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. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. The H4 EAD category C26 is not eligible for the 180 day automatic extension. 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. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. She will lose job in another 2 months. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. I recently renewed my green card EAD; the first EAD card expired on 04/2019. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. Any update when will this be implemented , it is pending since oct 2020. However, the situation is different for the H-4. Nothing in this website is to be considered as either creating an attorney-client relationship between the reader and Fragomen or as rendering legal advice for any specific matter. 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 . Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . 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. Is premium processing available for H4 EAD? 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. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. The applicant then pays the premium processing fee. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 3. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. A, We need to wait. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. DHS hopes to have H-4 EAD premium processing available by the year 2025. 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. H4 EAD. Once OMB approves it. 4. 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. Although, this did not extend to H4 benefits. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. i485 EAD processing time is 2 to 6 months at the National benefits center. [ 67] 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. You can raise a request after 75 days to get the latest update. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. View Profile. 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. No, they said that they will start implementing it for new filing starting Jan 25. Any luck on your side? 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. Contact Us. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. The H4 EAD application is filed with USCIS. what time line we can expect to use premium processing option? March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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.. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. H-1B visa approvals surge to 97% in fiscal 2021. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. We will update here if new information is made available for this. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. WASHINGTON Today, U.S. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . Hello Anil, firstly thanks for posting great information. 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. Save my name, email, and website in this browser for the next time I comment. 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. Request a confidential consultation today. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. This is a hefty sum, but 30 days . 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. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. Employment authorization is incorporated into the visa itself, even for spouses. USCIS premium processing will NOT be available for H4, EAD until FY 2025. You must release your work exclusively through a company outside of the United States. But its still good news for us. Fee varies from $1500-$2500. 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. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. No. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Unfortunately, premium processing is not available for Form I-765. 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. . USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Not sure which option is right for you? The H-1B visa holder must have a status . To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. 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. The premium processing clock, when someone. Fee varies from $1500-$2500. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. Your H-4 visa status is tied to your H-1B spouses status. Therefore, as of today, you cannot premium process your H-4 EAD. National ID document with photo. It is called public law 116 159. January 23, 2023. Theyll each have different information that would be relevant to your situation. What's New on VisaGrader? Refer to your receipt notice to find your form, category, and office. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. This shows how difficult it is to move the dinosaur named USCIS. See the below screenshot for both H4 and H4 EAD premium processing details. A year is a very long time to wait for a household that needs additional income to pay the bills. How to Check US Visa Status Online? https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing Its still a long waiting period. 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. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. 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. 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. USCIS responded by implementing an automatic 180-day extension to H4 EAD. How long have you and your spouse been married? 1. A U.S. Conclusion H4 EAD Premium Processing And 2022 Visa Application Guide. Terms of Service Any situations not addressed below should be addressed with a qualified immigration attorney. 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. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. 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. Any update on it ? The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Processing times for Form I-526 are typically based on an analysis of the . any updates after the new govt is in power now? If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. The only way to get employment authorization, in this case, is to already have H-4 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. 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. Does anyone know if this is a Interim Rule or Direct Final Rule? Many households need two incomes in order to make ends meet. Wait for your Social Security card to arrive (takes about 5-6 weeks). Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. It can have serious consequences for you and serious consequences for the person who employs you. Official websites use .gov H4 Employment Authorization Document (EAD) I Forms. I had filed for renewal before the expiration. Its connected to your spouses or your parents visa. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. The premium processing time for H4 EAD application cannot exceed 30 days. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. 4. Copy of your marriage certificate. 5. USCIS Processing Times Visa Approvals Rates Login. USCIS has acknowledged that their backlog of applications to be processed is significant. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. 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. 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? As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. L2 EAD. This will incur an H-4 EAD visa fee of $410. 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. or even an H-1B visa yourself. 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. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. 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. 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 . Carl Michael Shusterman. File it now, and it will be approved before premium processing is implemented. L. No. Divyendu, Yes, H4 EAD will also start in FY 2025. So there is no need to worry about having your petition rejected on that account. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? Q. 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. So youll like to have around 1 year for H4 EAD to be approved. Processing time 15 to 45 days. Since the Biden administration took office, they have not acted on implementing this for a long time. This fee increase applies to all categories that have premium processing before August 1, 2020. Processing times vary from center to center, but H-4 EAD usually takes a while to process. 2023 AM22Tech| This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. Oct 1, 2020 - President Trump signs Bill HR 8337 into law.
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