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? Most probably, early next year, USCIS will start premium processing for H4 EAD. 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. 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). Thanks. 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? At the same time, I file for H1B transfer to a new employer. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. 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. A U.S. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Investments arent considered employment. Any idea when this will in effect. All you need to do is complete Form I-765 and submit it to US Citizenship and Immigration Services (USCIS) along with other documentation and the required fee. The bill was signed into law by president on Oct 1, 2020. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. This is much better than filing court litigations or losing a job. Is my understanding right. There is no concrete date given yet. 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. The premium processing fee for H4 visa extensions and change of status(COS) using form I-539 form is going to be $1,750, The premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. Other EAD categories (not H4) are eligible for the 180-day extension. It was with the Office of Management and Budget (OMB) for a long time until February 2022. You can return home and perform temporary work in your home country. Biometric Appointment in Premium Processing Cases? Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Visa issued by a foreign consulate. They have a thorough knowledge of the H-1B process and this new EAD rule. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. 1. USCIS hasproposedsubstantial government filing fee increases for 2023. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. To deny a work permit for a LEGAL . After approval, it takes another ten days to get approval notice by mail, and approx. These are just some questions that may or may not appear in your interview. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. The H4 EAD category C26 is not eligible for the 180 day automatic extension. It is not a priority for Trump Administration. Contact us for help today. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. 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. Visa Interview ? 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. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. USCIS will also provide premium processing option for H4 EAD applicants. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. We will update here if new information is made available for this. As the lawmakers note, the USCIS could charge up to $1,400 for each application, and this revenue could pay for the additional expense of having to expedite the processing of these cases. The USCIS provided a 540-day auto-extension based on the renewal 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. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? 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). Divyendu, Yes, H4 EAD will also start in FY 2025. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. 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. You can now just pay the money instead of begging for timely approval of your EAD. As of now, we do not have the text published for the same. Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. No, not possible at the moment. 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. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. It can have serious consequences for you and serious consequences for the person who employs you. 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. National ID document with photo. 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. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. any updates after the new govt is in power now? It can take approx. 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. Their spouse is allowed to remain with them in the country throughout the duration of their H1-B status, but they arent automatically authorized to work. EB1-C i-140 premium to start in 2022. At present, there is no option for H4 EAD extension premium processing. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! A, We need to wait. Could you please comment on this one. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. The premium processing time for H4 visa using Form I-539 will be 30 Days. Review our. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. An Alter. 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. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. 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. 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. USCIS will expand premium processing for Forms I-539 (application to change/extend status), I-765 (application for employment authorization) and I-140 (immigrant petition for alien work) as soon . 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. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. As noted in the rule's preamble: . WASHINGTON Today, U.S. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. However, getting an H4 can be a complex process. However, the situation is different for the H-4. What is the current processing time of application filed in vermont SVC ? The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. 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. . H4 EAD PP is not being implemented in near future. Dropbox ? Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. A number of documents are necessary when demonstrating proof of eligibility. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). This added unnecessary delays and increased processing time by up to 2 years. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. The H4 EAD application is filed with USCIS. A copy of Form I-94 showing admission of H-4 status. All requests are considered on a case-by-case basis. USCIS reviews the application and makes a decision. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. Q. 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. Any update when will this be implemented , it is pending since oct 2020. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. N-400: Application for Naturalization; Useful Info. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. It is not mentioned in the settlement agreement. Share sensitive information only on official, secure websites. "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 . This would violate the EAD rules. This H-4 EAD FAQ series is intended to act as a guideline for filing. Why US Visa Status on CEAC says Refused for 221g ? CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. 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. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Any updates on H4 EAD premium processing? Q. 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. Thanks. 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. 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. A copy of your last EAD. No. A key worker is someone whose employment makes the normal operation of a workplace possible. 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. 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 move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. It is not advisable to file more than 180 days before this date. Your spouse can obtain citizenship in the U.S. after obtaining their green card and then sponsor you for a marriage-based green card for a much faster process. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. . 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. Employment Authorization for Certain H-4 Dependent Spouses | U.S. Pay one Premium fee for H1B, H4, EAD by filing together? 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. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. The rule codifies premium processing fees and adjudication timeframes provided by Congress. They have to now wait for another 3 years to see any daylight. Request a confidential consultation today. 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 processes the petition, which can take several months. RN Law group reached court settlement. The premium processing service will set you back $1,500. 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. Below is our H4 visa EAD FAQ series based on information released by USCIS. The settlement was specifically to return to concurrent adjudication when filed together. 447 reviews. Weve received many questions regarding qualifications, documentation required, processing procedures and the. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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. 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. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. . The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. Therefore, you must be in the U.S. to apply. Wait for your Social Security card to arrive (takes about 5-6 weeks). Any update on it ? This fee increase applies to all categories that have premium processing before August 1, 2020. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). If approved, USCIS sends an approval notice to the applicant. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. They are prioritizing F1 OPT for Form I-765 in FY 2022.