It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouses H-1B or green card petitions. Refer to your receipt notice to find your form, category, and office. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. 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. These visas in particular also allow dependents to work in the U.S. Keep in mind that changing ones status can be tricky, especially when you have an approved I-140 pending with the USCIS. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Therefore, as of today, you cannot premium process your H-4 EAD. 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. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. Any luck on your side? USCIS premium processing will NOT be available for H4, EAD until FY 2025. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. Official identification issued by the government. 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. To work in the US, you must first apply for an employment authorization document (EAD). i485 EAD processing time is 2 to 6 months at the National benefits center. OMB review is the last step in the rulemaking process before U.S. The H4 EAD application fee is $410. H4 & EAD premium processing starting May 31, 2022. They have plans to implement premium processing, but the plans arent immediate. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. 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. If the h4 biometric requirement is not removed, we suspect the delays will still be there. USCIS may be willing to expedite certain EAD documents under emergency circumstances as long as the H-4 EAD was filed properly and in a timely manner. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. At the same time, I file for H1B transfer to a new employer. 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). By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. For more help navigating your unique tax situation, seek the assistance of a tax attorney. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . 4. Visas. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. Answer: Unfortunately, while USCIS rules have been fluctuating in the last few years for premium processing availability for H-1B principal visa holders, there hasn't been much movement for this option for H-4 EAD holders. She will lose job in another 2 months. 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. To qualify for an EB-1, you need to be an outstanding researcher or professor or you must be an executive or manager in a multinational company. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Investments arent considered employment. These are just some questions that may or may not appear in your interview. You can now just pay the money instead of begging for timely approval of your EAD. How long does it take once USCIS approves my H4 EAD before I receive a card? We do not have the date on when this will be effective. A U.S. Premium processing benefits have been extended to other forms. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your 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. Visa Interview ? Effective May 17, 2021, U.S. 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. 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. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. Any update on it ? I-140: The new fee is $2500 and the processing time is 15 . How long have you and your spouse been married? We will update here if new information is made available for this. 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. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. USCIS will no longer accept previous editions of this form. 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. You must release your work exclusively through a company outside of the United States. Processing time 15 to 45 days. 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. Sorry for that. Other EAD categories (not H4) are eligible for the 180-day extension. USCIS processing times for L2 EAD (Employment Authorization Document) . You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. The final regulation in federal register is effective from May 31st, 2022. Theyre misleading you and likely taking advantage of you. An Alternative to Premium Processing: Submit an Expedite . If you file separately, then this rule wont apply. Nothing in this website is to be considered as either creating an attorney-client relationship between the reader and Fragomen or as rendering legal advice for any specific matter. The Cohen, Tucker & Ades law firm are compassionate and detail-oriented immigration lawyers who have spent the past 40 years helping immigrants live their lives in America. Any update when will this be implemented , it is pending since oct 2020. So is it a problem only for new EAD applications? What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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. Im waiting for Perm and will file I140 in premium. Check your inbox to confirm your email and download the free e-book. A, We need to wait. Why US Visa Status on CEAC says Refused for 221g ? 3. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 2023 VisaNation, Inc. All Rights Reserved. It is unclear whether the H4 biometric requirement is going away. All forms of employment require an EAD. USCIS responded by implementing an automatic 180-day extension to H4 EAD. Fortunately, this is not a one-time opportunity. If for whatever reason the USCIS revokes this petition, you would not qualify. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. 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. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. 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. If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. The cost of goods and services is rapidly rising in America due to unchecked inflation. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. . Learn more by scheduling a consultation today! Once approved, the EAD will be processed in under 30 days. Proposed Filing Fee Increases. 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. 1356(u)(3)(B), but limited to those conditions and eligibility requirements set forth by Section 4102(b)(1) of the Emergency Stopgap USCIS Stabilization Act, Pub. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 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 . What does that mean? Share sensitive information only on official, secure websites. 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? 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. Copy of your marriage certificate. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. 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. 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. Could you please comment on this one. First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. 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. 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. RN Law group reached court settlement. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Request a confidential consultation today. Neither your employer nor your spouses employer is obligated to pay them. Request a confidential consultation today. 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. 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. It can have serious consequences for you and serious consequences for the person who employs you. 2023 Cohen, Tucker & Ades P.C. 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. Just saw this status for the bill. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. National ID document with photo. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. So, I used the reply option. Yes, you can. Carl Michael Shusterman. 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. Immigration Attorney in Los Angeles, CA. You can see a line-by-line breakdown of the individual components of this in the chart further down. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. You can raise a request after 75 days to get the latest update. Big changes announced by USCIS. To deny a work permit for a LEGAL . US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . a week to ten days to receive your card. 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. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. This shows how difficult it is to move the dinosaur named USCIS. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. Wait for your Social Security card to arrive (takes about 5-6 weeks). The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. Fee varies from $1500-$2500. 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. Youll need: Additional details regarding the requirements can be found here. As per the final rule published (29 Mar 2022), USCIS will NOT be able . The applicant then pays the premium processing fee. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. 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. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. 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. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. This is likely due to the pandemic and an increase in requests for immigration benefits as a result of the ongoing conflict in Ukraine and political strife in countries like Haiti and Venezuela. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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 act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Contact Us. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. 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. 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 first and most viable solution is to obtain a work visa yourself. 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. It is not advisable to file more than 180 days before this date. 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. Back in the pre-biometric days, USCIS used to show big heart and approve H4 and H4 EAD along with H1B premium as a goodwill gesture. 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. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. You can return home and perform temporary work in your home country. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. 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. 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. Processing time 15 to 45 days. Complete Guide to the H4 Visa in the U.S. It is set to be $1,750 USD as per regulation. 5. 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. Any idea when OMB will process this request. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 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. 4. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . This fee increase applies to all categories that have premium processing before August 1, 2020. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . 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.
