Save my name, email, and website in this browser for the next time I comment. This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. 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. Speak with your immigration attorney to learn how you can best approach your interview. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. 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. We will update this page as soon as we get any concrete information. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . 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 an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! This added unnecessary delays and increased processing time by up to 2 years. One of the biggest advantages of gaining employment authorization through your H-4 status is having unrestricted work authorization which means you are not limited to a specific employer and can even consider self-employment. 2. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Youll need: Additional details regarding the requirements can be found here. 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. How to Check US Visa Status Online? 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. 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. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Will the premium processing for EAD also include L2 EAD? In Washington federal court, H-4 and L-2 spouses are continuing their fight to . Looking for U.S. government information and services? How long does a Request for Evidence take? 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. Visa issued by a foreign consulate. January 23, 2023. If you file separately, then this rule wont apply. (213) 376-3107. The bill included provisions for extensions, changes of status, and work authorization. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. Wait times for processing can be long, which puts strain on families who need both spouses to work. Refer to your receipt notice to find your form, category, and office. . It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. or even an H-1B visa yourself. There is no official information available from USCIS yet. Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. Non-immigrants working in this country heavily rely on work authorization to exist in the United States, and many of them also rely on their spouses income. 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. 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 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. 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). Copy of your passport. Proposed Filing Fee Increases. So youll like to have around 1 year for H4 EAD to be approved. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. The Cohen, Tucker & Ades law firm are compassionate and detail-oriented immigration lawyers who have spent the past 40 years helping immigrants live their lives in America. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. All requests are considered on a case-by-case basis. You will see the status say, sent for printing. 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. 5. Premium processing only applies to certain forms. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). This provision will be effective after USCIS completes the regulatory process. 4. 3. 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. WASHINGTON Today, U.S. Big changes announced by USCIS. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. The rule codifies premium processing fees and adjudication timeframes provided by Congress. . I-140: The new fee is $2500 and the processing time is 15 . You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. The USCIS provided a 540-day auto-extension based on the renewal application. These are just some questions that may or may not appear in your interview. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. This H-4 EAD FAQ series is intended to act as a guideline for filing. 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. File it now, and it will be approved before premium processing is implemented. 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. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. Copy of your marriage certificate. Therefore, you. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. Processing time 15 to 45 days. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Likewise, the EAD expiration date will be when your H-4 status expires. If you have not filed your Form I-907, or have . Visas. If your EAD has expired or will expire within 30 days and youre still waiting on approval, you can call USCIS and request that your application be expedited. 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, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. Birth certificate with photo ID. 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. Can we expect this to be implemented soon or would it take months for USCIS to implement this? Thursday, July 8, 2021. Many households need two incomes in order to make ends meet. USCIS responded by implementing an automatic 180-day extension to H4 EAD. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. What Is Premium Processing for H4 EAD Through USCIS? 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. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. The premium processing clock, when someone. It is set to be $1,750 USD as per regulation. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. If you need to file an H-4 EAD, theres no sense in waiting. The text of the rule is not yet available. Through todays actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. H4 EAD Premium Processing And 2022 Visa Application Guide. The H4 EAD application fee is $410. H4 & EAD premium processing starting May 31, 2022. 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. A U.S. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Contact us for help today. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. USCIS reviews the application and makes a decision. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. As an H4 visa recipient, your visa isnt considered work-related. RN Law group reached court settlement. There is no concrete date given yet. 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 need to be at the screening location at the scheduled date and time. Big winners are H-4 spouses. It can take approx. Pay one Premium fee for H1B, H4, EAD by filing together? 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. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. The premium processing fee for all I-765 applications will be under $1,750. 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. Regulatory . I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. If youre a creative professional, like an author or a musician, you probably work with a record label or a publishing house that pays you for your work. This may have been misleading to some H4 EAD holders who believed they were a part of that group. 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? 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 luck on your side? 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. See the below timeline for additional details. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Improving Access to Employment Authorization Documents, USCIS continues to make progress toward a temporary final rule currently named Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. Divyendu, Yes, H4 EAD will also start in FY 2025. Could you please comment on this one. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. You definitely clarified my doubt. After a long wait, finally, on March 30th, 2022, DHS. 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). Any update when will this be implemented , it is pending since oct 2020. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. 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. It is not advisable to file more than 180 days before this date. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. To work in the US, you must first apply for an employment authorization document (EAD). 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). Unfortunately, you will be responsible for all H-4 fees. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Your H-4 visa status is tied to your H-1B spouses status. This H-4 EAD FAQ series is intended to act as a guideline for filing. 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. It is not advisable to file more than 180 days before this date. The H4 EAD application is filed with USCIS. Any situations not addressed below should be addressed with a qualified immigration attorney. 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. National ID document with photo. Q. Approve of premium processing for H4 EAD NOW! Your personal information is protected by our Privacy Policy. Wait for your Social Security card to arrive (takes about 5-6 weeks). Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. They are prioritizing F1 OPT for Form I-765 in FY 2022. 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. 1. 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. Each . H4 Employment Authorization Document (EAD) I Forms. 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. 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. USCIS has shared a new term called cycle time. Hope my understanding is right. 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 . . Good news for families of foreign nationals working in the US! Hello Anil, I couldnt find a way to post a new message here. 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. EB1-C i-140 premium to start in 2022. Its connected to your spouses or your parents visa. Carl Michael Shusterman. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; What's New on VisaGrader? Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Employment Authorization for Certain H-4 Dependent Spouses | U.S. It can have serious consequences for you and serious consequences for the person who employs you. We expect the announcement to be made in 7-10 days after the president signs it. 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. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Topics. The premium processing time for H4 visa using Form I-539 will be 30 Days. L. No. 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. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. It is not mentioned in the settlement agreement. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? 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. You can check service center H4 EAD, Evidence of a bona fide relationship (i.e., marriage certificate), Additional details regarding the requirements can be found, I-765 Application for Employment Authorization. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. The fee is going up by over $1,000. 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. 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. Therefore, as of today, you cannot premium process your H-4 EAD. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. Below is our H4 visa EAD FAQ series based on information released by USCIS. 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. 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. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS.
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