Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. . Theyll each have different information that would be relevant to your situation. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. 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. Hope my understanding is right. 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. When will USCIS start premium processing for H4-EAD? The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. 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. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. 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 . Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. H4-EAD Premium Processing Time - TaxUni 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. This website is not sponsored or associated with any particular linked entity unless so stated. Below are the screenshots of the official text in the regulation that talks about it. This would violate the EAD rules. Yes, you can. Although the bill was passed, its provisions were never implemented. At the same time, I file for H1B transfer to a new employer. These are just some questions that may or may not appear in your interview. Thursday, July 8, 2021. 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. The company you hold a contract with might be able to refer you to a U.S.-based tax attorney with experience working for the company. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. In a situation like that, you need to know what your alternatives are. Please comment on this one. There is no concrete date given yet. 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. A U.S. 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%. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. After approval, it takes another ten days to get approval notice by mail, and approx. It is called public law 116 159. If you were to help others make investments or engage in Forex trading, you would technically be working. Conclusion Any new updates on H4, H4 EAD premium processing? When will this good news go into effect? No. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. H-4 EAD Frequently Asked Questions (FAQ) - Adhikari Law PLLC H4 ead premium processing - Admit School Quarles & Brady LLP Attorneys at Law It is not advisable to file more than 180 days before this date. This will incur an H-4 EAD visa fee of $410. USCIS Premium Processing for H4, L2, EAD. $2500 for H1B - RedBus2US 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. Fifteen days to get EAD card. H4 Employment Authorization Document (EAD) I Forms. Hello Anil, I couldnt find a way to post a new message here. Therefore, you must be in the U.S. to apply. The new card is valid from Jan 2023 till Jan 2025. A reputable employer would never offer to employ you without an EAD. Divyendu, Yes, H4 EAD will also start in FY 2025. Update I94 on already applied H4EAD - H4 Visa - RedBus2US Community USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Yes. Terms of Service It may take few months at least. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. This is because the USCIS could potentially send a request for additional information or a. 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. What's New on VisaGrader? File it now, and it will be approved before premium processing is implemented. View Rule - REGINFO.GOV According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. H4 EAD PP is not being implemented in near future. Unfortunately, premium processing is not available for Form I-765. Fee varies from $1500-$2500. 5. Hello Anil, firstly thanks for posting great information. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. H4 EAD Premium Processing And 2022 Visa Application Guide 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. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. 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. An Alternative to Premium Processing: Submit an Expedite . 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. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. H4 EAD. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. EB1-C i-140 premium to start in 2022. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. H4 EAD Ultimate Guide & Latest News (March 2023) - India USA Travel Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Thanks. Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs - Murthy Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. SuperVisas on LinkedIn: USCIS Update: Settlement Agreement - USCIS to 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. Read More. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. USCIS H4 EAD Processing Time - Hacking Immigration Law, LLC. Contact Us. A copy of Form I-94 showing admission of H-4 status. 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. It is set to be $1,750 USD as per regulation. A year is a very long time to wait for a household that needs additional income to pay the bills. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 6. Request a confidential consultation today. | 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. We will update here if new information is made available for this. 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. . VisaGrader.com Will the premium processing for EAD also include L2 EAD? People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. H4 EAD Program - Work Permit for Dependents - Donuts We do not have the date on when this will be effective. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. It is unclear whether the H4 biometric requirement is going away. Processing time 15 to 45 days. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. 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. Thanks. Since the H-4 visa is a nonimmigrant visa, you dont have a direct method to adjust your status to lawful permanent resident with a green card. The good news is that USCIS has just released an updated H4 EAD processing time. 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 . Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . 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. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . Once approved, the B2 visitor visa extension should be processed in under 30 days. As per the final rule published (29 Mar 2022), USCIS will NOT be able . They have plans to implement premium processing, but the plans arent immediate. 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. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. USCIS hasproposedsubstantial government filing fee increases for 2023. or even an H-1B visa yourself. Share sensitive information only on official, secure websites. This added unnecessary delays and increased processing time by up to 2 years. It was with the Office of Management and Budget (OMB) for a long time until February 2022. You are not permitted to work with an ITIN number. The only way to get employment authorization, in this case, is to already have H-4 status. USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim 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. RN Law group reached court settlement. 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. . 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. No, not possible at the moment. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. Q. After a long wait, finally, on March 30th, 2022, DHS. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . Big winners are H-4 spouses. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. If you have not filed your Form I-907, or have . I have y wife h4 pending for 4 months. 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. If approved, USCIS sends an approval notice to the applicant. The job you are filling must be permanent and not seasonal. i485 EAD processing time is 2 to 6 months at the National benefits center. Secure .gov websites use HTTPS This bill contained provisions for H-4 visas to make the process simpler. 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). The premium processing fee for all I-765 applications will be under $1,750. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. 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. You can now just pay the money instead of begging for timely approval of your EAD. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. 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. 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. Theyre misleading you and likely taking advantage of you. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Biometric Appointment in Premium Processing Cases? Readers are responsible for obtaining such advice from their own legal counsel. Other EAD categories (not H4) are eligible for the 180-day extension. 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 application fee is $410. 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. 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. USCIS may introduce premium processing for H-1B spouses - Events Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. Visa Interview ? You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. See the timeline and screenshots. The premium processing clock would only commence after the. You can see a line-by-line breakdown of the individual components of this in the chart further down. The H4 EAD application is filed with USCIS. Could you please comment on this one. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . If the h4 biometric requirement is not removed, we suspect the delays will still be there. 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. The settlement was specifically to return to concurrent adjudication when filed together. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. However, the situation is different for the H-4. Official websites use .gov How to Apply for H4 EAD: 15 Steps (with Pictures) - wikiHow 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. Employment Authorization for Certain H-4 Dependent Spouses | U.S. Good news for families of foreign nationals working in the US! Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment.