If the h4 biometric requirement is not removed, we suspect the delays will still be there. After approval, it takes another ten days to get approval notice by mail, and approx. Just file a new I-765 along with the filing fee to replace your card. If approved, USCIS sends an approval notice to the applicant. I-140: The new fee is $2500 and the processing time is 15 . Read More. Your relationship to the H-1B immigrant. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. Thanks. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . But its still good news for us. Copy of your marriage certificate. At present, there is no option for H4 EAD extension premium processing. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. A copy of your last EAD. The premium processing service will set you back $1,500. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Thursday, July 8, 2021. Visa issued by a foreign consulate. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. . Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. 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. 3. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. H4 EAD Premium Processing And 2022 Visa Application Guide. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. View Profile. The regulations state that your H1B spouse needs to just have an approved I-140. Any updates on H4 EAD premium processing? Once approved, the EAD will be processed in under 30 days. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. 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. 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. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. 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. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. But, implementation of the same is going to be by FY 2025. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 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. . The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. 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. Fortunately, this is not a one-time opportunity. 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. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Yes. 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. Often, you may be feeling the pain of long processing times. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. USCIS has acknowledged that their backlog of applications to be processed is significant. How much time will it take to make it a law? A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. 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. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. You definitely clarified my doubt. 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. However, there are stipulations to the rule that must be taken into consideration when applying. The premium processing clock, when someone. 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. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. 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. Theyll each have different information that would be relevant to your situation. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Therefore, as of today, you cannot premium process your H-4 EAD. 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. The maximum fee and processing time for EB-1C (multinational executives and managers) would be $2500 and 45 days respectively.The change of status to F, J, and M fees will be a maximum of $1750 and will be processed within 30 days.The extension or change of status to E, H, L, O, P, or R, will carry a cost of $1750 and the processing should be completed within 30 days.The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days. The requirements are as follows: The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved. Its still a long waiting period. They are prioritizing F1 OPT for Form I-765 in FY 2022. 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). As per the final rule published (29 Mar 2022), USCIS will NOT be able . 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 . Investments arent considered employment. 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 processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Therefore, you must be in the U.S. to 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. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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. 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. It is unclear whether the H4 biometric requirement is going away. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. Your personal information is protected by our Privacy Policy. Although the bill was passed, its provisions were never implemented. USCIS processes the petition, which can take several months. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. i485 EAD processing time is 2 to 6 months at the National benefits center. It is not a priority for Trump Administration. Hope my understanding is right. 2023 VisaNation, Inc. All Rights Reserved. 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 L2 EAD. Biometric Appointment in Premium Processing Cases? Any idea when OMB will process this request. Once OMB approves it. It can take approx. To work in the US, you must first apply for an employment authorization document (EAD). We will update this page as soon as we get any concrete information. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. what time line we can expect to use premium processing option? Below is our H4 visa EAD FAQ series based on information released by USCIS. USCIS will also provide premium processing option for H4 EAD applicants. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. H4 EAD PP is not being implemented in near future. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Complete Guide to the H4 Visa in the U.S. 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 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. 2023 AM22Tech| NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. [ 67] As of now waiting for Perm, will file I140 in premium. Regulatory . Does that jeopardize H4 EAD or my H1B transfer? 4. Hello @Anil_Gupta , Thanks for your prompt response. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . Fee varies from $1500-$2500. Looking for U.S. government information and services? To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. At the same time, I file for H1B transfer to a new employer. 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. The settlement was specifically to return to concurrent adjudication when filed together. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. Check your inbox to confirm your email and download the free e-book. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. 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. Get all 3 approved in 15 days using premium. An Alternative to Premium Processing: Submit an Expedite . Visas. Wait for your date to become current 6. She will lose job in another 2 months. 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. Good news for families of foreign nationals working in the US! 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. 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. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. The premium processing time for H4 visa using Form I-539 will be 30 Days. Employment Authorization for Certain H-4 Dependent Spouses | U.S. Hello Anil, I couldnt find a way to post a new message here. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . Oct 1, 2020 - President Trump signs Bill HR 8337 into law. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. 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. 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.. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. WASHINGTON Today, U.S. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. Since the Biden administration took office, they have not acted on implementing this for a long time. Secure .gov websites use HTTPS Each . Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. However, they may do so if they choose EAD. Working without an EAD is illegal. If you have not filed your Form I-907, or have . | A year is a very long time to wait for a household that needs additional income to pay the bills. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. 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. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. 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 . Dropbox ? 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. Thanks. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. The good news is that USCIS has just released an updated H4 EAD processing time. 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. See the timeline and screenshots. Basically, the outdated immigration system is forcing you to spend the money either by paying a premium fee or paying lawyers for filing court cases. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Here is a breakdown of the new USCIS premium processing time and fees. Youre still working in your home country. So there is no need to worry about having your petition rejected on that account. 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. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. 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. 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. There is no official information available from USCIS yet. This provision will be effective after USCIS completes the regulatory process.