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. EB2 Priority Date; USCIS Form Processing Times; NVC Case Status; Priority Dates; H1B Premium Processing; Breaking Down the Credit Score; Passport Books versus Passport Cards; U.S . Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. . 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 will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Thanks. The text of the rule is not yet available. An Alter. 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. 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. 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. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. The good news is that USCIS has just released an updated H4 EAD processing time. 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. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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. Its still a long waiting period. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. Learn more by scheduling a consultation today! Dropbox ? As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. 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. 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. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Change US Consulate interview location on DS-160 after Submission? 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. You must release your work exclusively through a company outside of the United States. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 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. Processing time 15 to 45 days. What Will H-4 EAD Premium Processing Cost? Thanks. USCIS reviews the application and makes a decision. H-1B visa approvals surge to 97% in fiscal 2021. USCIS processing times for L2 EAD (Employment Authorization Document) . Premium processing only applies to certain forms. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. In order to qualify for employment authorization documents, there are two main criteria. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. Q. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. How to Check US Visa Status Online? Biometric Appointment in Premium Processing Cases? Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . EB1-C i-140 premium to start in 2022. 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. January 23, 2023. How long does it take once USCIS approves my H4 EAD before I receive a card? Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Request a confidential consultation today. Thanks. Any idea when OMB will process this request. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. Youll need: Additional details regarding the requirements can be found here. Q. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. The fee is going up by over $1,000. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. 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? Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Complete Guide to the H4 Visa in the U.S. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. what time line we can expect to use premium processing option? We now wait for DHS. Theyll each have different information that would be relevant to your situation. This will incur an H-4 EAD visa fee of $410. If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. 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 . 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 Processing Times Visa Approvals Rates Login. No, not possible at the moment. The premium processing time for H4 visa using Form I-539 will be 30 Days. Each . 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. a week to ten days to receive your card. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, Form I-129, Petition for a Nonimmigrant Worker, Form I-140, Immigrant Petition for Alien Workers, Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization. H-4 visa spouses need an EAD to work in the United States and contribute to their household. Any updates on H4 EAD premium processing? No. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. 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. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. Citizenship and Immigration Services (USCIS) final rule that would expand premium processing to include additional case types has cleared the Office of Management and Budget, putting it closer to publication and implementation. 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. I fear my wife is going to lose her job since EAD expires end of October. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. Why US Visa Status on CEAC says Refused for 221g ? Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Does anyone know if this is a Interim Rule or Direct Final Rule? 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. Sorry for that. Immigration Attorney in Los Angeles, CA. At the same time, I file for H1B transfer to a new employer. 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. Wait times for processing can be long, which puts strain on families who need both spouses to work. any updates after the new govt is in power now? 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. Just saw this status for the bill. Other EAD categories (not H4) are eligible for the 180-day extension. Investments arent considered employment. The H4 EAD category C26 is not eligible for the 180 day automatic extension. Im waiting for Perm and will file I140 in premium. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. A copy of Form I-94 showing admission of H-4 status. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. Does that jeopardize H4 EAD or my H1B transfer? 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. Hello Anil, firstly thanks for posting great information. Employment Authorization for Certain H-4 Dependent Spouses | U.S. A copy of your last EAD. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. Check your inbox to confirm your email and download the free e-book. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. Conclusion Wait for your date to become current 6. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. H4 EAD Premium Processing And 2022 Visa Application Guide. Copy of your marriage certificate. Most probably, early next year, USCIS will start premium processing for H4 EAD. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. The bill was signed into law by president on Oct 1, 2020. 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. What is the current processing time of application filed in vermont SVC ? USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . how long it take effective ? If you file separately, then this rule wont apply. Fortunately, this is not a one-time opportunity. View Profile. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. After a long wait, finally, on March 30th, 2022, DHS. It was with the Office of Management and Budget (OMB) for a long time until February 2022. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. Again, this provision will be effective only after USCIS completes the regulatory process. Can we expect this to be implemented soon or would it take months for USCIS to implement this? In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. So is it a problem only for new EAD applications? 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. Any update on it ? Processing times for Form I-526 are typically based on an analysis of the . Below are the screenshots that indicate the same. USCIS will also provide premium processing option for H4 EAD applicants. Divyendu, Yes, H4 EAD will also start in FY 2025. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. So, I used the reply option. 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. Get all 3 approved in 15 days using premium. To work in the US, you must first apply for an employment authorization document (EAD). 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. 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. 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. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. Any luck on your side? Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. 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. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. USCIS has shared a new term called cycle time. 2023 AM22Tech| How long have you and your spouse been married? 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. Will the premium processing for EAD also include L2 EAD? First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. RN Law group reached court settlement. 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. Alternatively, your spouse can attempt to change his or her nonimmigrant status to a visa that permits spouses to work such as the O or E class visas. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. The USCIS says on its site that, as long as you are still eligible for employment under the H-4 visa (meaning that your H-1B spouse still has an I-140 petition approved with the USCIS), then you can file a new I-765 form within 180 days of your EADs expiration. 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. USCIS should share more details on how the premium processing will work for H4, L2, and F extension cases when the biometric is an important step in the middle. It is not advisable to file more than 180 days before this date. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. DHS hopes to have H-4 EAD premium processing available by the year 2025. 6. Thanks. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. A U.S. If approved, USCIS sends an approval notice to the applicant. 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. 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. Once approved, the B2 visitor visa extension should be processed in under 30 days. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. [ 67] However, getting an H4 can be a complex process. You will see the status say, sent for printing. For more help navigating your unique tax situation, seek the assistance of a tax attorney. This H-4 EAD FAQ series is intended to act as a guideline for filing. She will lose job in another 2 months. There is no concrete date given yet. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. Readers are responsible for obtaining such advice from their own legal counsel. The H-4 EAD premium processing takes about two weeks. 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. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. 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. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. USCIS processes the petition, which can take several months. 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. 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. Terms of Service An Alternative to Premium Processing: Submit an Expedite . To get the H4 and EAD approval quickly, do this: File H1B extension/transfer/Change of status, H4, and H4 EAD in the same package (at the same time). 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. National ID document with photo.