Hello Anil, firstly thanks for posting great information. 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. We now wait for DHS. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. It is set to be $1,500 USD as per regulation. 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. Looking for U.S. government information and services? Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. Pay one Premium fee for H1B, H4, EAD by filing together? 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. RedBus2US.com 2010 - 2023, All Rights Reserved. It can be a tricky situation if you want to work outside the country without an EAD. It can take approx. If for whatever reason the USCIS revokes this petition, you would not qualify. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. 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 VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. The new card is valid from Jan 2023 till Jan 2025. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. 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 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. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. The first and most viable solution is to obtain a work visa yourself. Will there be premium processing for GC EAD as well? Share sensitive information only on official, secure websites. After a long wait, finally, on March 30th, 2022, DHS. 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 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 . So youll like to have around 1 year for H4 EAD to be approved. 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. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. If you were to help others make investments or engage in Forex trading, you would technically be working. . Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. What's New on VisaGrader? We will update here if new information is made available for this. 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. | It is unclear whether the H4 biometric requirement is going away. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. 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. It is also a violation of your nonimmigrant status. As noted in the rule's preamble: . This website is not sponsored or associated with any particular linked entity unless so stated. 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). 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. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. 2. However, the situation is different for the H-4. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. It may take few months at least. However, since then both the cases havent moved any further. So is it a problem only for new EAD applications? Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. [ 67] Biometric Appointment in Premium Processing Cases? USCIS will also provide premium processing option for H4 EAD applicants. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. Theyre misleading you and likely taking advantage of you. 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 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. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. 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. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. 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. If you leave the country and want to reenter you must have a valid passport and H-4 nonimmigrant visa (or another travel document) with you. Official identification issued by the government. Divyendu, Yes, H4 EAD will also start in FY 2025. They are prioritizing F1 OPT for Form I-765 in FY 2022. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. 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. Your H-4 visa status is tied to your H-1B spouses status. 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. 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. Each . In Washington federal court, H-4 and L-2 spouses are continuing their fight to . Any update on it ? Your personal information is protected by our Privacy Policy. This shows how difficult it is to move the dinosaur named USCIS. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. 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. 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. 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. | 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. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. 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. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. This added unnecessary delays and increased processing time by up to 2 years. An Alter. Thanks. Request a confidential consultation today. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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. The cost of goods and services is rapidly rising in America due to unchecked inflation. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. . You will see the status say, sent for printing. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. Does anyone know if this is a Interim Rule or Direct Final 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. Working without an EAD is illegal. Wait for your date to become current 6. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. Premium processing benefits have been extended to other forms. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. We expect the announcement to be made in 7-10 days after the president signs it. Therefore, as of today, you cannot premium process your H-4 EAD. Approve of premium processing for H4 EAD NOW! H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. 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 . Will the premium processing for EAD also include L2 EAD? 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. Save my name, email, and website in this browser for the next time I comment. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. 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. This is much better than filing court litigations or losing a job. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. 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. Any situations not addressed below should be addressed with a qualified immigration attorney. Hello Anil, I couldnt find a way to post a new message here. i485 EAD processing time is 2 to 6 months at the National benefits center. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. As of now waiting for Perm, will file I140 in premium. Speak with your immigration attorney to learn how you can best approach your interview. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. 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 . 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. 4. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. 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. So, I used the reply option. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Employment authorization is incorporated into the visa itself, even for spouses. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. The bill was signed into law by president on Oct 1, 2020. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Once OMB approves it. Is my understanding right. USCIS has acknowledged that their backlog of applications to be processed is significant. Processing time 15 to 45 days. It will have to wait in line with all the other applications or petitions of the same type to be processed in the order it was received. 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 fee for H4 EAD using form I-765 form is going to be $1,500. 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. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Topics. It is not a priority for Trump Administration. You can see a line-by-line breakdown of the individual components of this in the chart further down. After approval, it takes another ten days to get approval notice by mail, and approx. The fee is going up by over $1,000. Visa issued by a foreign consulate. Dropbox ? Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. This is because the USCIS could potentially send a request for additional information or a. There is no official information available from USCIS yet. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. 6. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. When will this good news go into effect? EB1-C i-140 premium to start in 2022. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. To deny a work permit for a LEGAL . 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. I fear my wife is going to lose her job since EAD expires end of October. Processing times vary from center to center, but H-4 EAD usually takes a while to process. Other EAD categories (not H4) are eligible for the 180-day extension. How long have you and your spouse been married? How much time will it take to make it a law? N-400: Application for Naturalization; Useful Info. A key worker is someone whose employment makes the normal operation of a workplace possible. USCIS processes the petition, which can take several months. 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. 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 .

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