However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. Hello Anil, I couldnt find a way to post a new message here. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. A year is a very long time to wait for a household that needs additional income to pay the bills. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. 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. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Contact Us. 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. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. 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. (213) 376-3107. Please comment on this one. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). For example, the I-129 H-1B filing . H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. 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. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. I dont see anything anywhere. Yes. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. Will the premium processing for EAD also include L2 EAD? 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%. EB1-C i-140 premium to start in 2022. Therefore, as of today, you cannot premium process your H-4 EAD. 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. 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. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. How to Check US Visa Status Online? An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. 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. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. 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. Im waiting for Perm and will file I140 in premium. 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. 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. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. The good news is that USCIS has just released an updated H4 EAD processing time. 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. 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. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. 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 . You can raise a request after 75 days to get the latest update. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. 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. Any updates on H4 EAD premium processing? Hello Anil, firstly thanks for posting great information. Hi Anil, However, there are stipulations to the rule that must be taken into consideration when applying. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. To deny a work permit for a LEGAL . 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. 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). USCIS has shared a new term called cycle time. USCIS will post the text for public inspection at least a day before the rule is officially published. H4 EAD Premium Processing And 2022 Visa Application Guide. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . 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 reviews the application and makes a decision. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. The first and most viable solution is to obtain a work visa yourself. The rule codifies premium processing fees and adjudication timeframes provided by Congress. This is because the USCIS could potentially send a request for additional information or a. The premium processing clock would only commence after the. No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. 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. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. 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. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. So is it a problem only for new EAD applications? Its only applicable if the H4 and/or EAD are applied with H1B at the same time. It is planned to be implemented by FY 2025. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. You must release your work exclusively through a company outside of the United States. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. 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. After a long wait, finally, on March 30th, 2022, DHS. This rule applies to people whose H-4 EAD is pending. Any idea when this will in effect. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . 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. Its still a long waiting period. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. 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? The premium processing time for H4 EAD application cannot exceed 30 days. They have to now wait for another 3 years to see any daylight. 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. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. 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. 2023 Cohen, Tucker & Ades P.C. There is no guarantee that USCIS will expedite your EAD processing once you ask. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. National ID document with photo. Looking for U.S. government information and services? Q. 6. 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. What Will H-4 EAD Premium Processing Cost? OMB review is the last step in the rulemaking process before U.S. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. Thursday, July 8, 2021. Investments arent considered employment. As of now waiting for Perm, will file I140 in premium. L. No. USCIS will also provide premium processing option for H4 EAD applicants. No. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. Contact us for help today. The text of the rule is not yet available. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. USCIS processes the petition, which can take several months. Sorry for that. 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. 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. 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. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Dropbox ? 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. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. Is my understanding right. 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. The applicant then pays the premium processing fee. Any new updates on H4, H4 EAD premium processing? Youll need: Additional details regarding the requirements can be found here. Read: USCIS opens H-1B registration for FY 2023 on March 1 (January 29, 2022) Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 . A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee.