The rule codifies premium processing fees and adjudication timeframes provided by Congress. USCIS premium processing will NOT be available for H4, EAD until FY 2025. You definitely clarified my doubt. No, not possible at the moment. Secure .gov websites use HTTPS 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. Fee varies from $1500-$2500. Can we expect this to be implemented soon or would it take months for USCIS to implement this? There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. 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 . Q. COMPLETE guide to H4 EAD Extensions during COVID-19 [2022] - Stilt Blog Hi, will there be a 60-day comment period post publication of the rule in the federal register? 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. USCIS will also provide premium processing option for H4 EAD applicants. 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. RN Law group reached court settlement. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. USCIS H4 EAD Premium Processing. 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. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Yes, you can. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . The good news is that USCIS has just released an updated H4 EAD processing time. 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. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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. USCIS rules have recently fluctuated for H1B premium processing availability. Your H-4 visa status is tied to your H-1B spouses status. File it now, and it will be approved before premium processing is implemented. As noted in the rule's preamble: . Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. USCIS Suspends Biometric Screening For H4 EAD Applicants - Stilt Blog DHS hopes to have H-4 EAD premium processing available by the year 2025. 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). H4 Employment Authorization Document (EAD) I Forms. The H4 EAD application fee is $410. You will see the status say, sent for printing. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. You can see a line-by-line breakdown of the individual components of this in the chart further down. Will there be premium processing for GC EAD as well? This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. How to Check US Visa Status Online? 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. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. First, the principal. The first and most viable solution is to obtain a work visa yourself. As of now waiting for Perm, will file I140 in premium. Q. 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. We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. Since the Biden administration took office, they have not acted on implementing this for a long time. See the timeline and screenshots. Most probably, early next year, USCIS will start premium processing for H4 EAD. EB1-C i-140 premium to start in 2022. [ 67] The Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. 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. AM22Tech - H4 EAD premium processing coming soon - Facebook Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. 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. Licensed for 49 years. 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. what time line we can expect to use premium processing option? After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. Thursday, July 8, 2021. 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. They are prioritizing F1 OPT for Form I-765 in FY 2022. Once Biden administration takes office, they make take it up. 2023 AM22Tech| 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. Any idea when OMB will process this request. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. Once OMB approves it. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. This added unnecessary delays and increased processing time by up to 2 years. It was with the Office of Management and Budget (OMB) for a long time until February 2022. 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. Congress Approves Massive I-907 Premium Processing Fee Rise The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. You cant legally work without an EAD unless youre in the United States on a work-specific visa. The fee will vary from $1500 to $2500 for other types of applications. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. 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. This will incur an H-4 EAD visa fee of $410. Big changes announced by USCIS. 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. 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 processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. i485 EAD processing time is 2 to 6 months at the National benefits center. 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. 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. You can check service center H4 EAD processing times here. H-4 Visa in 2023 | Processing Time, EAD Work Permit, Application This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. | 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 See the below screenshot for both H4 and H4 EAD premium processing details. Premium processing only applies to certain forms. 2. Therefore, as of today, you cannot premium process your H4 EAD. It can have serious consequences for you and serious consequences for the person who employs you. 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 . Review our. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. The H-4 EAD premium processing takes about two weeks. 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. An Alternative to Premium Processing: Submit an Expedite . H4 EAD Premium Processing - Facts, News Updates, And More 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. What Will H-4 EAD Premium Processing Cost? Many people wait up to a full year for their documents to be processed. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Immigration Attorney in Los Angeles, CA. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. us visa: US court grants relief for L2, H4 immigrant spouses seeking As per the final rule published (29 Mar 2022), USCIS will NOT be able to start premium processing for H4 and H4 EAD until 30 Sep 2024. Update I94 on already applied H4EAD - H4 Visa - RedBus2US Community What's worse, if concurrently filing the H-4 EAD renewal . H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. After a long wait, finally, on March 30th, 2022, DHS. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. This shows how difficult it is to move the dinosaur named USCIS. Fee varies from $1500-$2500. Hope my understanding is right. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. Any idea when this will in effect. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. So, I used the reply option. USCIS has acknowledged that their backlog of applications to be processed is significant. Its best practice to respond as early as possible and discuss it with your immigration attorney. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 4. So there is no need to worry about having your petition rejected on that account. USCIS hasproposedsubstantial government filing fee increases for 2023. 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. Youll need: Additional details regarding the requirements can be found here. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. 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. 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. 116-159 . 2023 VisaNation, Inc. All Rights Reserved. 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. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. H4 & EAD premium processing starting May 31, 2022. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. H4 EAD VISA NEWS - The Economic Times Below are the screenshots of the official text in the regulation that talks about it. Signed by President on 1st October. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Neither your employer nor your spouses employer is obligated to pay them. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS The premium processing time for H4 visa using Form I-539 will be 30 Days. You can now just pay the money instead of begging for timely approval of your EAD. Basically, the outdated immigration system is forcing you to spend the money either by paying a premium fee or paying lawyers for filing court cases. 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). 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. h1b filing fees uscis - Changing-stories.org Does that jeopardize H4 EAD or my H1B transfer? The job you are filling must be permanent and not seasonal. Wait times for processing can be long, which puts strain on families who need both spouses to work. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. 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. How long does it take once USCIS approves my H4 EAD before I receive a card? Your personal information is protected by our Privacy Policy. 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 move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. For example, the I-129 H-1B filing . It is set to be $1,750 USD as per regulation. 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. What does that mean? . How much time will it take to make it a law? The premium processing service will set you back $1,500. Terms of Service H4 EAD Premium Processing - Not Available Until 2025 (Sad News 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. USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim We will update this page as soon as we get any concrete information. Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs - Murthy (213) 376-3107. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. 4. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. 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. These are their internal goals which are quite ambitious given the current pathetic situation. With that being said, it shouldnt be an issue if it was filed by a previous employer. We do not have the date on when this will be effective. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Official identification issued by the government. Official websites use .gov 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. For more help navigating your unique tax situation, seek the assistance of a tax attorney. Updated: Settlement Changes USCIS Recognition Of Work - Mondaq 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 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. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. USCIS will no longer accept previous editions of this form. Again, this provision will be effective only after USCIS completes the regulatory process. USCIS reviews the application and makes a decision. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). I dont see anything anywhere. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 from October 2020 to September this year was 97.3%. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim.