The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. 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. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. The new card is valid from Jan 2023 till Jan 2025. USCIS responded by implementing an automatic 180-day extension to H4 EAD. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 2023 Cohen, Tucker & Ades P.C. Thanks. OMB review is the last step in the rulemaking process before U.S. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. January 23, 2023. 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. They have a thorough knowledge of the H-1B process and this new EAD rule. The first and most viable solution is to obtain a work visa yourself. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. I had filed for renewal before the expiration. 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. H4 & EAD premium processing starting May 31, 2022. 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). The bill included provisions for extensions, changes of status, and work authorization. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. Its best practice to respond as early as possible and discuss it with your immigration attorney. H-4 visa spouses need an EAD to work in the United States and contribute to their household. 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. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . There is no guarantee that USCIS will expedite your EAD processing once you ask. . If the h4 biometric requirement is not removed, we suspect the delays will still be there. 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. Unfortunately, you will be responsible for all H-4 fees. You will need a physical card per I9 compliance to work. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. Theyll each have different information that would be relevant to your situation. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. Does that jeopardize H4 EAD or my H1B transfer? However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. 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. 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. This added unnecessary delays and increased processing time by up to 2 years. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. Terms of Service 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. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. A U.S. 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. Thursday, July 8, 2021. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. USCIS H4 EAD Premium Processing. After approval, it takes another ten days to get approval notice by mail, and approx. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. Each . any updates after the new govt is in power now? 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. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Conclusion After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. 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. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. File it now, and it will be approved before premium processing is implemented. what time line we can expect to use premium processing option? This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. Approve of premium processing for H4 EAD NOW! USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. 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. There is no official information available from USCIS yet. 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. 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). 4. Avvo Rating: 10. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). There are a few ways to go about obtaining your green card while on an H-4 visa: Some other nonimmigrant visas allow you to work in the U.S. automatically, such as the O, E, and L class visas. 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. It is also a violation of your nonimmigrant status. Working without an EAD is illegal. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. "USCIS will issue policy guidance that states L-2 spouses are employment authorised, incident to status, and in cooperation with CBP, change the Form I-94, within . USCIS hasproposedsubstantial government filing fee increases for 2023. A copy of your last EAD. USCIS has shared a new term called cycle time. 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. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. | The fee will vary from $1500 to $2500 for other types of applications. 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. 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. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Proposed Filing Fee Increases. Does anyone know if this is a Interim Rule or Direct Final Rule? No. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. . USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. An Alter. Although, this did not extend to H4 benefits. Copy of your marriage certificate. 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. 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 . 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). USCIS will also provide premium processing option for H4 EAD applicants. You cannot release it independently while youre in the US. Fee varies from $1500-$2500. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. The H4 EAD category C26 is not eligible for the 180 day automatic extension. I have y wife h4 pending for 4 months. You can check service center H4 EAD processing times here. Q. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing However, they may do so if they choose EAD. 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. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. 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. 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. 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? The USCIS Stabilization Act set new fees for premium processing of immigration benefit requests that had been designated for premium processing as of August 1, 2020, and expanded DHS authority to establish and collect new premium processing fees, and to use those additional funds for expanded purposes. Terms of Service 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. Any luck on your side? 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. Citizenship and Immigration Services (USCIS) final rule that would expand premium processing to include additional case types has cleared the Office of Management and Budget, putting it closer to publication and implementation. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Read More. The premium processing fee for current eligible categories such as H1B, L1, I-140 and other categories will be increased to $2,500 USD from $1440 USD. 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 . DHS hopes to have H-4 EAD premium processing available by the year 2025. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. To deny a work permit for a LEGAL . What is the current processing time of application filed in vermont SVC ? It may take few months at least. Employment authorization is incorporated into the visa itself, even for spouses. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . Youre still working in your home country. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Fee varies from $1500-$2500. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Again, this provision will be effective only after USCIS completes the regulatory process. 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. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Check your inbox to confirm your email and download the free e-book. Replace Green Card (I-90 Form) So there is no need to worry about having your petition rejected on that account. 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. Any update when will this be implemented , it is pending since oct 2020. For example, the I-129 H-1B filing . The fee is going up by over $1,000. For more help navigating your unique tax situation, seek the assistance of a tax attorney. Unfortunately, H4 EADs cannot be premium processed. Yes. No, they said that they will start implementing it for new filing starting Jan 25. 11-year Top Contributor. 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. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Review our. Thanks. Processing time 15 to 45 days. The rule codifies premium processing fees and adjudication timeframes provided by Congress. 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. 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). So youll like to have around 1 year for H4 EAD to be approved. See the below screenshot for both H4 and H4 EAD premium processing details. Q. Wait for your date to become current 6. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. Unfortunately, premium processing is not available for Form I-765. USCIS premium processing will NOT be available for H4, EAD until FY 2025. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. 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. 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 website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. 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. 3. Once OMB approves it. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. 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. 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. Thanks. Signed by President on 1st October. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. 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 current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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 passport. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. The bill was signed into law by president on Oct 1, 2020. 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. Will the premium processing for EAD also include L2 EAD? Below is our H4 visa EAD FAQ series based on information released by USCIS. Q. Request a confidential consultation today. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . It will be part of future phases of rollout of premium processing for forms I-539 and I-765. L. No. Good news for families of foreign nationals working in the US! At the same time, I file for H1B transfer to a new employer. The applicant then pays the premium processing fee. If you need to file an H-4 EAD, theres no sense in waiting. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Citizenship and Immigration Services (USCIS), H.R.8337 116th Congress (2019-2020): Continuing Appropriations Act, 2021 and Other Extensions Act | Congress.Gov, Automatic Employment Authorization Document (EAD) Extension | USCIS. Many households need two incomes in order to make ends meet. 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. If your spouse has an approved I-140 filed with the USCIS (which they will need if you are to qualify for an EAD), then you can wait until your spouse obtains their green card so that they can sponsor you for an F2A green card. They have to now wait for another 3 years to see any daylight. Neither your employer nor your spouses employer is obligated to pay them. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. No. A key worker is someone whose employment makes the normal operation of a workplace possible. You will see the status say, sent for printing. In a situation like that, you need to know what your alternatives are. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. In order to qualify for employment authorization documents, there are two main criteria. However, there are stipulations to the rule that must be taken into consideration when applying. Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.. Below is our H4 visa EAD FAQ series based on information released by USCIS. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. This website is not sponsored or associated with any particular linked entity unless so stated. The final regulation in federal register is effective from May 31st, 2022. This is much better than filing court litigations or losing a job. | Visa issued by a foreign consulate. It is not a priority for Trump Administration. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). Your relationship to the H-1B immigrant. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. There is no concrete date given yet. 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 is set to be $1,750 USD as per regulation. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. What does that mean? H-1B visa approvals surge to 97% in fiscal 2021. 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. Since the Biden administration took office, they have not acted on implementing this for a long time. Birth certificate with photo ID. If you file separately, then this rule wont apply. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. An Alternative to Premium Processing: Submit an Expedite . 447 reviews. Visa Interview ? The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Below are the screenshots of the official text in the regulation that talks about it. 2023 AM22Tech| Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . 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. We expect the announcement to be made in 7-10 days after the president signs it. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . 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 . H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. 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. This H-4 EAD FAQ series is intended to act as a guideline for filing. Pay one Premium fee for H1B, H4, EAD by filing together? 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's New on VisaGrader? 6. 1. First, the principal. 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.