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 fee increase applies to all categories that have premium processing before August 1, 2020. 3. Any updates on H4 EAD premium processing? We will update here if new information is made available for this. Will there be premium processing for GC EAD as well? No. 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. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. You definitely clarified my doubt. To deny a work permit for a LEGAL . Thanks. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. 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. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. You must release your work exclusively through a company outside of the United States. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. If for whatever reason the USCIS revokes this petition, you would not qualify. Other EAD categories (not H4) are eligible for the 180-day extension. 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. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. 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. Nothing in this website is to be considered as either creating an attorney-client relationship between the reader and Fragomen or as rendering legal advice for any specific matter. You can see a line-by-line breakdown of the individual components of this in the chart further down. As of now, we do not have the text published for the same. Does anyone know if this is a Interim Rule or Direct Final Rule? . Fifteen days to get EAD card. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. i485 EAD processing time is 2 to 6 months at the National benefits center. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. I fear my wife is going to lose her job since EAD expires end of October. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. OMB review is the last step in the rulemaking process before U.S. Theyll each have different information that would be relevant to your situation. 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. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. Just saw this status for the bill. The H-4 EAD premium processing takes about two weeks. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. There are a few ways to go about obtaining your green card while on an H-4 visa: Some other nonimmigrant visas allow you to work in the U.S. automatically, such as the O, E, and L class visas. I am thinking of upgrading my h1 to premium processing .. so is there any way USCIS also approve H1 with H4 in premium processing thought we havent filed together read more Fortunately, this is not a one-time opportunity. 2023 Cohen, Tucker & Ades P.C. Unfortunately, premium processing is not available for Form I-765. In a situation like that, you need to know what your alternatives are. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. Therefore, as of today, you cannot premium process your H4 EAD. This added unnecessary delays and increased processing time by up to 2 years. Effective May 17, 2021, U.S. This would violate the EAD rules. Many people wait up to a full year for their documents to be processed. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. 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. Fee varies from $1500-$2500. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Thanks. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. It is unclear whether the H4 biometric requirement is going away. 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. It can be done safely and legally without violating any United States laws, but a lawyer would need to view the circumstances in order for you to be sure youre making the right decisions. Once Biden administration takes office, they make take it up. It is planned to be implemented by FY 2025. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. This is because the USCIS could potentially send a request for additional information or a. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. any updates after the new govt is in power now? WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. 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. 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. Thanks. Hello @Anil_Gupta , Thanks for your prompt response. Q. 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. If you need to file an H-4 EAD, theres no sense in waiting. 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%. 4. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. The text of the rule is not yet available. USCIS processes the premium processing request and makes a decision on the application. The fee is going up by over $1,000. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. 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. 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 8 CFR 214.2(h)(9)(iv). Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Contact us for help today. They may raise RFE for H4 EAD and request copy of I-94 or they may simply approve it based on electronic record of updated I-94 in their system. All requests are considered on a case-by-case basis. Below is our H4 visa EAD FAQ series based on information released by 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. a week to ten days to receive your card. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. The premium processing fee for current eligible categories such as H1B, L1, I-140 and other categories will be increased to $2,500 USD from $1440 USD. H4 EAD PP is not being implemented in near future. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. The fee will vary from $1500 to $2500 for other types of applications. 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. . RedBus2US.com 2010 - 2023, All Rights Reserved. The rule codifies premium processing fees and adjudication timeframes provided by Congress. 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. Therefore, you. The H4 EAD application is filed with USCIS. I-140: The new fee is $2500 and the processing time is 15 . You will see the status say, sent for printing. This shows how difficult it is to move the dinosaur named USCIS. No, they said that they will start implementing it for new filing starting Jan 25. 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. Yes, you can. Readers are responsible for obtaining such advice from their own legal counsel. Once OMB approves it. The below article tracks the latest news updates on the same with the timeline of events, current status. First, the principal. USCIS will also provide premium processing option for H4 EAD applicants. | This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Processing times vary from center to center, but H-4 EAD usually takes a while to process. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. H4 Employment Authorization Document (EAD) I Forms. However, the situation is different for the H-4. 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. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. How long have you and your spouse been married? USCIS will post the text for public inspection at least a day before the rule is officially published. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. You cant legally work without an EAD unless youre in the United States on a work-specific visa. USCIS Processing Times Visa Approvals Rates Login. 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. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. However, getting an H4 can be a complex process. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. H-1B visa approvals surge to 97% in fiscal 2021. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. 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. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. Unfortunately, H4 EADs cannot be premium processed. 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. how long it take effective ? You can raise a request after 75 days to get the latest update. 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. Likewise, the EAD expiration date will be when your H-4 status expires. Signed by President on 1st October. 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). To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. Save my name, email, and website in this browser for the next time I comment. What is the current processing time of application filed in vermont SVC ? Thanks. Just file a new I-765 along with the filing fee to replace your card. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. 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 rules have recently fluctuated for H1B premium processing availability. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. I recently renewed my green card EAD; the first EAD card expired on 04/2019. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. USCIS reviews the application and makes a decision. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. An Alter. 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. 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. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. There is no official information available from USCIS yet. Sorry for that. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. 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 . 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. H-4 visa spouses need an EAD to work in the United States and contribute to their household. 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 second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. Licensed for 49 years. Get all 3 approved in 15 days using premium. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately.
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