Avvo Rating: 10. However, the situation is different for the H-4. Good news for families of foreign nationals working in the US! 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. The regulations state that your H1B spouse needs to just have an approved I-140. USCIS H4 EAD Processing Time - Hacking Immigration Law, LLC. USCIS processes the premium processing request and makes a decision on the application. 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. Hi, will there be a 60-day comment period post publication of the rule in the federal register? The H-4 EAD premium processing takes about two weeks. If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. . This bill contained provisions for H-4 visas to make the process simpler. Any luck on your side? 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. F4 Visa Application | Reunite with your Sibling | Total Law This H-4 EAD FAQ series is intended to act as a guideline for filing. A U.S. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. File H1B transfer while H4EAD pending with USCIS - TruVisa Signed by President on 1st October. 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. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. How long does a Request for Evidence take? Theyre misleading you and likely taking advantage of you. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. There is no concrete date given yet. 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. Website. Promise Kept? USCIS Showing Signs of Improving Immigration Processing Does anyone know if this is a Interim Rule or Direct Final Rule? What Is Premium Processing for H4 EAD Through USCIS? Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. The USCIS says on its site 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. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. I had filed for renewal before the expiration. While it is possible for you to travel without directly jeopardizing your status, it is usually not recommended to do so until your EAD has been approved. Q. 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. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. 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. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. As the lawmakers note, the USCIS could charge up to $1,400 for each application, and this revenue could pay for the additional expense of having to expedite the processing of these cases. 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. Any updates on H4 EAD premium processing? Wait times for processing can be long, which puts strain on families who need both spouses to work. The final regulation in federal register is effective from May 31st, 2022. Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. 4. 1. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. or even an H-1B visa yourself. A .gov website belongs to an official government organization in the United States. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. . This provision will be effective after USCIS completes the regulatory process. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. 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. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. You can now just pay the money instead of begging for timely approval of your EAD. File it now, and it will be approved before premium processing is implemented. If you file separately, then this rule wont apply. 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. See the timeline and screenshots. 4. Birth certificate with photo ID. Is my understanding right. What Will H-4 EAD Premium Processing Cost? h1b filing fees uscis - Changing-stories.org 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. You will see the status say, sent for printing. Below is our H4 visa EAD FAQ series based on information released by USCIS. 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. The cost of goods and services is rapidly rising in America due to unchecked inflation. 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). Check your inbox to confirm your email and download the free e-book. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. 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. The USCIS provided a 540-day auto-extension based on the renewal application. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. Therefore, as of today, you cannot premium process your H4 EAD. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. This is because the USCIS could potentially send a request for additional information or a. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. 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? A reputable employer would never offer to employ you without an EAD. The below article tracks the latest news updates on the same with the timeline of events, current status. Not sure which option is right for you? 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. H-1B visa approvals surge to 97% in fiscal 2021. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; Neither your employer nor your spouses employer is obligated to pay them. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. H4-EAD Premium Processing Time - TaxUni Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. How to Apply for H4 EAD: 15 Steps (with Pictures) - wikiHow You can raise a request after 75 days to get the latest update. H4 EAD Premium Processing News: Planned for FY 2025, $1500 Fee. 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. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Could you please comment on this one. 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. 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. H4 EAD Premium Processing And 2022 Visa Application Guide As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 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. How much time will it take to make it a law? Its best practice to respond as early as possible and discuss it with your immigration attorney. 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 . They are prioritizing F1 OPT for Form I-765 in FY 2022. Contact us for help today. As of now waiting for Perm, will file I140 in premium. This rule applies to people whose H-4 EAD is pending. The requirements are as follows: The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. 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. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Licensed for 49 years. 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). L. No. Immigration Attorney in Los Angeles, CA. H4 EAD PP is not being implemented in near future. Nothing in this website is to be considered as either creating an attorney-client relationship between the reader and Fragomen or as rendering legal advice for any specific matter. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. USCIS processing times for L2 EAD (Employment Authorization Document) . Looking for U.S. government information and services? But its still good news for us. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. Through todays actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. Regulatory . H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers.