Secure .gov websites use HTTPS Receiving a request for evidence can surely add time to your case. 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. I recently renewed my green card EAD; the first EAD card expired on 04/2019. 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. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Unfortunately, H4 EADs cannot be premium processed. You cannot release it independently while youre in the US. . 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. 6. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. 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. However, there are stipulations to the rule that must be taken into consideration when applying. These are just some questions that may or may not appear in your interview. 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 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. 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. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing 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. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. Not sure which option is right for you? Visas. Q. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. As an H4 visa recipient, your visa isnt considered work-related. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . So there is no need to worry about having your petition rejected on that account. 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. If you have not filed your Form I-907, or have . What does that mean? Processing times vary from center to center, but H-4 EAD usually takes a while to process. USCIS H4 EAD Premium Processing. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. A key worker is someone whose employment makes the normal operation of a workplace possible. What Will H-4 EAD Premium Processing Cost? Q. Processing time 15 to 45 days. The only way to get employment authorization, in this case, is to already have H-4 status. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Yes, you can. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. If for whatever reason the USCIS revokes this petition, you would not qualify. Fee varies from $1500-$2500. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. how long it take effective ? Often, you may be feeling the pain of long processing times. I had filed for renewal before the expiration. You can check service center H4 EAD processing times here. How much time will it take to make it a law? In Washington federal court, H-4 and L-2 spouses are continuing their fight to . . Select your form, form category, and the office that is processing your case. Hello @Anil_Gupta , Thanks for your prompt response. This website is not sponsored or associated with any particular linked entity unless so stated. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. It can take approx. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Any situations not addressed below should be addressed with a qualified immigration attorney. 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. Each . 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 Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. If the company you work for in your home country doesnt have any corporate presence in the United States, youre registered as an employee of that company in your home country and the company deposits the money into your bank account in your home country and in the currency of your home country, you arent working in the United States. As of now waiting for Perm, will file I140 in premium. This may have been misleading to some H4 EAD holders who believed they were a part of that group. H4 EAD PP is not being implemented in near future. 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. Wait times for processing can be long, which puts strain on families who need both spouses to work. H4 & EAD premium processing starting May 31, 2022. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. However, since then both the cases havent moved any further. Regulatory . Get all 3 approved in 15 days using premium. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on Big winners are H-4 spouses. 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. However, getting an H4 can be a complex process. A reputable employer would never offer to employ you without an EAD. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. Just saw this status for the bill. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. Any idea when OMB will process this request. 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 good news is that USCIS has just released an updated H4 EAD processing time. Below are the screenshots that indicate the same. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. [ 67] Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . 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. Thanks. 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). Your personal information is protected by our Privacy Policy. Licensed for 49 years. 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. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Wait for your date to become current 6. Until the fiscal year 2025 which starts on Oct 1, 2024, the only viable option would be filing the mandamus lawsuits to make USCIS work for timely approving EADs. You are not permitted to work with an ITIN number. Dont accept any job offers from people who can tell you that you can work without an EAD. The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2. The Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. I have y wife h4 pending for 4 months. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. 3. What's worse, if concurrently filing the H-4 EAD renewal . 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. It is called public law 116 159. Any idea when this will in effect. Therefore, you. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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). Contact us for help today. Thanks. 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. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. Approve of premium processing for H4 EAD NOW! Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Readers are responsible for obtaining such advice from their own legal counsel. 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. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. What Is Premium Processing for H4 EAD Through USCIS? Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. Any update on it ? If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. No, not possible at the moment. If your EAD has expired or will expire within 30 days and youre still waiting on approval, you can call USCIS and request that your application be expedited. So there is no need to worry about having your petition rejected on that account. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Replace Green Card (I-90 Form) Thursday, July 8, 2021. Request a confidential consultation today. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. Change US Consulate interview location on DS-160 after Submission? The H4 EAD category C26 is not eligible for the 180 day automatic extension. Official websites use .gov USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Oct 16, 2020 - The USCIS issues a press release with the following updates: Premium processing fees for H1B categories have been pushed up to USD 2,500 according to Public Law 116 - 159. This temporary increase in the auto-extension period will end on Oct 26, 2023. 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 rule codifies premium processing fees and adjudication timeframes provided by Congress. Im waiting for Perm and will file I140 in premium. A U.S. Does that jeopardize H4 EAD or my H1B transfer? Once approved, the EAD will be processed in under 30 days. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Although, this did not extend to H4 benefits. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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? 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. 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. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; Effective May 17, 2021, U.S. USCIS will no longer accept previous editions of this form. Q. . 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. 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. 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. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. 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. 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. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. It is not mentioned in the settlement agreement. USCIS processes the petition, which can take several months. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. Proposed Filing Fee Increases. Fee varies from $1500-$2500. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $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. . a week to ten days to receive your card. The job you are filling must be permanent and not seasonal. 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. Divyendu, Yes, H4 EAD will also start in FY 2025. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies.

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