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The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. . This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. What does that mean? Wait times for processing can be long, which puts strain on families who need both spouses to work. Yes. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. 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. Each . i485 EAD processing time is 2 to 6 months at the National benefits center. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. 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. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. 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. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. Many people wait up to a full year for their documents to be processed. Processing time 15 to 45 days. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. It is planned to be implemented by FY 2025. Q. 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. But its still good news for us. 11-year Top Contributor. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD. Weve received many questions regarding qualifications, documentation required, processing procedures and the. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. any updates after the new govt is in power now? 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. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. For more help navigating your unique tax situation, seek the assistance of a tax attorney. "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 . 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. USCIS will no longer accept previous editions of this form. Likewise, the EAD expiration date will be when your H-4 status expires. The good news is that USCIS has just released an updated H4 EAD processing time. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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. Check your inbox to confirm your email and download the free e-book. 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 job you are filling must be permanent and not seasonal. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. A .gov website belongs to an official government organization in the United States. The final regulation in federal register is effective from May 31st, 2022. This is done the way that you would get a renewed card. Pay one Premium fee for H1B, H4, EAD by filing together? 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. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. 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? 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 H4 EAD category C26 is not eligible for the 180 day automatic extension. 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.. See the timeline and screenshots. Theyre misleading you and likely taking advantage of you. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. USCIS has acknowledged that their backlog of applications to be processed is significant. This bill contained provisions for H-4 visas to make the process simpler. L2 EAD. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. 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. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. It can be a tricky situation if you want to work outside the country without an EAD. 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. Visa Interview ? This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. Q. Dont accept any job offers from people who can tell you that you can work without an EAD. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. H4 EAD. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. View Profile. 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. It can have serious consequences for you and serious consequences for the person who employs you. No, they said that they will start implementing it for new filing starting Jan 25. You can see a line-by-line breakdown of the individual components of this in the chart further down. This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny. The H4 EAD application is filed with USCIS. Big changes announced by USCIS. An Alternative to Premium Processing: Submit an Expedite . 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. H4 Employment Authorization Document (EAD) I Forms. 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 would violate the EAD rules. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? We now wait for DHS. 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. Employment authorization is incorporated into the visa itself, even for spouses. Thanks. The H-1B visa holder must have a status . 116-159 . 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. how long it take effective ? To request premium processing on or after January 30, the Form I-907 (Request for Premium Processing)?version dated November 3, 2022?must be filed. 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 first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. USCIS H4 EAD Premium Processing. This will incur an H-4 EAD visa fee of $410. According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 from October 2020 to September this year was 97.3%. 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. As per the final rule published (29 Mar 2022), USCIS will NOT be able . . The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. Improving Access to Employment Authorization Documents, USCIS continues to make progress toward a temporary final rule currently named Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. A copy of Form I-94 showing admission of H-4 status. Will there be premium processing for GC EAD as well? Customer service is a top priority for USCIS, and we remain committed to ensuring that applicants and petitioners have timely, meaningful access to assistance and resources. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. Thank you so much for the explanations! Please contact us at INFO@COHENTUCKERLAW.COM with any questions. They have to now wait for another 3 years to see any daylight. Premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. No, not possible at the moment. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. 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 existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. The premium processing clock, when someone. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. Replace Green Card (I-90 Form) USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. Any new updates on H4, H4 EAD premium processing? 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. 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. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). USCIS H4 EAD Premium Processing. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. 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. 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. Licensed for 49 years. Once Biden administration takes office, they make take it up. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. 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. Many households need two incomes in order to make ends meet. Processing time 15 to 45 days. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. 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. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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. Birth certificate with photo ID. There is no guarantee that USCIS will expedite your EAD processing once you ask. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. This is a hefty sum, but 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. After that, both you and your spouse will be considered out of status and your EAD will be invalid. USCIS will post the text for public inspection at least a day before the rule is officially published. . Any update on it ? Read More. So, I used the reply option. What Will H-4 EAD Premium Processing Cost? We will update this page as soon as we get any concrete information. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. Unfortunately, you will be responsible for all H-4 fees. The regulations state that your H1B spouse needs to just have an approved I-140. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. Review our. 4. What Is Premium Processing for H4 EAD Through USCIS? USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . This added unnecessary delays and increased processing time by up to 2 years. 2023 AM22Tech| So there is no need to worry about having your petition rejected on that account. 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). It is not a priority for Trump Administration. We do not have the date on when this will be effective. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . The fee for H4 EAD cannot exceed $1,500 USD as per Congress. What is the processing time for H4? [ 67] 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. Its still a long waiting period. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Processing times vary from center to center, but H-4 EAD usually takes a while to process. The text of the rule is not yet available. Is my understanding right. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). a week to ten days to receive your card. 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.