to respond as early as possible and discuss it with your immigration attorney. It may take few months at least. A, We need to wait. 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. 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 H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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. 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). This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. You will need a physical card per I9 compliance to work. 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. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. You cant legally work without an EAD unless youre in the United States on a work-specific visa. Investments arent considered employment. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. 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. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. View Profile. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. No. There is no official information available from USCIS yet. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . H4 Employment Authorization Document (EAD) I Forms. Birth certificate with photo ID. Complete Guide to the H4 Visa in the U.S. Once approved, the EAD will be processed in under 30 days. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. Replace Green Card (I-90 Form) If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. H4 EAD. EB2 Priority Date; USCIS Form Processing Times; NVC Case Status; Priority Dates; H1B Premium Processing; Breaking Down the Credit Score; Passport Books versus Passport Cards; U.S . Not sure which option is right for you? Does anyone know if this is a Interim Rule or Direct Final Rule? A year is a very long time to wait for a household that needs additional income to pay the bills. Secure .gov websites use HTTPS 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. (213) 376-3107. Licensed for 49 years. 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. It is called public law 116 159. 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. any updates after the new govt is in power now? H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. The premium processing clock would only commence after the. If you file separately, then this rule wont apply. It can be a tricky situation if you want to work outside the country without an EAD. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. Pay one Premium fee for H1B, H4, EAD by filing together? 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. Could you please comment on this one. H-4 visa spouses need an EAD to work in the United States and contribute to their household. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. 2023 AM22Tech| Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. This rule applies to people whose H-4 EAD is pending. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. USCIS processes the petition, which can take several months. What Will H-4 EAD Premium Processing Cost? 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. 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. Thanks. A U.S. These are just some questions that may or may not appear in your interview. In order to qualify for employment authorization documents, there are two main criteria. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. So there is no need to worry about having your petition rejected on that account. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). The H-1B visa holder must have a status . However, the general average for the H-4 EAD processing time is around 90 days or 3 months. You definitely clarified my doubt. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 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. 4. The H4 EAD application is filed with USCIS. Therefore, as of today, you cannot premium process your H4 EAD. At the same time, I file for H1B transfer to a new employer. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. Thursday, July 8, 2021. The H4 EAD application fee is $410. The H-4 EAD premium processing takes about two weeks. 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. January 23, 2023. USCIS hasproposedsubstantial government filing fee increases for 2023.
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