This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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. Will there be premium processing for GC EAD as well? USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Thank you so much for the explanations! No, they said that they will start implementing it for new filing starting Jan 25. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. 2. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. Processing times vary from center to center, but H-4 EAD usually takes a while to process. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. 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. 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%. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. You can return home and perform temporary work in your home country. | The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. 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 . Please comment on this one. 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. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. This provision will be effective after USCIS completes the regulatory process. USCIS will consider expediting requests for people who work in cultural or religious nonprofit roles, people who work for or in the interest of the U.S. government, and people who are critical, key workers in their workplace. If losing you as an employee would cause a workplace to suffer great financial harm or lay off other employees, USCIS may expedite your H-4 EAD request to avoid harming the livelihood of others. This is a hefty sum, but 30 days . The rule codifies premium processing fees and adjudication timeframes provided by Congress. Big winners are H-4 spouses. 2023 VisaNation, Inc. All Rights Reserved. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Often, you may be feeling the pain of long processing times. What does that mean? Once Biden administration takes office, they make take it up. This temporary increase in the auto-extension period will end on Oct 26, 2023. Any idea when this will in effect. You can check service center H4 EAD processing times here. Copy of your marriage certificate. 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. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. 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. So, I used the reply option. However, getting an H4 can be a complex process. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . It may take few months at least. When will this good news go into effect? 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. Change US Consulate interview location on DS-160 after Submission? Any situations not addressed below should be addressed with a qualified immigration attorney. OMB review is the last step in the rulemaking process before U.S. A U.S. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. This may have been misleading to some H4 EAD holders who believed they were a part of that group. 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. The premium processing service will set you back $1,500. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. Birth certificate with photo ID. I dont see anything anywhere. 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.. Unfortunately, H4 EADs cannot be premium processed. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Website. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. Once approved, the EAD will be processed in under 30 days. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires. This is much better than filing court litigations or losing a job. This fee increase applies to all categories that have premium processing before August 1, 2020. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Biometric Appointment in Premium Processing Cases? The good news is that USCIS has just released an updated H4 EAD processing time. 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. Unfortunately, premium processing is not available for Form I-765. Employment Authorization for Certain H-4 Dependent Spouses | U.S. or even an H-1B visa yourself. Receiving a request for evidence can surely add time to your case. 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. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Its connected to your spouses or your parents visa. 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. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. Immigration Attorney in Los Angeles, CA. Save my name, email, and website in this browser for the next time I comment. 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. For more help navigating your unique tax situation, seek the assistance of a tax attorney. 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. 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. Dont accept any job offers from people who can tell you that you can work without an EAD. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. 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? Not sure which option is right for you? Any update when will this be implemented , it is pending since oct 2020. 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). We will update this page as soon as we get any concrete information. See the below screenshot for both H4 and H4 EAD premium processing details. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. No. 5. Contact us for help today. The fee will vary from $1500 to $2500 for other types of applications. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 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. For example, the I-129 H-1B filing . Thanks. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Below are the screenshots that indicate the same. They have plans to implement premium processing, but the plans arent immediate. 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. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Just file a new I-765 along with the filing fee to replace your card. Learn more by scheduling a consultation today! Hello Anil, firstly thanks for posting great information. This is because the USCIS could potentially send a request for additional information or a. 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). Readers are responsible for obtaining such advice from their own legal counsel. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. Terms of Service Your relationship to the H-1B immigrant. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. H4 EAD Premium Processing And 2022 Visa Application Guide. This H-4 EAD FAQ series is intended to act as a guideline for filing. Big changes announced by USCIS. These are just some questions that may or may not appear in your interview. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. 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 . What's New on VisaGrader? As of now, we do not have the text published for the same. My current company has filed my H1B extension on October end but recently my spouse has to change his status to H4 and he filed earlier this week. File it now, and it will be approved before premium processing is implemented. A reputable employer would never offer to employ you without an EAD. . Its only applicable if the H4 and/or EAD are applied with H1B at the same time. This shows how difficult it is to move the dinosaur named USCIS. The text of the rule is not yet available. 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. Visa Interview ? i485 EAD processing time is 2 to 6 months at the National benefits center. If the company you work for in your home country doesnt have any corporate presence in the United States, youre registered as an employee of that company in your home country and the company deposits the money into your bank account in your home country and in the currency of your home country, you arent working in the United States. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. It can be a tricky situation if you want to work outside the country without an EAD. 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. There is no official information available from USCIS yet. At the same time, I file for H1B transfer to a new employer. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. 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. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Theyll each have different information that would be relevant to your situation. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. 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. EB1-C i-140 premium to start in 2022. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. 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. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. Contact Us. Wait times for processing can be long, which puts strain on families who need both spouses to work. A key worker is someone whose employment makes the normal operation of a workplace possible. Licensed for 49 years. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. The only way to get employment authorization, in this case, is to already have H-4 status. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. SHARE . 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. You will see the status say, sent for printing. This will incur an H-4 EAD visa fee of $410. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. There is no guarantee that USCIS will expedite your EAD processing once you ask. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. The final regulation in federal register is effective from May 31st, 2022. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. In order to qualify for employment authorization documents, there are two main criteria. H4 Employment Authorization Document (EAD) I Forms. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. 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. A .gov website belongs to an official government organization in the United States. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. Just saw this status for the bill. This is done the way that you would get a renewed card. 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 Processing Times Visa Approvals Rates Login. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. 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 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. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. Thanks. 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. USCIS processes the premium processing request and makes a decision on the application. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. [ 67] The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 2023 AM22Tech| 6. 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. You can craft things to sell, collect inventory, and even build a website for your self-employment venture while youre waiting for your EAD, but you cannot accept any form of payment for goods or services until your EAD arrives. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. What Is Premium Processing for H4 EAD Through USCIS? A, We need to wait. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. Avvo Rating: 10. L2 EAD. | 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 A number of documents are necessary when demonstrating proof of eligibility. Any new updates on H4, H4 EAD premium processing? Processing time 15 to 45 days. If approved, USCIS sends an approval notice to the applicant. USCIS processing times for L2 EAD (Employment Authorization Document) . 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 . If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? 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. There is no concrete date given yet. It is not advisable to file more than 180 days before this date. I have y wife h4 pending for 4 months. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. Can we expect this to be implemented soon or would it take months for USCIS to implement this? . Below are the screenshots of the official text in the regulation that talks about it. Processing time 15 to 45 days. 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. Fee varies from $1500-$2500. Visas. H4 EAD. I fear my wife is going to lose her job since EAD expires end of October. 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. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. We do not have the date on when this will be effective.
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