I have y wife h4 pending for 4 months. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. 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 premium processing fee for all I-765 applications will be under $1,750. Is the premium process option available for H4 EAD? - Quora Any new updates on H4, H4 EAD premium processing? USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. First, the principal H-1B worker 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). H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. 5. 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. Premium Processing for H-4 Applications, EADs, and More may be - Murthy Learn more by scheduling a consultation today! In a situation like that, you need to know what your alternatives are. This temporary increase in the auto-extension period will end on Oct 26, 2023. Your relationship to the H-1B immigrant. No. Its still a long waiting period. But, implementation of the same is going to be by FY 2025. As an H4 visa recipient, your visa isnt considered work-related. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. H4 EAD. It is not advisable to file more than 180 days before this date. COMPLETE guide to H4 EAD Extensions during COVID-19 [2022] - Stilt Blog The H-4 EAD premium processing takes about two weeks. USCIS may introduce premium processing for H-1B spouses - Events 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. H-4 visa spouses need an EAD to work in the United States and contribute to their household. You can request expedited processing if you can demonstrate to USCIS that you would sustain a financial loss or urgent medical situation related to the processing of your H4 EAD status. You will see the status say, sent for printing. It is not advisable to file more than 180 days before this date. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. 2. I recently renewed my green card EAD; the first EAD card expired on 04/2019. 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. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. Divyendu, Yes, H4 EAD will also start in FY 2025. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. H4-EAD Premium Processing Time - TaxUni Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. This will incur an H-4 EAD visa fee of $410. For example, the I-129 H-1B filing . Thanks. Therefore, you. L. No. or even an H-1B visa yourself. 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. 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. AM22Tech - H4 EAD premium processing coming soon - Facebook Signed by President on 1st October. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. Proposed Filing Fee Increases. Quarles & Brady LLP Attorneys at Law Its best practice to respond as early as possible and discuss it with your immigration attorney. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. If you file separately, then this rule wont apply. All requests are considered on a case-by-case basis. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. Can I apply for H1B extension along with h4 change of status and h4 ead It is called public law 116 159. USCIS H4 EAD Processing Time - Hacking Immigration Law, LLC. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. How long does a Request for Evidence take? 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. 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. Fee varies from $1500-$2500. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. N-400: Application for Naturalization; Useful Info. 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. Just saw this status for the bill. USCIS reviews the application and makes a decision. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS To qualify for an EB-1, you need to be an outstanding researcher or professor or you must be an executive or manager in a multinational company. She will lose job in another 2 months. As per the final rule published (29 Mar 2022), USCIS will NOT be able . According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. Birth certificate with photo ID. 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. 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. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. 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. A final rule titled Implementation of the Emergency Stopgap USCIS Stabilization Act was published in the Federal Register at 87 FR 18227 (March 30, 2022). Does that jeopardize H4 EAD or my H1B transfer? What is the processing time for H4? 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. 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. 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. 4. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Fee varies from $1500-$2500. Once Biden administration takes office, they make take it up. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. 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. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. USCIS hasproposedsubstantial government filing fee increases for 2023. So there is no need to worry about having your petition rejected on that account. How Early Can I File My H-4 and H-4 EAD Renewals? 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. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. 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. 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. The applicant then pays the premium processing fee. Current USCIS Processing Times by Service Center This is much better than filing court litigations or losing a job. If you were to help others make investments or engage in Forex trading, you would technically be working. Q. How Do I Request Premium Processing? | USCIS H-4 EAD Premium Processing Update - Sam Shihab & Associates, LLC 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. You can see a line-by-line breakdown of the individual components of this in the chart further down. Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. No, not possible at the moment. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 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 . Yes, you can. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . 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. i485 EAD processing time is 2 to 6 months at the National benefits center. We will update here if new information is made available for this. The final regulation in federal register is effective from May 31st, 2022. This added unnecessary delays and increased processing time by up to 2 years. It is also a violation of your nonimmigrant status. 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. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. H4 ead premium processing - Admit School Please contact us at INFO@COHENTUCKERLAW.COM with any questions. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. It is set to be $1,500 USD as per regulation. Processing time 15 to 45 days. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). However, they may do so if they choose EAD. Any situations not addressed below should be addressed with a qualified immigration attorney. 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. 4. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. What Is Premium Processing for H4 EAD Through USCIS? As of now waiting for Perm, will file I140 in premium. But its still good news for us. | 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. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. USCIS Again Bundles H-4, L-2 And EAD Applications With H-1B And L-1 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). It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. The H4 EAD category C26 is not eligible for the 180 day automatic extension. Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.. 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. 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. 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. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. 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. 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. We will update this page as soon as we get any concrete information. 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. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. Your personal information is protected by our Privacy Policy. They have to now wait for another 3 years to see any daylight. Get all 3 approved in 15 days using premium. Theyre misleading you and likely taking advantage of you. USCIS H4 EAD Premium Processing. USCIS premium processing will NOT be available for H4, EAD until FY 2025. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. H4 EAD Premium Processing - Facts, News Updates, And More The good news is that USCIS has just released an updated H4 EAD processing time. 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. It can take approx. Inordinate delay in processing of H-4 work - Times of India Q. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. Immigration Attorney in Los Angeles, CA. A .gov website belongs to an official government organization in the United States. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . USCIS Final Rule Implements Premium Processing Provisions of - NAFSA To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. Official identification issued by the government. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. DHS hopes to have H-4 EAD premium processing available by the year 2025. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. See the timeline and screenshots. 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. H4 EAD Premium Processing And 2022 Visa Application Guide. However, there are stipulations to the rule that must be taken into consideration when applying. Implementation of the Emergency Stopgap USCIS Stabilization Act 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. This website is not sponsored or associated with any particular linked entity unless so stated. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. Will having EAD cards or petition approvals with gaps in the start and Visa Interview ? The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 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. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Thanks. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. Effective May 17, 2021, U.S. After approval, it takes another ten days to get approval notice by mail, and approx. Secure .gov websites use HTTPS This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. So, I used the reply option. A, We need to wait. They have a thorough knowledge of the H-1B process and this new EAD rule. Good news for families of foreign nationals working in the US! USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 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. The settlement was specifically to return to concurrent adjudication when filed together. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. WASHINGTON Today, U.S. Licensed for 49 years. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. Promise Kept? USCIS Showing Signs of Improving Immigration Processing Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. H4 EAD Premium Processing And 2022 Visa Application Guide Current EAD Processing Time 2022 - H4, L2, I-485 Green Card - USA (2023) It can be a tricky situation if you want to work outside the country without an EAD. 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? Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. 3. Does anyone know if this is a Interim Rule or Direct Final Rule? 4. Unfortunately, you will be responsible for all H-4 fees. 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 . Q. 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.