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. USCIS premium processing will NOT be available for H4, EAD until FY 2025. The cost of goods and services is rapidly rising in America due to unchecked inflation. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. This H-4 EAD FAQ series is intended to act as a guideline for filing. Many people wait up to a full year for their documents to be processed. Yes, you can. 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 . How much time will it take to make it a law? The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. Premium processing benefits have been extended to other forms. H-1B visa approvals surge to 97% in fiscal 2021. This website is a public resource of general information which is intended, but not promised or guaranteed, to be complete, accurate, and up-to-date. The good news is that USCIS has just released an updated H4 EAD processing time. 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. The Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. H4 EAD Premium Processing And 2022 Visa Application Guide. If you have not filed your Form I-907, or have . Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. Unfortunately, premium processing is not available for Form I-765. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. 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. 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. 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. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. RN Law group reached court settlement. The job you are filling must be permanent and not seasonal. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. . So youll like to have around 1 year for H4 EAD to be approved. You can check service center H4 EAD processing times here. How long does it take once USCIS approves my H4 EAD before I receive a card? A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. The first and most viable solution is to obtain a work visa yourself. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Avvo Rating: 10. A year is a very long time to wait for a household that needs additional income to pay the bills. Processing time 15 to 45 days. 4. If you file separately, then this rule wont apply. The bill included provisions for extensions, changes of status, and work authorization. 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. So is it a problem only for new EAD applications? The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Visa Interview ? NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. 11-year Top Contributor. USCIS hasproposedsubstantial government filing fee increases for 2023. We will update this page as soon as we get any concrete information. Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 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. If for whatever reason the USCIS revokes this petition, you would not qualify. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 from October 2020 to September this year was 97.3%. 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. Many households need two incomes in order to make ends meet. The premium processing time for H4 EAD application cannot exceed 30 days. 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. 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. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. See the timeline and screenshots. But, implementation of the same is going to be by FY 2025. 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. Thanks. 2023 AM22Tech| 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). It will be part of future phases of rollout of premium processing for forms I-539 and I-765. H4 Employment Authorization Document (EAD) I Forms. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Any new updates on H4, H4 EAD premium processing? USCIS will post the text for public inspection at least a day before the rule is officially published. how long it take effective ? This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. A reputable employer would never offer to employ you without an EAD. An Alter. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. You cannot release it independently while youre in the US. You need to be at the screening location at the scheduled date and time. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. I am thinking of upgrading my h1 to premium processing .. so is there any way USCIS also approve H1 with H4 in premium processing thought we havent filed together read more 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). Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. H4 EAD. How to Check US Visa Status Online? The H4 EAD application fee is $410. There is no concrete date given yet. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. Alternatively, your spouse can attempt to change his or her nonimmigrant status to a visa that permits spouses to work such as the O or E class visas. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. It can take approx. This may have been misleading to some H4 EAD holders who believed they were a part of that group. Check your inbox to confirm your email and download the free e-book. Proposed Filing Fee Increases. 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. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. To deny a work permit for a LEGAL . Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. L. No. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. The H-4 EAD premium processing takes about two weeks. At the same time, I file for H1B transfer to a new employer. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 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. Immigration Attorney in Los Angeles, CA. Pay one Premium fee for H1B, H4, EAD by filing together? 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). [ 67] I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . Read: USCIS opens H-1B registration for FY 2023 on March 1 (January 29, 2022) Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 . Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . 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. However, there are stipulations to the rule that must be taken into consideration when applying. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. The premium processing service will set you back $1,500. 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. Although, this did not extend to H4 benefits. 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 . What's New on VisaGrader? USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. L2 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 consultation. 5. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. This provision will be effective after USCIS completes the regulatory process. It is not a priority for Trump Administration. It is called public law 116 159. The premium processing time for H4 visa using Form I-539 will be 30 Days. The Cohen, Tucker & Ades law firm are compassionate and detail-oriented immigration lawyers who have spent the past 40 years helping immigrants live their lives in America. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. 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. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. 3. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six. Will there be premium processing for GC EAD as well? As noted in the rule's preamble: . Employment authorization is incorporated into the visa itself, even for spouses. This is done the way that you would get a renewed card. 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 . 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. 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. File it now, and it will be approved before premium processing is implemented. The premium processing time for H4 visa using Form I-539 will be 30 Days. It can have serious consequences for you and serious consequences for the person who employs you. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. Hello Anil, firstly thanks for posting great information. First, the principal. 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. The H4 EAD application is filed with USCIS. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. 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. However, the situation is different for the H-4. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. We do not have the date on when this will be effective. They have a thorough knowledge of the H-1B process and this new EAD rule. If you have an H4 visa and want to start working immediately, you might be interested in how long it takes to get an EAD. This would violate the EAD rules. At present, there is no option for H4 EAD extension premium processing. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Official identification issued by the government. | or even an H-1B visa yourself. The fee will vary from $1500 to $2500 for other types of applications. So there is no need to worry about having your petition rejected on that account. Save my name, email, and website in this browser for the next time I comment. Share sensitive information only on official, secure websites. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. For example, the I-129 H-1B filing . 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. This will incur an H-4 EAD visa fee of $410. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. Speak with your immigration attorney to learn how you can best approach your interview. You can see a line-by-line breakdown of the individual components of this in the chart further down. It can be a tricky situation if you want to work outside the country without an EAD. How long have you and your spouse been married? I had filed for renewal before the expiration. Theyre misleading you and likely taking advantage of you. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. 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. Hello Anil, I couldnt find a way to post a new message here. N-400: Application for Naturalization; Useful Info. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? Contact us for help today. What is the processing time for H4? To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. A, We need to wait. If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today. Dont accept any job offers from people who can tell you that you can work without an EAD. Any update when will this be implemented , it is pending since oct 2020. 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. It was with the Office of Management and Budget (OMB) for a long time until February 2022. The H4 EAD category C26 is not eligible for the 180 day automatic extension. What Will H-4 EAD Premium Processing Cost? Please comment on this one. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. This added unnecessary delays and increased processing time by up to 2 years. . Your relationship to the H-1B immigrant. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. 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). See the below screenshot for both H4 and H4 EAD premium processing details. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Signed by President on 1st October. Complete Guide to the H4 Visa in the U.S. Copy of your passport. There is no official information available from USCIS yet. 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. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. This website is not sponsored or associated with any particular linked entity unless so stated. 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 has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. 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. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 3. This is much better than filing court litigations or losing a job. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. Terms of Service 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. If approved, USCIS sends an approval notice to the applicant. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. 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.. 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. Will the premium processing for EAD also include L2 EAD? 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. 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). https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing The settlement was specifically to return to concurrent adjudication when filed together. Conclusion Big winners are H-4 spouses. The rule codifies premium processing fees and adjudication timeframes provided by Congress. 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. It is set to be $1,500 USD as per regulation. Once approved, the EAD will be processed in under 30 days. EB1-C i-140 premium to start in 2022. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. The premium processing fee for all I-765 applications will be under $1,750. 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. 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 .