Non-immigrants working in this country heavily rely on work authorization to exist in the United States, and many of them also rely on their spouses income. 5. National ID document with photo. This temporary increase in the auto-extension period will end on Oct 26, 2023. An Alternative to Premium Processing: Submit an Expedite . For more help navigating your unique tax situation, seek the assistance of a tax attorney. 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. Could you please comment on this one. Terms of Service This bill contained provisions for H-4 visas to make the process simpler. Employment Authorization for Certain H-4 Dependent Spouses | U.S. There are many factors that go into the H-1B processing time including whether your spouses petition is cap-subject or cap-exempt, how busy the USCIS service center is, whether your spouse used premium processing. The premium processing time for H4 visa using Form I-539 will be 30 Days. 2. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Save my name, email, and website in this browser for the next time I comment. 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. Any idea when OMB will process this request. 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 . No, not possible at the moment. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. 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. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Processing time 15 to 45 days. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Unfortunately, premium processing is not available for Form I-765. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. 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. If you file separately, then this rule wont apply. 6. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. 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. Readers are responsible for obtaining such advice from their own legal counsel. 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. 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. 4. The premium processing time for H4 EAD application cannot exceed 30 days. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. 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. The applicant then pays the premium processing fee. Q. Investments arent considered employment. 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. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. USCIS will also provide premium processing option for H4 EAD applicants. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Proposed Filing Fee Increases. They may raise RFE for H4 EAD and request copy of I-94 or they may simply approve it based on electronic record of updated I-94 in their system. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. The H4 EAD application fee is $410. 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. See the timeline and screenshots. Any update on it ? 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. If you need to file an H-4 EAD, theres no sense in waiting. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. No. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. I have y wife h4 pending for 4 months. 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. I-129: The fee does not exceed $2500 and the processing time is 15 calendar days for H-1B, H-2B, E-1/E-2, L-1A/L-1B, O-1, P-1, and TN. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. This added unnecessary delays and increased processing time by up to 2 years. No. It is planned to be implemented by FY 2025. You can now just pay the money instead of begging for timely approval of your EAD. Working without an EAD is illegal. Complete Guide to the H4 Visa in the U.S. Is my understanding right. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. Theyll each have different information that would be relevant to your situation. Contact us for help today. It is not advisable to file more than 180 days before this date. It is called public law 116 159. If you have an H4 visa and want to start working immediately, you might be interested in how long it takes to get an EAD. i485 EAD processing time is 2 to 6 months at the National benefits center. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. At the same time, I file for H1B transfer to a new employer. Youre still working in your home country. Will the premium processing for EAD also include L2 EAD? This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. So youll like to have around 1 year for H4 EAD to be approved. Learn more by scheduling a consultation today! USCIS processes the premium processing request and makes a decision on the application. 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. 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). If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. It was with the Office of Management and Budget (OMB) for a long time until February 2022. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing. This rule applies to people whose H-4 EAD is pending. 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 premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. Each . 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. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . Thank you so much for the explanations! If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. As per the final rule published (29 Mar 2022), USCIS will NOT be able . 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 relationship to the H-1B immigrant. No, they said that they will start implementing it for new filing starting Jan 25. USCIS processes the petition, which can take several months. 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. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. H4 EAD. 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. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. So does this also mean that if anyone has to extend H4+EAD the fees are expected to be total $1750+$1500 and the duration be 30+30 total days? H4 Employment Authorization Document (EAD) I Forms. Likewise, the EAD expiration date will be when your H-4 status expires. Wait for your date to become current 6. 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. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. Replace Green Card (I-90 Form) It can be a tricky situation if you want to work outside the country without an EAD. Thanks. The text of the rule is not yet available. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. 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. USCIS H4 EAD Premium Processing. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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. Can we expect this to be implemented soon or would it take months for USCIS to implement this? If you leave the country and want to reenter you must have a valid passport and H-4 nonimmigrant visa (or another travel document) with 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. 2023 AM22Tech| The job you are filling must be permanent and not seasonal. Q. When slow EAD processing times began threatening peoples ability to exist in the United States, USCIS issued the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants. 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. Hello Anil, firstly thanks for posting great information. So there is no need to worry about having your petition rejected on that account. As of now waiting for Perm, will file I140 in premium. The USCIS provided a 540-day auto-extension based on the renewal application. This is much better than filing court litigations or losing a job. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. However, since then both the cases havent moved any further. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. L2 EAD. Dont accept any job offers from people who can tell you that you can work without an EAD. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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. This added unnecessary delays and increased processing time by up to 2 years. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. (213) 376-3107. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. File it now, and it will be approved before premium processing is implemented. Carl Michael Shusterman. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. 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. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. . Any luck on your side? Below are the screenshots that indicate the same. Terms of Service The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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. Customer service is a top priority for USCIS, and we remain committed to ensuring that applicants and petitioners have timely, meaningful access to assistance and resources. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 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. Unfortunately, H4 EADs cannot be premium processed. Divyendu, Yes, H4 EAD will also start in FY 2025. . Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. It is not a priority for Trump Administration. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. You definitely clarified my doubt. Refer to your receipt notice to find your form, category, and office. Contact Us. It is not mentioned in the settlement agreement. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? A final rule titled Implementation of the Emergency Stopgap USCIS Stabilization Act was published in the Federal Register at 87 FR 18227 (March 30, 2022). a week to ten days to receive your card. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. 3. These are their internal goals which are quite ambitious given the current pathetic situation. At present, there is no option for H4 EAD extension premium processing. H4 EAD Premium Processing And 2022 Visa Application Guide. If you have not filed your Form I-907, or have . Hope my understanding is right. Thanks. USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. how long it take effective ? To work in the US, you must first apply for an employment authorization document (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 below article tracks the latest news updates on the same with the timeline of events, current status. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. If for whatever reason the USCIS revokes this petition, you would not qualify. 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. USCIS Processing Times Visa Approvals Rates Login. | Powered by Edge Creative, COHEN, TUCKER & ADES P.C.42 BROADWAY SUITE #310 | NEW YORK | NY | 10004 | UNITED STATES | (212) 840-0050 | INFO@COHENTUCKERLAW.COM As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. USCIS reviews the application and makes a decision. 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). 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. 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. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. 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. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. This H-4 EAD FAQ series is intended to act as a guideline for filing. 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 you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. The bill was signed into law by president on Oct 1, 2020. Many households need two incomes in order to make ends meet. 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 EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. The fee is going up by over $1,000. The new card is valid from Jan 2023 till Jan 2025. Visas. As noted in the rule's preamble: . Processing times for Form I-526 are typically based on an analysis of the . . 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. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. Although the bill was passed, its provisions were never implemented. 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.