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. The H4 EAD application fee is $410. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. As an H4 visa recipient, your visa isnt considered work-related. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. If for whatever reason the USCIS revokes this petition, you would not qualify. Often, you may be feeling the pain of long processing times. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. Many households need two incomes in order to make ends meet. H4 EAD Ultimate Guide & Latest News (March 2023) - India USA Travel Hello Anil, firstly thanks for posting great information. Any luck on your side? It is also a violation of your nonimmigrant status. 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. It was with the Office of Management and Budget (OMB) for a long time until February 2022. H-4 Visa in 2023 | Processing Time, EAD Work Permit, Application Good news for families of foreign nationals working in the US! Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. How to Check US Visa Status Online? It is unclear whether the H4 biometric requirement is going away. If you were to help others make investments or engage in Forex trading, you would technically be working. The text of the rule is not yet available. How long have you and your spouse been married? 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. It can be a tricky situation if you want to work outside the country without an EAD. H-4 EAD Frequently Asked Questions (FAQ) - Adhikari Law PLLC H4 EAD PP is not being implemented in near future. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. 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 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. Employment authorization is incorporated into the visa itself, even for spouses. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Can I apply for H1B extension along with h4 change of status and h4 ead Therefore, as of today, you cannot premium process your H4 EAD. If you have not filed your Form I-907, or have . Q. A copy of Form I-94 showing admission of H-4 status. You will need a physical card per I9 compliance to work. You cant legally work without an EAD unless youre in the United States on a work-specific visa. Does that jeopardize H4 EAD or my H1B transfer? RN Law group reached court settlement. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. You can see a line-by-line breakdown of the individual components of this in the chart further down. Its still a long waiting period. 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. You cannot start a job in the US until you have your EAD. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. Copy of your marriage certificate. USCIS Issues Immigration Rule To Expand Premium Processing - Forbes Request a confidential consultation today. As of now waiting for Perm, will file I140 in premium. Is the premium process option available for H4 EAD? - Quora You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. H-4 visa spouses need an EAD to work in the United States and contribute to their household. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. 2023 AM22Tech| H4 EAD Premium Processing And 2022 Visa Application Guide 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. 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. SuperVisas on LinkedIn: USCIS Update: Settlement Agreement - USCIS to USCIS will consider expediting requests for people who work in cultural or religious nonprofit roles, people who work for or in the interest of the U.S. government, and people who are critical, key workers in their workplace. How long H4 EAD takes after H4 approval? - Web-Information-Center It is called public law 116 159. What is the current processing time of application filed in vermont SVC ? 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. 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. HR EAD Premium Processing Explained - Cohen, Tucker & Ades 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. 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. 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 . USCIS processes the petition, which can take several months. These are their internal goals which are quite ambitious given the current pathetic situation. 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. What Will H-4 EAD Premium Processing Cost? 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? USCIS processing times for L2 EAD (Employment Authorization Document) . In order to qualify for employment authorization documents, there are two main criteria. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Visa issued by a foreign consulate. Premium Processing for H-4 Applications, EADs, and More may be - Murthy Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . There is no concrete date given yet. . 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. 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. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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. Once OMB approves it. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing If you file separately, then this rule wont apply. After approval, it takes another ten days to get approval notice by mail, and approx. Its best practice to respond as early as possible and discuss it with your immigration attorney. 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. 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. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! Pay one Premium fee for H1B, H4, EAD by filing together? Although, this did not extend to H4 benefits. . As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. The good news is that USCIS has just released an updated H4 EAD processing time. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. These are just some questions that may or may not appear in your interview. USCIS on Twitter We will update this page as soon as we get any concrete information. 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. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. However, the situation is different for the H-4. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. Review our. USCIS reviews the application and makes a decision. 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). 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. 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. This may have been misleading to some H4 EAD holders who believed they were a part of that group. 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. 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. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. This added unnecessary delays and increased processing time by up to 2 years. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. OMB review is the last step in the rulemaking process before U.S. 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. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. However, since then both the cases havent moved any further. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on This shows how difficult it is to move the dinosaur named USCIS. 4. Other EAD categories (not H4) are eligible for the 180-day extension. Carl Michael Shusterman. 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. The premium processing time for H4 visa using Form I-539 will be 30 Days. 11-year Top Contributor. Its connected to your spouses or your parents visa. Although the bill was passed, its provisions were never implemented. Contact us for help today. USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 what time line we can expect to use premium processing option? Thanks. 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. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. The settlement was specifically to return to concurrent adjudication when filed together. The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. USCIS may introduce premium processing for H-1B spouses - Events USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. 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. National ID document with photo. The premium processing fee for all I-765 applications will be under $1,750. H4 Employment Authorization Document (EAD) I Forms. Congress Approves Massive I-907 Premium Processing Fee Rise Im waiting for Perm and will file I140 in premium. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. H4 EAD Premium Processing - Facts, News Updates, And More 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. H4 ead premium processing - Admit School It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. What is the processing time for H4? Current EAD Processing Time 2022 - H4, L2, I-485 Green Card - USA (2023) 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. Neither your employer nor your spouses employer is obligated to pay them. The premium processing time for H4 visa using Form I-539 will be 30 Days. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. This is a hefty sum, but 30 days . USCIS Announces New Actions to Reduce Backlogs, Expand Premium 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. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. 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. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. 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 . Employment Authorization for Certain H-4 Dependent Spouses | U.S. You need an EAD to perform any work inside of the United States, but you arent prohibited from working in any country where youre already authorized to work. USCIS to Reinstate Policy Allowing Concurrent Approval of H-1B and H-4 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. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. It is not a priority for Trump Administration. 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. or even an H-1B visa yourself. As of now, we do not have the text published for the same. 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. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. There is no official information available from USCIS yet. 6. 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. 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). This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Thursday, July 8, 2021. Dropbox ? H4 EAD Premium Processing - Not Available Until 2025 (Sad News | 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 This added unnecessary delays and increased processing time by up to 2 years. Fortunately, this is not a one-time opportunity. Youll need: Additional details regarding the requirements can be found here. H-4 EAD Premium Processing Update - Sam Shihab & Associates, LLC 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. 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. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. Check your inbox to confirm your email and download the free e-book. 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. H-1B visa approvals surge to 97% in fiscal 2021. Any new updates on H4, H4 EAD premium processing? The applicant then pays the premium processing fee. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Read More. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. After a long wait, finally, on March 30th, 2022, DHS. 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 March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. 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. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. For example, the I-129 H-1B filing . If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. 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. View Profile. Proposed Filing Fee Increases. When someone comes to the United States to work in a specialty occupation with an H1B visa, they have the ability to bring their spouse with them on an H-4 visa. So youll like to have around 1 year for H4 EAD to be approved. The premium processing service will set you back $1,500. 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). Licensed for 49 years. 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.

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