USCIS premium processing will NOT be available for H4, EAD until FY 2025. Fortunately, this is not a one-time opportunity. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. If approved, USCIS sends an approval notice to the applicant. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Hi Anil, You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. 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. 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. In order to qualify for employment authorization documents, there are two main criteria. It is not advisable to file more than 180 days before this date. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. 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. Readers are responsible for obtaining such advice from their own legal counsel. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. 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. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. 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? USCIS has shared a new term called cycle time. Will there be premium processing for GC EAD as well? This temporary increase in the auto-extension period will end on Oct 26, 2023. USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests. H-1B visa approvals surge to 97% in fiscal 2021. [ 67] Refer to your receipt notice to find your form, category, and office. The USCIS provided a 540-day auto-extension based on the renewal application. This is a welcome step and will provide relief to many who are otherwise at the mercy of the USCIS officers to approve their EAD expedite request. We expect the announcement to be made in 7-10 days after the president signs it. Often, you may be feeling the pain of long processing times. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. The H4 EAD application fee is $410. USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests. If you file separately, then this rule wont apply. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. These are their internal goals which are quite ambitious given the current pathetic situation. 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. So there is no need to worry about having your petition rejected on that account. 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. Q. Conclusion 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. 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. The fee will vary from $1500 to $2500 for other types of applications. Just file a new I-765 along with the filing fee to replace your card. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 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. Once Biden administration takes office, they make take it up. 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. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. You can see a line-by-line breakdown of the individual components of this in the chart further down. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. 2023 VisaNation, Inc. All Rights Reserved. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. An Alter. Any situations not addressed below should be addressed with a qualified immigration attorney. 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. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. This is a hefty sum, but 30 days . To deny a work permit for a LEGAL . | Birth certificate with photo ID. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. The premium processing time for H4 EAD application cannot exceed 30 days. So youll like to have around 1 year for H4 EAD to be approved. Thanks. This added unnecessary delays and increased processing time by up to 2 years. Yes, you can. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD. Back in the pre-biometric days, USCIS used to show big heart and approve H4 and H4 EAD along with H1B premium as a goodwill gesture. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Unfortunately, H4 EADs cannot be premium processed. They are prioritizing F1 OPT for Form I-765 in FY 2022. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Wait times for processing can be long, which puts strain on families who need both spouses to work. 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.. This website is a public resource of general information which is intended, but not promised or guaranteed, to be complete, accurate, and up-to-date. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Theyre misleading you and likely taking advantage of you. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. Fee varies from $1500-$2500. 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. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. 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. 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. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. A copy of your last EAD. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. The H4 EAD category C26 is not eligible for the 180 day automatic extension. A year is a very long time to wait for a household that needs additional income to pay the bills. Topics. Terms of Service It is set to be $1,500 USD as per regulation. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. So there is no need to worry about having your petition rejected on that account. How long does it take once USCIS approves my H4 EAD before I receive a card? 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. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? USCIS will also provide premium processing option for H4 EAD applicants. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. Alternatively, your spouse can attempt to change his or her nonimmigrant status to a visa that permits spouses to work such as the O or E class visas. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Secure .gov websites use HTTPS Visa issued by a foreign consulate. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Your relationship to the H-1B immigrant. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS processes the premium processing request and makes a decision on the application. 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. Investments arent considered employment. It may take few months at least. This H-4 EAD FAQ series is intended to act as a guideline for filing. USCIS premium processing will NOT be available for H4, EAD until FY 2025. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 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. Its best practice to respond as early as possible and discuss it with your immigration attorney. Official websites use .gov Contact Us. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. You definitely clarified my doubt. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. With that being said, it shouldnt be an issue if it was filed by a previous employer. I-129: The fee does not exceed $2500 and the processing time is 15 calendar days for H-1B, H-2B, E-1/E-2, L-1A/L-1B, O-1, P-1, and TN. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. Working without an EAD is illegal. 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. 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. Once approved, the EAD will be processed in under 30 days. Proposed Filing Fee Increases. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. 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. 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. Although, this did not extend to H4 benefits. 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. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. 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. 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. Any luck on your side? As an H4 visa recipient, your visa isnt considered work-related. 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. 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. 4. There is no guarantee that USCIS will expedite your EAD processing once you ask. All requests are considered on a case-by-case basis. Many households need two incomes in order to make ends meet. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. . Below is our H4 visa EAD FAQ series based on information released by USCIS. I have y wife h4 pending for 4 months. There is no concrete date given yet. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. Is premium processing available for H4 EAD? . Not sure which option is right for you? 5. It is not a priority for Trump Administration. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months.
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