After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. An Alternative to Premium Processing: Submit an Expedite . You definitely clarified my doubt. The only way to get employment authorization, in this case, is to already have H-4 status. Here is a breakdown of the new USCIS premium processing time and fees. a week to ten days to receive your card. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Divyendu, Yes, H4 EAD will also start in FY 2025. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. The H4 EAD category C26 is not eligible for the 180 day automatic extension. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. If you were to help others make investments or engage in Forex trading, you would technically be working. 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. 2023 AM22Tech| Read More. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. What does that mean? USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. 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. You can raise a request after 75 days to get the latest update. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. i485 EAD processing time is 2 to 6 months at the National benefits center. They have plans to implement premium processing, but the plans arent immediate. 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. So, I used the reply option. 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. USCIS premium processing will NOT be available for H4, EAD until FY 2025. The premium processing clock, when someone. OMB review is the last step in the rulemaking process before U.S. 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. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; 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. However, the situation is different for the H-4. Again, this provision will be effective only after USCIS completes the regulatory process. Save my name, email, and website in this browser for the next time I comment. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. H-4 visa spouses need an EAD to work in the United States and contribute to their household. Sorry for that. Hello @Anil_Gupta , Thanks for your prompt response. This may have been misleading to some H4 EAD holders who believed they were a part of that group. You need to be at the screening location at the scheduled date and time. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. This added unnecessary delays and increased processing time by up to 2 years. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. 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. 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. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Weve received many questions regarding qualifications, documentation required, processing procedures and the. USCIS Processing Times Visa Approvals Rates Login. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. First, the principal. Employment Authorization for Certain H-4 Dependent Spouses | U.S. Many households need two incomes in order to make ends meet. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, Form I-129, Petition for a Nonimmigrant Worker, Form I-140, Immigrant Petition for Alien Workers, Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization. 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 time line we can expect to use premium processing option? USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. USCIS has acknowledged that their backlog of applications to be processed is significant. The fee will vary from $1500 to $2500 for other types of applications. 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. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. Request a confidential consultation today. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. Big winners are H-4 spouses. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. RN Law group reached court settlement. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. Any idea when OMB will process this request. However, getting an H4 can be a complex process. Official websites use .gov . This will incur an H-4 EAD visa fee of $410. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Complete Guide to the H4 Visa in the U.S. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. 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. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. In a situation like that, you need to know what your alternatives are. Select your form, form category, and the office that is processing your case. A key worker is someone whose employment makes the normal operation of a workplace possible. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. Your H-4 visa status is tied to your H-1B spouses status. You cant legally work without an EAD unless youre in the United States on a work-specific visa. Hello Anil, I couldnt find a way to post a new message here. If you file separately, then this rule wont apply. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. This bill contained provisions for H-4 visas to make the process simpler. USCIS will also provide premium processing option for H4 EAD applicants. Any update on it ? 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. However, since then both the cases havent moved any further. 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. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. 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. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . 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. See the below screenshot for both H4 and H4 EAD premium processing details. 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. 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. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 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. 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. 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. Does that jeopardize H4 EAD or my H1B transfer? Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. Copy of your passport. N-400: Application for Naturalization; Useful Info. "USCIS will issue policy guidance that states L-2 spouses are employment authorised, incident to status, and in cooperation with CBP, change the Form I-94, within . How to Check US Visa Status Online? It is not advisable to file more than 180 days before this date. USCIS hasproposedsubstantial government filing fee increases for 2023. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. 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. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Theyll each have different information that would be relevant to your situation. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. As of now, we do not have the text published for the same.