You will need a physical card per I9 compliance to work. Biometric Appointment in Premium Processing Cases? 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. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. No, they said that they will start implementing it for new filing starting Jan 25. DHS hopes to have H-4 EAD premium processing available by the year 2025. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. 447 reviews. January 23, 2023. 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 Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. An Alternative to Premium Processing: Submit an Expedite . Any idea when this will in effect. 4. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. 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. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. This rule applies to people whose H-4 EAD is pending. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. It is set to be $1,750 USD as per regulation. So, I used the reply option. Weve received many questions regarding qualifications, documentation required, processing procedures and the. Fee varies from $1500-$2500. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. 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. USCIS processes the premium processing request and makes a decision on the application. Contact us for help today. At present, there is no option for H4 EAD extension premium processing. Fee varies from $1500-$2500. 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. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. What's worse, if concurrently filing the H-4 EAD renewal . H4 EAD holders were upset with unreasonable processing times and took USCIS to court. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. H-1B visa approvals surge to 97% in fiscal 2021. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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 will post the text for public inspection at least a day before the rule is officially published. 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 . Any update when will this be implemented , it is pending since oct 2020. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. An Alter. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. See the below timeline for additional details. 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. 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. Q. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. 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. 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. H4 & EAD premium processing starting May 31, 2022. Unfortunately, premium processing is not available for Form I-765. N-400: Application for Naturalization; Useful Info. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. RN Law group reached court settlement. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Copy of your marriage certificate. 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. If you have not filed your Form I-907, or have . Sorry for that. 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. 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. Any situations not addressed below should be addressed with a qualified immigration attorney. 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. Terms of Service The H-4 EAD premium processing takes about two weeks. | 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 premium processing will NOT be available for H4, EAD until FY 2025. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. We expect the announcement to be made in 7-10 days after the president signs it. View Profile. Im waiting for Perm and will file I140 in premium. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. 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. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . 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. Your H-4 visa status is tied to your H-1B spouses status. It is called public law 116 159. It is not advisable to file more than 180 days before this date. SHARE . This provision will be effective after USCIS completes the regulatory process. Just saw this status for the bill. . Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. If the h4 biometric requirement is not removed, we suspect the delays will still be there. EB1-C i-140 premium to start in 2022. These are just some questions that may or may not appear in your interview. 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. 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. Premium processing benefits have been extended to other forms. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Visas. 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. Does that jeopardize H4 EAD or my H1B transfer? Once approved, the B2 visitor visa extension should be processed in under 30 days. What Is Premium Processing for H4 EAD Through USCIS? Save my name, email, and website in this browser for the next time I comment. USCIS hasproposedsubstantial government filing fee increases for 2023. However, they may do so if they choose EAD. Copy of your passport. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. 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. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. Once Biden administration takes office, they make take it up. 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. Change US Consulate interview location on DS-160 after Submission? Any luck on your side? 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. It is not a priority for Trump Administration. But, implementation of the same is going to be by FY 2025. Conclusion It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. 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. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Official websites use .gov Most probably, early next year, USCIS will start premium processing for H4 EAD. 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. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. Processing time 15 to 45 days. 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. Employment authorization is incorporated into the visa itself, even for spouses. In order to qualify for employment authorization documents, there are two main criteria. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. (213) 376-3107. 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. However, there are stipulations to the rule that must be taken into consideration when applying. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. USCIS will no longer accept previous editions of this form. This shows how difficult it is to move the dinosaur named USCIS. Theyre misleading you and likely taking advantage of you. The rule codifies premium processing fees and adjudication timeframes provided by Congress. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. 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. Contact Us. 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. 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. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. 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. This added unnecessary delays and increased processing time by up to 2 years. Fortunately, this is not a one-time opportunity. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. 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. 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. Avvo Rating: 10. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. As the lawmakers note, the USCIS could charge up to $1,400 for each application, and this revenue could pay for the additional expense of having to expedite the processing of these cases. You cannot release it independently while youre in the US. This will incur an H-4 EAD visa fee of $410. H4 EAD Premium Processing And 2022 Visa Application Guide. The applicant then pays the premium processing fee. See the timeline and screenshots. As per the final rule published (29 Mar 2022), USCIS will NOT be able . 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. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Once approved, the EAD will be processed in under 30 days. National ID document with photo. 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. You must release your work exclusively through a company outside of the United States. Can we expect this to be implemented soon or would it take months for USCIS to implement this? How to Check US Visa Status Online? 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. 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. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. Thanks. . 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. 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. 116-159 . She will lose job in another 2 months. How long does a Request for Evidence take? Other EAD categories (not H4) are eligible for the 180-day extension. 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. 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. Therefore, as of today, you cannot premium process your H4 EAD. Official identification issued by the government. While this is faster than any other visa processing related to immigration, let alone just H-1B, we need to look at why the USCIS takes a lot of time to process documents. Check your inbox to confirm your email and download the free e-book. 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. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. any updates after the new govt is in power now? However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. This is because the USCIS could potentially send a request for additional information or a. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. This website is not sponsored or associated with any particular linked entity unless so stated. Immigration Attorney in Los Angeles, CA. As of now, we do not have the text published for the same. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. Its best practice to respond as early as possible and discuss it with your immigration attorney. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Share sensitive information only on official, secure websites. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. In a situation like that, you need to know what your alternatives are. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. Looking for U.S. government information and services? Again, this provision will be effective only after USCIS completes the regulatory process. Hi Anil, We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Regulatory . No. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. Processing time 15 to 45 days. You cant legally work without an EAD unless youre in the United States on a work-specific visa. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. Get all 3 approved in 15 days using premium. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. The job you are filling must be permanent and not seasonal. This is much better than filing court litigations or losing a job. The good news is that USCIS has just released an updated H4 EAD processing time. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. No. 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. Secure .gov websites use HTTPS Receiving a request for evidence can surely add time to your case. 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. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. USCIS has acknowledged that their backlog of applications to be processed is significant. Review our. The bill was signed into law by president on Oct 1, 2020. Youll need: Additional details regarding the requirements can be found here. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. [ 67] He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. We will update this page as soon as we get any concrete information. Thank you so much for the explanations! A copy of your last EAD. There is no guarantee that USCIS will expedite your EAD processing once you ask. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. 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. If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. 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. Readers are responsible for obtaining such advice from their own legal counsel. Here is a breakdown of the new USCIS premium processing time and fees. Request a confidential consultation today. It can be a tricky situation if you want to work outside the country without an EAD. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. Hello Anil, I couldnt find a way to post a new message here. A .gov website belongs to an official government organization in the United States. The H4 EAD application fee is $410. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. To work in the US, you must first apply for an employment authorization document (EAD). This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. Likewise, the EAD expiration date will be when your H-4 status expires. 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. 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. They are prioritizing F1 OPT for Form I-765 in FY 2022. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. The date of your EAD will, be valid from the date your I-765 is adjudicated or the date in which you acquire H-4 status (whichever is later). The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.
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