447 reviews. Any situations not addressed below should be addressed with a qualified immigration attorney. The H-4 EAD premium processing takes about two weeks. 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. 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. While this is faster than any other visa processing related to immigration, let alone just H-1B, we need to look at why the USCIS takes a lot of time to process documents. | 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 It is not advisable to file more than 180 days before this date. 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 H4 EAD Premium Processing. Wait for your date to become current 6. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. Is my understanding right. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. Sorry for that. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Thursday, July 8, 2021. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. 2023 VisaNation, Inc. All Rights Reserved. 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. View Profile. Non-immigrants working in this country heavily rely on work authorization to exist in the United States, and many of them also rely on their spouses income. 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. 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. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . The USCIS provided a 540-day auto-extension based on the renewal application. What is the processing time for H4? 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. 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. Most probably, early next year, USCIS will start premium processing for H4 EAD. Check your inbox to confirm your email and download the free e-book. Many households need two incomes in order to make ends meet. DHS hopes to have H-4 EAD premium processing available by the year 2025. Wait for your Social Security card to arrive (takes about 5-6 weeks). Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Big winners are H-4 spouses. Any update when will this be implemented , it is pending since oct 2020. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. You cannot release it independently while youre in the US. It is not a priority for Trump Administration. 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. They have plans to implement premium processing, but the plans arent immediate. 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. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. I dont see anything anywhere. Here is a breakdown of the new USCIS premium processing time and fees. The premium processing time for H4 visa using Form I-539 will be 30 Days. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Immigration Attorney in Los Angeles, CA. 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? 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. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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 . On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. I had filed for renewal before the expiration. . 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. Could you please comment on this one. 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. Yes. When will this good news go into effect? 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. 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. It can take approx. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. The final regulation in federal register is effective from May 31st, 2022. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. It is planned to be implemented by FY 2025. H-4 visa spouses need an EAD to work in the United States and contribute to their household. Terms of Service H4 EAD holders were upset with unreasonable processing times and took USCIS to court. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. 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.. Just saw this status for the bill. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 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. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . We now wait for DHS. However, the situation is different for the H-4. Looking for U.S. government information and services? Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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. USCIS rules have recently fluctuated for H1B premium processing availability. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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? After that, both you and your spouse will be considered out of status and your EAD will be invalid. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. But its still good news for us. 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. They have a thorough knowledge of the H-1B process and this new EAD rule. 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. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. Complete Guide to the H4 Visa in the U.S. 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. 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 . US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. You can see a line-by-line breakdown of the individual components of this in the chart further down. 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. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. 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. The good news is that USCIS has just released an updated H4 EAD processing time. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. I recently renewed my green card EAD; the first EAD card expired on 04/2019. Below are the screenshots of the official text in the regulation that talks about it. You definitely clarified my doubt. 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. This H-4 EAD FAQ series is intended to act as a guideline for filing. Terms of Service Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Hello Anil, firstly thanks for posting great information. How long does it take once USCIS approves my H4 EAD before I receive a card? Below is our H4 visa EAD FAQ series based on information released by USCIS. The applicant then pays the premium processing fee. 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. At present, there is no option for H4 EAD extension premium processing. USCIS hasproposedsubstantial government filing fee increases for 2023. Unfortunately, premium processing is not available for Form I-765. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. 2023 AM22Tech| So is it a problem only for new EAD applications? 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. Proposed Filing Fee Increases. The fee will vary from $1500 to $2500 for other types of applications. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. A, We need to wait. Copy of your passport. 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. USCIS processes the premium processing request and makes a decision on the application. Biometric Appointment in Premium Processing Cases? WASHINGTON Today, U.S. USCIS has acknowledged that their backlog of applications to be processed is significant. 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. 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. 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. 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. 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. 5. Its still a long waiting period. For more help navigating your unique tax situation, seek the assistance of a tax attorney. 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. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. 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. Hello @Anil_Gupta , Thanks for your prompt response. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. 2023 AM22Tech| Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. They have to now wait for another 3 years to see any daylight. The settlement was specifically to return to concurrent adjudication when filed together. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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 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. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . What's worse, if concurrently filing the H-4 EAD renewal . The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . This provision will be effective after USCIS completes the regulatory process. 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. Likewise, the EAD expiration date will be when your H-4 status expires. Fifteen days to get EAD card. Your personal information is protected by our Privacy Policy. As of now waiting for Perm, will file I140 in premium. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 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). Select your form, form category, and the office that is processing your case. It is called public law 116 159. any updates after the new govt is in power now? The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. Therefore, as of today, you cannot premium process your H4 EAD. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. Request a confidential consultation today. The H4 EAD application fee is $410. 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. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. 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). This shows how difficult it is to move the dinosaur named USCIS. Hello Anil, I couldnt find a way to post a new message here. It is set to be $1,500 USD as per regulation. Therefore, as of today, you cannot premium process your H-4 EAD. H4 EAD PP is not being implemented in near future. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. 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. 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. Does anyone know if this is a Interim Rule or Direct Final Rule? 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. 1. 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. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. 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. Licensed for 49 years. 4. Contact us for help today. Topics. The H-1B visa holder must have a status . Your relationship to the H-1B immigrant. 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. Unfortunately, H4 EADs cannot be premium processed. 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. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . 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). EB1-C i-140 premium to start in 2022. 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. Processing times for Form I-526 are typically based on an analysis of the . USCIS will no longer accept previous editions of this form.