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. Any idea when OMB will process this request. | 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 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. They have a thorough knowledge of the H-1B process and this new EAD rule. Biometric Appointment in Premium Processing Cases? But its still good news for us. Once approved, the B2 visitor visa extension should be processed in under 30 days. The good news is that USCIS has just released an updated H4 EAD processing time. They have to now wait for another 3 years to see any daylight. Signed by President on 1st October. Carl Michael Shusterman. Just saw this status for the bill. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. (213) 376-3107. Copy of your passport. Any update when will this be implemented , it is pending since oct 2020. As an H4 visa recipient, your visa isnt considered work-related. 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. Fifteen days to get EAD card. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? 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. . 5. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. Working without an EAD is illegal. Fee varies from $1500-$2500. This would violate the EAD rules. Fortunately, this is not a one-time opportunity. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Other EAD categories (not H4) are eligible for the 180-day extension. Wait for your date to become current 6. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Thank you so much for the explanations! Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. The H4 EAD category C26 is not eligible for the 180 day automatic extension. L2 EAD. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. They are prioritizing F1 OPT for Form I-765 in FY 2022. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Proposed Filing Fee Increases. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. 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. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. 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 best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 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. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. Visa issued by a foreign consulate. What Is Premium Processing for H4 EAD Through USCIS? See the below screenshot for both H4 and H4 EAD premium processing details. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Hello Anil, firstly thanks for posting great information. 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 . It is not advisable to file more than 180 days before this date. a week to ten days to receive your card. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. This is because the USCIS could potentially send a request for additional information or a. any updates after the new govt is in power now? 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 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. Theyre misleading you and likely taking advantage of you. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. National ID document with photo. Contact Us. . If for whatever reason the USCIS revokes this petition, you would not qualify. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. All forms of employment require an EAD. When will this good news go into effect? USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. They have plans to implement premium processing, but the plans arent immediate. But, implementation of the same is going to be by FY 2025. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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. Neither your employer nor your spouses employer is obligated to pay them. H-4 visa spouses need an EAD to work in the United States and contribute to their household. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. USCIS has shared a new term called cycle time. Processing times for Form I-526 are typically based on an analysis of the . At present, there is no option for H4 EAD extension 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. The Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. 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. It is set to be $1,750 USD as per regulation. Hi, will there be a 60-day comment period post publication of the rule in the federal register? A copy of Form I-94 showing admission of H-4 status. 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. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. The applicant then pays the premium processing fee. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. 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. Wait for your Social Security card to arrive (takes about 5-6 weeks). Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form . i485 EAD processing time is 2 to 6 months at the National benefits center. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. We now wait for DHS. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Premium processing benefits have been extended to other forms. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. 3. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. H4 EAD Premium Processing And 2022 Visa Application Guide. Wait times for processing can be long, which puts strain on families who need both spouses to work. 2. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. 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. Any updates on H4 EAD premium processing? Request a confidential consultation today. 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 . 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. Unfortunately, H4 EADs cannot be premium processed. 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. 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. 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. This will incur an H-4 EAD visa fee of $410. 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 Each . 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 job you are filling must be permanent and not seasonal. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. SHARE . 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. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. 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. 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. To work in the US, you must first apply for an employment authorization document (EAD). After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. USCIS H4 EAD Premium Processing. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. | Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; You can return home and perform temporary work in your home country. 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. Therefore, you. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Thanks. 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 H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. There is no guarantee that USCIS will expedite your EAD processing once you ask. The only way to get employment authorization, in this case, is to already have H-4 status. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. 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. Can we expect this to be implemented soon or would it take months for USCIS to implement this? USCIS responded by implementing an automatic 180-day extension to H4 EAD. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. 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 settlement was specifically to return to concurrent adjudication when filed together. Just file a new I-765 along with the filing fee to replace your card. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . Once OMB approves it. All requests are considered on a case-by-case basis. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. Immigration Attorney in Los Angeles, CA. 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. We will update this page as soon as we get any concrete information. For now, the biometrics requirement has been suspended - but by the time USCIS is implementing the long-awaiting H-4 premium processing, the biometrics requirement will be back and USCIS will continue to have an excuse not to take any action on these cases - even when the applicant is desperately trying to pay them an extra $3,250 to get a decision on these applications within 30 days . Thanks. If you have not filed your Form I-907, or have . However, getting an H4 can be a complex process. This is a hefty sum, but 30 days . It can take approx. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Many people wait up to a full year for their documents to be processed. Most probably, early next year, USCIS will start premium processing for H4 EAD. After approval, it takes another ten days to get approval notice by mail, and approx. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. 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. As noted in the rule's preamble: . This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. 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. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. Processing times vary from center to center, but H-4 EAD usually takes a while to process. Below is our H4 visa EAD FAQ series based on information released by USCIS. Its best practice to respond as early as possible and discuss it with your immigration attorney. 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. This fee increase applies to all categories that have premium processing before August 1, 2020. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Big winners are H-4 spouses. 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. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. Effective May 17, 2021, U.S. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. She will lose job in another 2 months. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. As per the final rule published (29 Mar 2022), USCIS will NOT be able . A number of documents are necessary when demonstrating proof of eligibility. We expect the announcement to be made in 7-10 days after the president signs it. 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.