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. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. National ID document with photo. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. A reputable employer would never offer to employ you without an EAD. 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. Good news for families of foreign nationals working in the US! Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. (213) 376-3107. Pay one Premium fee for H1B, H4, EAD by filing together? As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. 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. Neither your employer nor your spouses employer is obligated to pay them. 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. The fee is going up by over $1,000. . The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. USCIS rules have recently fluctuated for H1B premium processing availability. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. The premium processing time for H4 visa using Form I-539 will be 30 Days. You can see a line-by-line breakdown of the individual components of this in the chart further down. 5. Receiving a request for evidence can surely add time to your case. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. USCIS Processing Times Visa Approvals Rates Login. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. It may take few months at least. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. 3. Im waiting for Perm and will file I140 in premium. USCIS processes the petition, which can take several months. Therefore, you must be in the U.S. to apply. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. How long does a Request for Evidence take? However, the general average for the H-4 EAD processing time is around 90 days or 3 months. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. You are not permitted to work with an ITIN number. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. Likewise, the EAD expiration date will be when your H-4 status expires. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. They have a thorough knowledge of the H-1B process and this new EAD rule. Fortunately, this is not a one-time opportunity. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . You can raise a request after 75 days to get the latest update. This may have been misleading to some H4 EAD holders who believed they were a part of that group. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. Again, this provision will be effective only after USCIS completes the regulatory process. Just file a new I-765 along with the filing fee to replace your card. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. This fee increase applies to all categories that have premium processing before August 1, 2020. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. H4 Employment Authorization Document (EAD) I Forms. It is also a violation of your nonimmigrant status. Your relationship to the H-1B immigrant. 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. How much time will it take to make it a law? The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. The premium processing clock, when someone. 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. An Alter. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . L. No. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. 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. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. 2. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. 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). This is done the way that you would get a renewed card. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. 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. Theyre misleading you and likely taking advantage of you. If you have an H4 visa and want to start working immediately, you might be interested in how long it takes to get an EAD. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. But, implementation of the same is going to be by FY 2025. EB1-C i-140 premium to start in 2022. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). You definitely clarified my doubt. 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. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. The regulations state that your H1B spouse needs to just have an approved I-140. 2023 Cohen, Tucker & Ades P.C. 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. What's New on VisaGrader? Citizenship and Immigration Services (USCIS), H.R.8337 116th Congress (2019-2020): Continuing Appropriations Act, 2021 and Other Extensions Act | Congress.Gov, Automatic Employment Authorization Document (EAD) Extension | USCIS. how long it take effective ? For more help navigating your unique tax situation, seek the assistance of a tax attorney. The H-1B visa holder must have a status . Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. When slow EAD processing times began threatening peoples ability to exist in the United States, USCIS issued the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants. Request a confidential consultation today. 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 premium processing clock would only commence after the. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. Its still a long waiting period. An Alternative to Premium Processing: Submit an Expedite . However, the H-4 EAD premium processing will decrease the wait time to just 30 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 Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications. What does that mean? USCIS responded by implementing an automatic 180-day extension to H4 EAD. Youll need: Additional details regarding the requirements can be found here. So there is no need to worry about having your petition rejected on that account. Biometric Appointment in Premium Processing Cases? 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. 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 . Oct 1, 2020 - President Trump signs Bill HR 8337 into law. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. 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. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Your personal information is protected by our Privacy Policy. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. RedBus2US.com 2010 - 2023, All Rights Reserved. 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 rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. It can take approx. This will incur an H-4 EAD visa fee of $410. Big winners are H-4 spouses. 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. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. 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. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. File it now, and it will be approved before premium processing is implemented. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. This is much better than filing court litigations or losing a job. N-400: Application for Naturalization; Useful Info. Thank you so much for the explanations! Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Official websites use .gov Below is our H4 visa EAD FAQ series based on information released by USCIS. Secure .gov websites use HTTPS If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. 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. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. Any idea when OMB will process this request. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. 2023 VisaNation, Inc. All Rights Reserved. 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. You need to be at the screening location at the scheduled date and time. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. See the below screenshot for both H4 and H4 EAD premium processing details. You can return home and perform temporary work in your home country. Therefore, as of today, you cannot premium process your H-4 EAD. 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. Wait times for processing can be long, which puts strain on families who need both spouses to work. 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. This rule applies to people whose H-4 EAD is pending. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. 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. i485 EAD processing time is 2 to 6 months at the National benefits center. It is planned to be implemented by FY 2025. USCIS has shared a new term called cycle time. The cost of goods and services is rapidly rising in America due to unchecked inflation. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. 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. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. 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. This is because the USCIS could potentially send a request for additional information or a. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . Readers are responsible for obtaining such advice from their own legal counsel. Each . It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. I-140: The new fee is $2500 and the processing time is 15 . At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. 3. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). A year is a very long time to wait for a household that needs additional income to pay the bills. Q. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Although the bill was passed, its provisions were never implemented. 6. These are just some questions that may or may not appear in your interview. Yes, you can. USCIS H4 EAD Premium Processing. WASHINGTON Today, U.S. Its best practice to respond as early as possible and discuss it with your immigration attorney. 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. 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. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. 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. You must release your work exclusively through a company outside of the United States. To work in the US, you must first apply for an employment authorization document (EAD). I have two more questions - I have a H1B and I-140 with my current employer and I file for a H4 EAD for my wife. USCIS will expand premium processing for Forms I-539 (application to change/extend status), I-765 (application for employment authorization) and I-140 (immigrant petition for alien work) as soon . But its still good news for us. We now wait for DHS. H-1B visa approvals surge to 97% in fiscal 2021. Can we expect this to be implemented soon or would it take months for USCIS to implement this? 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. 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. 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 Once OMB approves it. The EAD, or Employment Authorization Document, makes it legal for people who dont have permanent resident status or visas that authorize employment to work in the United States. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. This temporary increase in the auto-extension period will end on Oct 26, 2023. Contact us for help today. Visa Interview ? Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. How long does it take once USCIS approves my H4 EAD before I receive a card? It is not advisable to file more than 180 days before this date. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. Fee varies from $1500-$2500. Thursday, July 8, 2021. No. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Birth certificate with photo ID. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. First, the principal. RN Law group reached court settlement. 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 . What is the processing time for H4? A, We need to wait. No, they said that they will start implementing it for new filing starting Jan 25. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . 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. H-4 visa spouses need an EAD to work in the United States and contribute to their household. USCIS H4 EAD Premium Processing. Dropbox ? If the company you work for in your home country doesnt have any corporate presence in the United States, youre registered as an employee of that company in your home country and the company deposits the money into your bank account in your home country and in the currency of your home country, you arent working in the United States. This H-4 EAD FAQ series is intended to act as a guideline for filing. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). This will incur an H-4 EAD visa fee of $410. However, since then both the cases havent moved any further. Any situations not addressed below should be addressed with a qualified immigration attorney. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. With that being said, it shouldnt be an issue if it was filed by a previous employer. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. See the below timeline for additional details. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Thanks. 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. 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. Their spouse is allowed to remain with them in the country throughout the duration of their H1-B status, but they arent automatically authorized to work. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Will there be premium processing for GC EAD as well? https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . This website is not sponsored or associated with any particular linked entity unless so stated. Replace Green Card (I-90 Form) 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. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. 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. Hello @Anil_Gupta , Thanks for your prompt response. It can have serious consequences for you and serious consequences for the person who employs you.