1356(u)(3)(B), but limited to those conditions and eligibility requirements set forth by Section 4102(b)(1) of the Emergency Stopgap USCIS Stabilization Act, Pub. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. 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. This will incur an H-4 EAD visa fee of $410. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Thanks. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. Each . See the below screenshot for both H4 and H4 EAD premium processing details. 5. USCIS rules have recently fluctuated for H1B premium processing availability. 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. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . Change US Consulate interview location on DS-160 after Submission? USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. SHARE . We expect the announcement to be made in 7-10 days after the president signs it. Unfortunately, you will be responsible for all H-4 fees. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. After that, both you and your spouse will be considered out of status and your EAD will be invalid. The EAD, or Employment Authorization Document, makes it legal for people who dont have permanent resident status or visas that authorize employment to work in the United States. Many households need two incomes in order to make ends meet. 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. Just saw this status for the bill. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. 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, 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. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. The below article tracks the latest news updates on the same with the timeline of events, current status. USCIS Announces New Actions to Reduce Backlogs, Expand Premium As an H4 visa recipient, your visa isnt considered work-related. How long does a Request for Evidence take? The H4 EAD application is filed with USCIS. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. Your relationship to the H-1B immigrant. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. The regulations state that your H1B spouse needs to just have an approved I-140. A U.S. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. 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. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. You can see a line-by-line breakdown of the individual components of this in the chart further down. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. 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. Thanks. 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. Pay one Premium fee for H1B, H4, EAD by filing together? Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. 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. It may take few months at least. Avvo Rating: 10. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. It is not advisable to file more than 180 days before this date. If youre a hobby baker who makes cakes for friends or family or makes clothes or crafts to sell online, you still need an EAD to do it. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Unfortunately, H4 EADs cannot be premium processed. 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. Does anyone know if this is a Interim Rule or Direct Final Rule? 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. What's New on VisaGrader? You will need a physical card per I9 compliance to work. i485 EAD processing time is 2 to 6 months at the National benefits center. How long have you and your spouse been married? Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. As noted in the rule's preamble: . After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. Topics. As per the final rule published (29 Mar 2022), USCIS will NOT be able . Q. Good news for families of foreign nationals working in the US! USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Wait for your date to become current 6. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. United States: Regulation To Expand USCIS Premium Processing Program | EB1-C i-140 premium to start in 2022. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. How much time will it take to make it a law? The bill was signed into law by president on Oct 1, 2020. Processing times for Form I-526 are typically based on an analysis of the . . When will this good news go into effect? Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. 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. To get the H4 and EAD approval quickly, do this: File H1B extension/transfer/Change of status, H4, and H4 EAD in the same package (at the same time). Save my name, email, and website in this browser for the next time I comment. Once Biden administration takes office, they make take it up. USCIS H4 EAD Premium Processing. 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. OMB review is the last step in the rulemaking process before U.S. Coming Soon - Premium Processing For H-4 EAD - Path2USA Therefore, you must be in the U.S. to apply. So there is no need to worry about having your petition rejected on that account. A copy of Form I-94 showing admission of H-4 status. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. 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. Will the premium processing for EAD also include L2 EAD? Request a confidential consultation today. Nothing in this website is to be considered as either creating an attorney-client relationship between the reader and Fragomen or as rendering legal advice for any specific matter. H-4 EAD Premium Processing Update - Sam Shihab & Associates, LLC USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. USCIS Again Bundles H-4, L-2 And EAD Applications With H-1B And L-1 h1b filing fees uscis - Changing-stories.org 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. 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. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. 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. Complete Guide to the H4 Visa in the U.S. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. 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. Copy of your marriage certificate. However, the situation is different for the H-4. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . Divyendu, Yes, H4 EAD will also start in FY 2025. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. 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. Fee varies from $1500-$2500. Again, this provision will be effective only after USCIS completes the regulatory process. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Q. 2023 AM22Tech| 2. The applicant then pays the premium processing fee. 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. H-4 visa spouses need an EAD to work in the United States and contribute to their household. Replace Green Card (I-90 Form) 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. Through todays actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. After approval, it takes another ten days to get approval notice by mail, and approx. We will update this page as soon as we get any concrete information. There is no guarantee that USCIS will expedite your EAD processing once you ask. 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. 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. . . The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . See the timeline and screenshots. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. Fee varies from $1500-$2500. Therefore, as of today, you cannot premium process your H-4 EAD. USCIS hasproposedsubstantial government filing fee increases for 2023. 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. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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 to Reinstate Policy Allowing Concurrent Approval of H-1B and H-4 Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. H4 EAD Premium Processing News - Planned for FY 2025, Fee $1500 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 Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 5. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 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. Visas. If for whatever reason the USCIS revokes this petition, you would not qualify. You can request expedited processing if you can demonstrate to USCIS that you would sustain a financial loss or urgent medical situation related to the processing of your H4 EAD status. How Do I Request Premium Processing? | USCIS Dropbox ? Does that jeopardize H4 EAD or my H1B transfer? You are not permitted to work with an ITIN number. 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. 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. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. 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. National ID document with photo. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. This bill contained provisions for H-4 visas to make the process simpler. 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. HR EAD Premium Processing Explained - Cohen, Tucker & Ades A year is a very long time to wait for a household that needs additional income to pay the bills. 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. No, they said that they will start implementing it for new filing starting Jan 25. USCIS Processing Times Visa Approvals Rates Login. An Alternative to Premium Processing: Submit an Expedite . Speak with your immigration attorney to learn how you can best approach your interview. When will USCIS start premium processing for H4-EAD? Employment Authorization for Certain H-4 Dependent Spouses | U.S. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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. You can raise a request after 75 days to get the latest update. Any new updates on H4, H4 EAD premium processing? Thanks. In order to qualify for employment authorization documents, there are two main criteria. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; 447 reviews. These are their internal goals which are quite ambitious given the current pathetic situation. It is planned to be implemented by FY 2025. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Although the bill was passed, its provisions were never implemented. File it now, and it will be approved before premium processing is implemented. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. USCIS Issues Immigration Rule To Expand Premium Processing - Forbes
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