Q. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . 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 rule has come under the administrative spotlight over the past several months, meaning that a day may soon come when H-4 holders are no longer able to apply for work authorization. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. 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. . Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. If the h4 biometric requirement is not removed, we suspect the delays will still be there. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . 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 . 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. 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. If you file a Form I-539 requesting to change your nonimmigrant status to H-4 and you include a Form I-765, we will adjudicate your Form I-765 only after we adjudicate your Form I-539 and grant you H-4 status. Approve of premium processing for H4 EAD NOW! Neither your employer nor your spouses employer is obligated to pay them. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. A copy of Form I-94 showing admission of H-4 status. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. The rule codifies premium processing fees and adjudication timeframes provided by Congress. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. H-4 EAD Premium Processing Update - Sam Shihab & Associates, LLC A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. All requests are considered on a case-by-case basis. 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. As an H4 visa recipient, your visa isnt considered work-related. This bill contained provisions for H-4 visas to make the process simpler. . If you need help with your EAD or your H4 visa, wed be more than happy to assist you. As of now waiting for Perm, will file I140 in premium. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. Why US Visa Status on CEAC says Refused for 221g ? USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. USCIS hasproposedsubstantial government filing fee increases for 2023. USCIS will post the text for public inspection at least a day before the rule is officially published. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. You can see a line-by-line breakdown of the individual components of this in the chart further down. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. Hello Anil, I couldnt find a way to post a new message here. There is no guarantee that USCIS will expedite your EAD processing once you ask. Wait for your Social Security card to arrive (takes about 5-6 weeks). 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. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. We do not have the date on when this will be effective. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. Can I apply for H1B extension along with h4 change of status and h4 ead The text of the rule is not yet available. You must release your work exclusively through a company outside of the United States. United States: Regulation To Expand USCIS Premium Processing Program 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 . Weve received many questions regarding qualifications, documentation required, processing procedures and the. The premium processing clock, when someone. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. Coming Soon - Premium Processing For H-4 EAD - Path2USA USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim Promise Kept? USCIS Showing Signs of Improving Immigration Processing The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. You can check service center H4 EAD processing times here. 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. It is not advisable to file more than 180 days before this date. This is done the way that you would get a renewed card. 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 . After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. The H4 EAD application fee is $410. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . Yes, you can. 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. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. Official websites use .gov The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. This website is not sponsored or associated with any particular linked entity unless so stated. When someone comes to the United States to work in a specialty occupation with an H1B visa, they have the ability to bring their spouse with them on an H-4 visa. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Does anyone know if this is a Interim Rule or Direct Final Rule? F4 Visa Application | Reunite with your Sibling | Total Law 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. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). | How to Apply for H4 EAD: 15 Steps (with Pictures) - wikiHow They aim to reach these goals by end of 2023 which itself is about 1.5 years away. 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.. 2023 AM22Tech| Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. 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. 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. Regulatory . 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 8 CFR 214.2(h)(9)(iv). Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. Its best practice to respond as early as possible and discuss it with your immigration attorney. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. These are their internal goals which are quite ambitious given the current pathetic situation. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. Hello @Anil_Gupta , Thanks for your prompt response. Receiving a request for evidence can surely add time to your case. 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. The H4 EAD application is filed with USCIS. 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. So there is no need to worry about having your petition rejected on that account. Hope my understanding is right. They have plans to implement premium processing, but the plans arent immediate. Signed by President on 1st October. USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . USCIS may introduce premium processing for H-1B spouses - Events He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. 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). Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. We will update here if new information is made available for this. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. Update I94 on already applied H4EAD - H4 Visa - RedBus2US Community So is it a problem only for new EAD applications? COMPLETE guide to H4 EAD Extensions during COVID-19 [2022] - Stilt Blog a week to ten days to receive your card. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. If your EAD has expired or will expire within 30 days and youre still waiting on approval, you can call USCIS and request that your application be expedited. 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. USCIS has shared a new term called cycle time. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. H4-EAD Premium Processing Time - TaxUni It is unclear whether the H4 biometric requirement is going away. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form . Youre still working in your home country. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing It can be a tricky situation if you want to work outside the country without an EAD. USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. 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. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; This is likely due to the pandemic and an increase in requests for immigration benefits as a result of the ongoing conflict in Ukraine and political strife in countries like Haiti and Venezuela. All forms of employment require an EAD. However, getting an H4 can be a complex process. h1b filing fees uscis - Changing-stories.org 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. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. Processing times for Form I-526 are typically based on an analysis of the . Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS may be willing to expedite certain EAD documents under emergency circumstances as long as the H-4 EAD was filed properly and in a timely manner. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. Biometric Appointment in Premium Processing Cases? Once approved, the EAD will be processed in under 30 days. Is Premium Processing Available For H4? - Caniry It may take few months at least. 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. Therefore, as of today, you cannot premium process your H4 EAD. The applicant then pays the premium processing fee. 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. Readers are responsible for obtaining such advice from their own legal counsel. Any update on it ? Likewise, the EAD expiration date will be when your H-4 status expires. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Hello Anil, firstly thanks for posting great information. Learn more by scheduling a consultation today! We now wait for DHS. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. A copy of your last EAD. Request a confidential consultation today. 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. USCIS processes the petition, which can take several months. Premium processing only applies to certain forms. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. VisaGrader.com Dont accept any job offers from people who can tell you that you can work without an EAD. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. What's New on VisaGrader? H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. File it now, and it will be approved before premium processing is implemented. Inordinate delay in processing of H-4 work - Times of India 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. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouses H-1B or green card petitions. 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. Thanks. 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. Once Biden administration takes office, they make take it up. Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765? 4. You cannot release it independently while youre in the US. 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. Speak with your immigration attorney to learn how you can best approach your interview. If for whatever reason the USCIS revokes this petition, you would not qualify. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. H4 EAD Premium Processing - Facts, News Updates, And More 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. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. An Alter. 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. But its still good news for us. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. Pay one Premium fee for H1B, H4, EAD by filing together?
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