The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. When will this good news go into effect? Fortunately, this is not a one-time opportunity. VisaGrader.com Hope my understanding is right. It is planned to be implemented by FY 2025. Theyll each have different information that would be relevant to your situation. It is good to know that they plan to return to 3 month time period for EAD approvals but it is easier said than done as the official processing times on their publicly available page are usually more than 12 months for each service center. Improving Access to Employment Authorization Documents, USCIS continues to make progress toward a temporary final rule currently named Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.. Therefore, you must be in the U.S. to apply. It can take approx. USCIS Suspends Biometric Screening For H4 EAD Applicants - Stilt Blog As of now waiting for Perm, will file I140 in premium. 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. 2. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. 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. File H1B transfer while H4EAD pending with USCIS - TruVisa 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. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Get all 3 approved in 15 days using premium. USCIS processes the premium processing request and makes a decision on the application. The premium processing fee for all I-765 applications will be under $1,750. 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. 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 . 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. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. 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. has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). You cannot release it independently while youre in the US. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? All forms of employment require an EAD. 11-year Top Contributor. Readers are responsible for obtaining such advice from their own legal counsel. 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. What Is Premium Processing for H4 EAD Through USCIS? 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 . Theyre misleading you and likely taking advantage of you. Therefore, as of today, you cannot premium process your H-4 EAD. You must release your work exclusively through a company outside of the United States. Many people wait up to a full year for their documents to be processed. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. We do not have the date on when this will be effective. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. [ 67] The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. You can check service center H4 EAD processing times here. The H-1B visa holder must have a status . 2023 AM22Tech| 2023 VisaNation, Inc. All Rights Reserved. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 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%. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. Is premium processing available for H4 EAD? 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. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. 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.. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). a week to ten days to receive your card. A .gov website belongs to an official government organization in the United States. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. This added unnecessary delays and increased processing time by up to 2 years. 116-159 . H-4 EAD FAQs | Common H-4 EAD Questions Answered - VisaNation | The H4 EAD application fee is $410. Topics. 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. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. If you have not filed your Form I-907, or have . Any update when will this be implemented , it is pending since oct 2020. 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. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. 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 can return home and perform temporary work in your home country. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? You definitely clarified my doubt. i485 EAD processing time is 2 to 6 months at the National benefits center. . H-4 EAD Frequently Asked Questions (FAQ) - Adhikari Law PLLC Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. 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. 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. 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. Premium Processing for H-4 Applications, EADs, and More may be - Murthy Divyendu, Yes, H4 EAD will also start in FY 2025. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. 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. File it now, and it will be approved before premium processing is implemented. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. You can now just pay the money instead of begging for timely approval of your EAD. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. If you file separately, then this rule wont apply. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. Looking for U.S. government information and services? The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Is the premium process option available for H4 EAD? - Quora Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. A key worker is someone whose employment makes the normal operation of a workplace possible. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. . Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. If the h4 biometric requirement is not removed, we suspect the delays will still be there. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. Fee varies from $1500-$2500. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. Wait for your Social Security card to arrive (takes about 5-6 weeks). In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. These are their internal goals which are quite ambitious given the current pathetic situation. If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. Im waiting for Perm and will file I140 in premium. This will incur an H-4 EAD visa fee of $410. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. or even an H-1B visa yourself. The applicant then pays the premium processing fee. 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. USCIS processes the petition, which can take several months. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. I recently renewed my green card EAD; the first EAD card expired on 04/2019. 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. 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. Yes. The H4 EAD application is filed with USCIS. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. Most probably, early next year, USCIS will start premium processing for H4 EAD. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. . If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. H4-EAD Premium Processing Time - TaxUni H4 EAD Premium Processing News - Planned for FY 2025, Fee $1500 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. H4 Employment Authorization Document (EAD) I Forms. No. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. The below article tracks the latest news updates on the same with the timeline of events, current status. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. The job you are filling must be permanent and not seasonal. These are just some questions that may or may not appear in your interview. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. It can have serious consequences for you and serious consequences for the person who employs you. Sorry for that. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. Q. RN Law group reached court settlement. The fee will vary from $1500 to $2500 for other types of applications. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Does anyone know if this is a Interim Rule or Direct Final Rule? Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. What's worse, if concurrently filing the H-4 EAD renewal . 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. If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today. Processing time 15 to 45 days. They have a thorough knowledge of the H-1B process and this new EAD rule. USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. After that, both you and your spouse will be considered out of status and your EAD will be invalid. What's New on VisaGrader? 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. Processing Times Birth certificate with photo ID. Therefore, you. H-1B visa approvals surge to 97% in fiscal 2021. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. 4. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? USCIS H4 EAD Premium Processing. They have to now wait for another 3 years to see any daylight. 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. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. 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 . When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. We now wait for DHS. How long H4 EAD takes after H4 approval? - Web-Information-Center 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. Youre still working in your home country. 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. USCIS may introduce premium processing for H-1B spouses - Events However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. We will update here if new information is made available for this. 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. Approve of premium processing for H4 EAD NOW! H4 EAD Premium Processing And 2022 Visa Application Guide OMB review is the last step in the rulemaking process before U.S. Any idea when this will in effect. This website is not sponsored or associated with any particular linked entity unless so stated. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . 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. WASHINGTON Today, U.S. An Alternative to Premium Processing: Submit an Expedite . USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 As noted in the rule's preamble: . While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. H4 & EAD premium processing starting May 31, 2022. 2. Review our. After approval, it takes another ten days to get approval notice by mail, and approx. 5. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. In recent months, USCIS has begin streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. Your spouse can obtain citizenship in the U.S. after obtaining their green card and then sponsor you for a marriage-based green card for a much faster process. The premium processing time for H4 visa using Form I-539 will be 30 Days. Hello Anil, I couldnt find a way to post a new message here. Processing times vary from center to center, but H-4 EAD usually takes a while to process. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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? National ID document with photo. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. The settlement was specifically to return to concurrent adjudication when filed together. 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. A copy of your last EAD. Below is our H4 visa EAD FAQ series based on information released by USCIS. 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. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. Congress Approves Massive I-907 Premium Processing Fee Rise There is no concrete date given yet. Again, this provision will be effective only after USCIS completes the regulatory process. 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. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. what time line we can expect to use premium processing option? Investments arent considered employment. At present, there is no option for H4 EAD extension premium processing. AM22Tech - H4 EAD premium processing coming soon - Facebook Premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. This is because the USCIS could potentially send a request for additional information or a. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. USCIS has acknowledged that their backlog of applications to be processed is significant. This is done the way that you would get a renewed card. Secure .gov websites use HTTPS The fee is going up by over $1,000. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. 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. They are prioritizing F1 OPT for Form I-765 in FY 2022. USCIS premium processing will NOT be available for H4, EAD until FY 2025. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. Terms of Service It is not advisable to file more than 180 days before this date. 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. 1. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. I have y wife h4 pending for 4 months. H4 EAD PP is not being implemented in near future. Hi Anil, Regulatory . Q. What Will H-4 EAD Premium Processing Cost? Although, this did not extend to H4 benefits. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. H4 EAD: What You Need to Know in 2022 - Ashoori Law 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. 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. See the below timeline for additional details. But its still good news for us. 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. H4 EAD VISA NEWS - The Economic Times USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. The premium processing time for H4 visa using Form I-539 will be 30 Days. You need to be at the screening location at the scheduled date and time. 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. 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. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. USCIS to Start Collecting Fee for EB-5 Integrity Fund USCIS processing times for L2 EAD (Employment Authorization Document) . H4 EAD Premium Processing - Not Available Until 2025 (Sad News Employment authorization is incorporated into the visa itself, even for spouses. 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. Official identification issued by the government. Weve received many questions regarding qualifications, documentation required, processing procedures and the. First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). EB1-C i-140 premium to start in 2022. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. This bill contained provisions for H-4 visas to make the process simpler. 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. It was with the Office of Management and Budget (OMB) for a long time until February 2022. This shows how difficult it is to move the dinosaur named USCIS. I fear my wife is going to lose her job since EAD expires end of October. If you were to help others make investments or engage in Forex trading, you would technically be working. To request premium processing on or after January 30, the Form I-907 (Request for Premium Processing)?version dated November 3, 2022?must be filed. | The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders.