Good news for families of foreign nationals working in the US! Working without an EAD is illegal. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. This is a hefty sum, but 30 days . Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. No, they said that they will start implementing it for new filing starting Jan 25. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. | 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. It is unclear whether the H4 biometric requirement is going away. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on It can take approx. It is not advisable to file more than 180 days before this date. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. USCIS will no longer accept previous editions of this form. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. Im waiting for Perm and will file I140 in premium. Website. Official identification issued by the government. Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. 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. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. It can have serious consequences for you and serious consequences for the person who employs you. They have to now wait for another 3 years to see any daylight. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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? Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. H4 & EAD premium processing starting May 31, 2022. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Q. Q. USCIS processing times for L2 EAD (Employment Authorization Document) . Thanks. Does that jeopardize H4 EAD or my H1B transfer? If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. Check your inbox to confirm your email and download the free e-book. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. 3. 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. 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. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. The H4 EAD application is filed with USCIS. [ 67] Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Q. This is because the USCIS could potentially send a request for additional information or a. The new card is valid from Jan 2023 till Jan 2025. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Review our. Fortunately, this is not a one-time opportunity. You cannot release it independently while youre in the US. So there is no need to worry about having your petition rejected on that account. The only way to get employment authorization, in this case, is to already have H-4 status. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . 5. 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. This provision will be effective after USCIS completes the regulatory process. 2023 VisaNation, Inc. All Rights Reserved. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Hope my understanding is right. Why US Visa Status on CEAC says Refused for 221g ? 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. 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. H4 EAD PP is not being implemented in near future. This bill contained provisions for H-4 visas to make the process simpler. 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. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. This will incur an H-4 EAD visa fee of $410. 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). This shows how difficult it is to move the dinosaur named USCIS. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; January 23, 2023. 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. 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. . 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. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. 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 final regulation in federal register is effective from May 31st, 2022. 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. 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. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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. Wait for your date to become current 6. 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.. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. You will see the status say, sent for printing. Change US Consulate interview location on DS-160 after Submission? When will this good news go into effect? 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. Select your form, form category, and the office that is processing your case. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? It is set to be $1,750 USD as per regulation. This rule applies to people whose H-4 EAD is pending. Birth certificate with photo ID. USCIS responded by implementing an automatic 180-day extension to H4 EAD. 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. 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. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. H4 EAD. You can now just pay the money instead of begging for timely approval of your EAD. Speak with your immigration attorney to learn how you can best approach your interview. 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 . H-1B visa approvals surge to 97% in fiscal 2021. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. For example, the I-129 H-1B filing . If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Employment Authorization for Certain H-4 Dependent Spouses | U.S. Once Biden administration takes office, they make take it up. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. It is called public law 116 159. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Receiving a request for evidence can surely add time to your case. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. 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. Below is our H4 visa EAD FAQ series based on information released by USCIS. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. Fifteen days to get EAD card. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. 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). RedBus2US.com 2010 - 2023, All Rights Reserved. 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. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Contact us for help today. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Copy of your passport. Copy of your marriage certificate. Learn more by scheduling a consultation today! Dropbox ? 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. Wait for your Social Security card to arrive (takes about 5-6 weeks). But, implementation of the same is going to be by FY 2025. For more help navigating your unique tax situation, seek the assistance of a tax attorney. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . The cost of goods and services is rapidly rising in America due to unchecked inflation. The H4 EAD category C26 is not eligible for the 180 day automatic extension. View Profile. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Thank you so much for the explanations! USCIS should announce the date of the premium processing service start for the new types of applications soon.The bill has just passed Senate on Sep 30, 2020. Immigration Attorney in Los Angeles, CA. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. | Powered by Edge Creative, COHEN, TUCKER & ADES P.C.42 BROADWAY SUITE #310 | NEW YORK | NY | 10004 | UNITED STATES | (212) 840-0050 | INFO@COHENTUCKERLAW.COM As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 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. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . 116-159 . This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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). After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. 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. Avvo Rating: 10. 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. You can raise a request after 75 days to get the latest update. Premium processing only applies to certain forms. The premium processing clock would only commence after the. Readers are responsible for obtaining such advice from their own legal counsel. 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). A .gov website belongs to an official government organization in the United States. 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. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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, 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. Once approved, the EAD will be processed in under 30 days. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. 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. 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. Big changes announced by USCIS. Sorry for that. Employment authorization is incorporated into the visa itself, even for spouses. Its best practice to respond as early as possible and discuss it with your immigration attorney. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. Replace Green Card (I-90 Form) USCIS will also provide premium processing option for H4 EAD applicants. This added unnecessary delays and increased processing time by up to 2 years. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. Could you please comment on this one. However, since then both the cases havent moved any further. 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. Licensed for 49 years. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. Many households need two incomes in order to make ends meet. H4 Employment Authorization Document (EAD) I Forms. To work in the US, you must first apply for an employment authorization document (EAD). See the below timeline for additional details. This is likely due to the pandemic and an increase in requests for immigration benefits as a result of the ongoing conflict in Ukraine and political strife in countries like Haiti and Venezuela. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. 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.