You need to be at the screening location at the scheduled date and time. Select your form, form category, and the office that is processing your case. Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. 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 . So there is no need to worry about having your petition rejected on that account. This will incur an H-4 EAD visa fee of $410. Wait for your date to become current 6. 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 called public law 116 159. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. After approval, it takes another ten days to get approval notice by mail, and approx. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. The H4 EAD application fee is $410. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. A number of documents are necessary when demonstrating proof of eligibility. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Unfortunately, you will be responsible for all H-4 fees. 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). 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. Conclusion Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. 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. Visa Interview ? Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Check your inbox to confirm your email and download the free e-book. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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. An Alter. 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. If you have not filed your Form I-907, or have . Again, this provision will be effective only after USCIS completes the regulatory process. 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. Pay one Premium fee for H1B, H4, EAD by filing together? 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. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. Get all 3 approved in 15 days using premium. Website. Official identification issued by the government. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. 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. There is no concrete date given yet. 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. 3. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. The bill included provisions for extensions, changes of status, and work authorization. Regulatory . The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 2. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. We now wait for DHS. 4. Review our. USCIS reviews the application and makes a decision. 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. 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. Therefore, as of today, you cannot premium process your H-4 EAD. The only way to get employment authorization, in this case, is to already have H-4 status. what time line we can expect to use premium processing option? As an H4 visa recipient, your visa isnt considered work-related. Fifteen days to get EAD card. Share sensitive information only on official, secure websites. These visas in particular also allow dependents to work in the U.S. Keep in mind that changing ones status can be tricky, especially when you have an approved I-140 pending with the USCIS. Weve received many questions regarding qualifications, documentation required, processing procedures and the. 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 . Hello Anil, firstly thanks for posting great information. Once approved, the B2 visitor visa extension should be processed in under 30 days. No, they said that they will start implementing it for new filing starting Jan 25. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. L. No. 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. The good news is that USCIS has just released an updated H4 EAD processing time. EB1-C i-140 premium to start in 2022. 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. Fee varies from $1500-$2500. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. First, the principal. If approved, USCIS sends an approval notice to the applicant. Thursday, July 8, 2021. Immigration Attorney in Los Angeles, CA. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Copy of your passport. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS responded by implementing an automatic 180-day extension to H4 EAD. Therefore, as of today, you cannot premium process your H4 EAD. USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. 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. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. 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. For example, the I-129 H-1B filing . The premium processing clock would only commence after the. All requests are considered on a case-by-case basis. . What Will H-4 EAD Premium Processing Cost? . 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. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. When slow EAD processing times began threatening peoples ability to exist in the United States, USCIS issued the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants. The USCIS provided a 540-day auto-extension based on the renewal application. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form . It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. This is because the USCIS could potentially send a request for additional information or a. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. Hi Anil, Below is our H4 visa EAD FAQ series based on information released by USCIS. Processing time 15 to 45 days. 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. Any update on it ? Divyendu, Yes, H4 EAD will also start in FY 2025. 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. Official websites use .gov Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 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. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. 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. Any situations not addressed below should be addressed with a qualified immigration attorney. 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. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. 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. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. 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. However, they may do so if they choose EAD. 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. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 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. 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. 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. Any update when will this be implemented , it is pending since oct 2020. 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. USCIS will post the text for public inspection at least a day before the rule is officially published. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. Delayed USCIS processing times for H-4 applications will still mean that many individuals with pending H-4 applications will not be able to work past their I-94 expirations even if the automatic EAD extension timeline advances past that timeline. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. But, implementation of the same is going to be by FY 2025. Here is a breakdown of the new USCIS premium processing time and fees. Change US Consulate interview location on DS-160 after Submission? VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. 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. 5. They have to now wait for another 3 years to see any daylight. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. It is planned to be implemented by FY 2025. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . 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. Its best practice to respond as early as possible and discuss it with your immigration attorney. . The H1B Visa stamp that is issued to the individual and stamped in the passport is not employer-specific and continues to be valid even after you move to another employer until the Expiration Date on it. 1. This website is a public resource of general information which is intended, but not promised or guaranteed, to be complete, accurate, and up-to-date. You can check service center H4 EAD processing times here. 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. File it now, and it will be approved before premium processing is implemented. The date of your EAD will, be valid from the date your I-765 is adjudicated or the date in which you acquire H-4 status (whichever is later). Hi, will there be a 60-day comment period post publication of the rule in the federal register? 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.