In a situation like that, you need to know what your alternatives are. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. 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. A reputable employer would never offer to employ you without an EAD. As noted in the rule's preamble: . 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. Just saw this status for the bill. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD. Below are the screenshots that indicate the same. 5. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. | 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 . Hello Anil, firstly thanks for posting great information. You cannot release it independently while youre in the US. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . Check your inbox to confirm your email and download the free e-book. Yes, you can. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Your H-4 visa status is tied to your H-1B spouses status. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. If you file separately, then this rule wont apply. I-140: The new fee is $2500 and the processing time is 15 . 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. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . 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. 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. 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. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. You can return home and perform temporary work in your home country. However, the situation is different for the H-4. USCIS processing times for L2 EAD (Employment Authorization Document) . 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. 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. The job you are filling must be permanent and not seasonal. 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. The H4 EAD category C26 is not eligible for the 180 day automatic extension. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. EB1-C i-140 premium to start in 2022. Learn more by scheduling a consultation today! 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. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. 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. Premium processing benefits have been extended to other forms. Divyendu, Yes, H4 EAD will also start in FY 2025. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. 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 . The H4 EAD application is filed with USCIS. Will having EAD cards or petition approvals with gaps in the start and The applicant then pays the premium processing fee. 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. This shows how difficult it is to move the dinosaur named USCIS. It is also a violation of your nonimmigrant status. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. Can we expect this to be implemented soon or would it take months for USCIS to implement this? 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. H4 EAD PP is not being implemented in near future. 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. File H1B transfer while H4EAD pending with USCIS - TruVisa There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. USCIS responded by implementing an automatic 180-day extension to H4 EAD. These are their internal goals which are quite ambitious given the current pathetic situation. 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. DHS hopes to have H-4 EAD premium processing available by the year 2025. . This added unnecessary delays and increased processing time by up to 2 years. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Copy of your passport. Thanks. It was with the Office of Management and Budget (OMB) for a long time until February 2022. This bill contained provisions for H-4 visas to make the process simpler. 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. The regulations state that your H1B spouse needs to just have an approved I-140. USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Contact us for help today. 4. Employment authorization is incorporated into the visa itself, even for spouses. Other EAD categories (not H4) are eligible for the 180-day extension. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. So there is no need to worry about having your petition rejected on that account. 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. 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. A, We need to wait. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. It is not advisable to file more than 180 days before this date. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Updated: Settlement Changes USCIS Recognition Of Work - Mondaq Please comment on this one. These are just some questions that may or may not appear in your interview. 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. See the below timeline for additional details. This is much better than filing court litigations or losing a job. However, there are stipulations to the rule that must be taken into consideration when applying. No, they said that they will start implementing it for new filing starting Jan 25. They have to now wait for another 3 years to see any daylight. . The premium processing time for H4 visa using Form I-539 will be 30 Days. First, the principal. File it now, and it will be approved before premium processing is implemented. If youre a hobby baker who makes cakes for friends or family or makes clothes or crafts to sell online, you still need an EAD to do it. 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. Yes. You definitely clarified my doubt. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. The good news is that USCIS has just released an updated H4 EAD processing time. See the below screenshot for both H4 and H4 EAD premium processing details. The rule codifies premium processing fees and adjudication timeframes provided by Congress. We expect the announcement to be made in 7-10 days after the president signs it. HR EAD Premium Processing Explained - Cohen, Tucker & Ades How Do I Request Premium Processing? | USCIS The settlement was specifically to return to concurrent adjudication when filed together. Any updates on H4 EAD premium processing? USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. This is done the way that you would get a renewed card. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. RedBus2US.com 2010 - 2023, All Rights Reserved. Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs - Murthy VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. You need to be at the screening location at the scheduled date and time. No. a week to ten days to receive your card. They have plans to implement premium processing, but the plans arent immediate. 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 will consider expediting requests for people who work in cultural or religious nonprofit roles, people who work for or in the interest of the U.S. government, and people who are critical, key workers in their workplace. It is called public law 116 159. 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. Once approved, the EAD will be processed in under 30 days. Receiving a request for evidence can surely add time to your case. 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. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. Just file a new I-765 along with the filing fee to replace your card. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. This added unnecessary delays and increased processing time by up to 2 years. 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. N-400: Application for Naturalization; Useful Info. 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. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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. 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. Congress Approves Massive I-907 Premium Processing Fee Rise Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. H4 EAD Premium Processing News: Planned for FY 2025, $1500 Fee. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Youll need: Additional details regarding the requirements can be found here. Is my understanding right. USCIS Suspends Biometric Screening For H4 EAD Applicants - Stilt Blog 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. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. 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. Approve of premium processing for H4 EAD NOW! Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. OMB review is the last step in the rulemaking process before U.S. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. 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. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. Topics. 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%. The USCIS provided a 540-day auto-extension based on the renewal application. It is not mentioned in the settlement agreement. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. 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. This may have been misleading to some H4 EAD holders who believed they were a part of that group. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . "USCIS will issue policy guidance that states L-2 spouses are employment authorised, incident to status, and in cooperation with CBP, change the Form I-94, within . Share sensitive information only on official, secure websites. How much time will it take to make it a law? On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Current EAD Processing Time 2022 - H4, L2, I-485 Green Card - USA (2023) Complete Guide to the H4 Visa in the U.S. My current company has filed my H1B extension on October end but recently my spouse has to change his status to H4 and he filed earlier this week. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. This is a hefty sum, but 30 days . H-4 Visa in 2023 | Processing Time, EAD Work Permit, Application This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Not sure which option is right for you? USCIS H4 EAD Processing Time - Hacking Immigration Law, LLC. H-4 visa spouses need an EAD to work in the United States and contribute to their household. The fee will vary from $1500 to $2500 for other types of applications. What Is Premium Processing for H4 EAD Through USCIS? After approval, it takes another ten days to get approval notice by mail, and approx. What Will H-4 EAD Premium Processing Cost? 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. Conclusion Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . 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.
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