Unfortunately, premium processing is not available for Form I-765. A year is a very long time to wait for a household that needs additional income to pay the bills. However, there are stipulations to the rule that must be taken into consideration when applying. 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.. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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. 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. Topics. Any idea when this will in effect. You can now just pay the money instead of begging for timely approval of your EAD. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. 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 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. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. WASHINGTON Today, U.S. 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. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. Not sure which option is right for you? 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. The fee is going up by over $1,000. When will this good news go into effect? Premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. USCIS has acknowledged that their backlog of applications to be processed is significant. Hello Anil, firstly thanks for posting great information. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. Again, this provision will be effective only after USCIS completes the regulatory process. RN Law group reached court settlement. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Contact Us. 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. Since the Biden administration took office, they have not acted on implementing this for a long time. Complete Guide to the H4 Visa in the U.S. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. 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 long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. Fee varies from $1500-$2500. 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. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. While being able to bring a spouse over to live with you during your H-1B stint is a great benefit of the visa, having that spouse be able to earn an income can be vital to the success of your endeavors in the country. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. 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. You can check service center H4 EAD processing times here. It can be done safely and legally without violating any United States laws, but a lawyer would need to view the circumstances in order for you to be sure youre making the right decisions. Processing time 15 to 45 days. Conclusion Weve received many questions regarding qualifications, documentation required, processing procedures and the. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. 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 This fee increase applies to all categories that have premium processing before August 1, 2020. Divyendu, Yes, H4 EAD will also start in FY 2025. 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. As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. Your H-4 visa status is tied to your H-1B spouses status. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 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. i485 EAD processing time is 2 to 6 months at the National benefits center. 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 . You definitely clarified my doubt. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. USCIS premium processing will NOT be available for H4, EAD until FY 2025. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . USCIS H4 EAD Premium Processing. Once Biden administration takes office, they make take it up. However, since then both the cases havent moved any further. 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. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. Below is our H4 visa EAD FAQ series based on information released by USCIS. 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. 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? 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. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . Fee varies from $1500-$2500. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. We now wait for DHS. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. USCIS processes the petition, which can take several months. Any luck on your side? 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. 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. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. . This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner. We expect the announcement to be made in 7-10 days after the president signs it. 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. Is my understanding right. 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. 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. Does anyone know if this is a Interim Rule or Direct Final Rule? You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. A copy of Form I-94 showing admission of H-4 status. Below are the screenshots that indicate the same. As per the final rule published (29 Mar 2022), USCIS will NOT be able . In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. 1. 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. 2023 VisaNation, Inc. All Rights Reserved. USCIS processes the premium processing request and makes a decision on the application. 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. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. A, We need to wait. 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. 116-159 . If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. USCIS premium processing will NOT be available for H4, EAD until FY 2025. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. Read More. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. You cannot release it independently while youre in the US. 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. What is the processing time for H4? Unfortunately, you will be responsible for all H-4 fees. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. The premium processing clock would only commence after the. 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 . Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. The H-4 EAD premium processing takes about two weeks. 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. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. 3. There is no guarantee that USCIS will expedite your EAD processing once you ask. So there is no need to worry about having your petition rejected on that account. 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. 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. | There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. 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. 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. 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. 5. 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. So youll like to have around 1 year for H4 EAD to be approved. Speak with your immigration attorney to learn how you can best approach your interview. The premium processing clock, when someone. Secure .gov websites use HTTPS If you need help with your EAD or your H4 visa, wed be more than happy to assist you. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Each . The H4 EAD application is filed with USCIS. What is the current processing time of application filed in vermont SVC ? H4 EAD Premium Processing And 2022 Visa Application Guide. The good news is that USCIS has just released an updated H4 EAD processing time. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. The H1B Visa stamp that is issued to the individual and stamped in the passport is not employer-specific and continues to be valid even after you move to another employer until the Expiration Date on it. Thanks. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. 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. what time line we can expect to use premium processing option? EB2 Priority Date; USCIS Form Processing Times; NVC Case Status; Priority Dates; H1B Premium Processing; Breaking Down the Credit Score; Passport Books versus Passport Cards; U.S . We will update this page as soon as we get any concrete information. It was with the Office of Management and Budget (OMB) for a long time until February 2022. Readers are responsible for obtaining such advice from their own legal counsel. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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. L. No. 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. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. 4. 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. . Although the bill was passed, its provisions were never implemented. It is called public law 116 159. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. 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. Will there be premium processing for GC EAD as well? Biometric Appointment in Premium Processing Cases? This added unnecessary delays and increased processing time by up to 2 years. See the below timeline for additional details. If your spouse has an approved I-140 filed with the USCIS (which they will need if you are to qualify for an EAD), then you can wait until your spouse obtains their green card so that they can sponsor you for an F2A green card. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Fee varies from $1500-$2500. Once approved, the B2 visitor visa extension should be processed in under 30 days. Below are the screenshots of the official text in the regulation that talks about it. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. Thanks. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Is premium processing available for H4 EAD? Processing time 15 to 45 days. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. Could you please comment on this one. Premium processing benefits have been extended to other forms. Approve of premium processing for H4 EAD NOW! 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. SHARE . Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. You will see the status say, sent for printing. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. The premium processing fee for all I-765 applications will be under $1,750. No. how long it take effective ? 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. If you need to file an H-4 EAD, theres no sense in waiting. 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. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. DHS hopes to have H-4 EAD premium processing available by the year 2025. If you file separately, then this rule wont apply. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Request a confidential consultation today. 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. It can take approx. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. You cannot start a job in the US until you have your EAD. It is not advisable to file more than 180 days before this date. This is because the USCIS could potentially send a request for additional information or a. I have y wife h4 pending for 4 months. 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. This provision will be effective after USCIS completes the regulatory process. You can see a line-by-line breakdown of the individual components of this in the chart further down. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. They have to now wait for another 3 years to see any daylight. 5. Hope my understanding is right. Hi, will there be a 60-day comment period post publication of the rule in the federal register? To deny a work permit for a LEGAL . My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. USCIS processing times for L2 EAD (Employment Authorization Document) . . An Alternative to Premium Processing: Submit an Expedite . (213) 376-3107. Copy of your marriage certificate. USCIS has shared a new term called cycle time. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Once OMB approves it. Sorry for that. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. A number of documents are necessary when demonstrating proof of eligibility. The applicant then pays the premium processing fee. The premium processing time for H4 visa using Form I-539 will be 30 Days. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. 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). To work in the US, you must first apply for an employment authorization document (EAD). 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 H4 EAD application fee is $410. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. 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 final regulation in federal register is effective from May 31st, 2022. However, getting an H4 can be a complex process. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. Fortunately, this is not a one-time opportunity. Regulatory . At the same time, I file for H1B transfer to a new employer. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. Therefore, you. This is a hefty sum, but 30 days . 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. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. Its connected to your spouses or your parents visa. Processing times vary from center to center, but H-4 EAD usually takes a while to process. Carl Michael Shusterman. The USCIS says on its site 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. Hi Anil, You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. Many people wait up to a full year for their documents to be processed. See the timeline and screenshots. Wait for your date to become current 6. Employment authorization is incorporated into the visa itself, even for spouses. Many households need two incomes in order to make ends meet. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. Citizenship and Immigration Services (USCIS) final rule that would expand premium processing to include additional case types has cleared the Office of Management and Budget, putting it closer to publication and implementation. The bill was signed into law by president on Oct 1, 2020. An Alter. Change US Consulate interview location on DS-160 after Submission? Q. The text of the rule is not yet available. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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. 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. 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. Pay one Premium fee for H1B, H4, EAD by filing together? 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). I-140: The new fee is $2500 and the processing time is 15 . Terms of Service The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. When someone comes to the United States to work in a specialty occupation with an H1B visa, they have the ability to bring their spouse with them on an H-4 visa.