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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. Just saw this status for the bill. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. USCIS will also provide premium processing option for H4 EAD applicants. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. I dont see anything anywhere. USCIS Processing Times Visa Approvals Rates Login. 2023 VisaNation, Inc. All Rights Reserved. The premium processing clock would only commence after the. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Request a confidential consultation today. A copy of your last EAD. It may take few months at least. 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. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. Birth certificate with photo ID. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Biometric Appointment in Premium Processing Cases? Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. If you have not filed your Form I-907, or have . . You cannot start a job in the US until you have your EAD. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. USCIS H4 EAD Premium Processing. This temporary increase in the auto-extension period will end on Oct 26, 2023. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. 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. Save my name, email, and website in this browser for the next time I comment. Thursday, July 8, 2021. Speak with your immigration attorney to learn how you can best approach your interview. This shows how difficult it is to move the dinosaur named USCIS. 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. 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. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. What's worse, if concurrently filing the H-4 EAD renewal . You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. 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. . Investments arent considered employment. "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 . You need to be at the screening location at the scheduled date and time. 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. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. Youll need: Additional details regarding the requirements can be found here. However, since then both the cases havent moved any further. 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. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. 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. 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. It can have serious consequences for you and serious consequences for the person who employs you. 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. Conclusion For more help navigating your unique tax situation, seek the assistance of a tax attorney. Processing times for Form I-526 are typically based on an analysis of the . Wait for your date to become current 6. However, there are stipulations to the rule that must be taken into consideration when applying. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; Licensed for 49 years. As of now, we do not have the text published for the same. 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. Visas. A number of documents are necessary when demonstrating proof of eligibility. This is done the way that you would get a renewed card. They are prioritizing F1 OPT for Form I-765 in FY 2022. 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. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? As per the final rule published (29 Mar 2022), USCIS will NOT be able to start premium processing for H4 and H4 EAD until 30 Sep 2024. How to Check US Visa Status Online? The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. USCIS processes the petition, which can take several months. 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. Theyre misleading you and likely taking advantage of you. Therefore, as of today, you cannot premium process your H4 EAD. 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. Any situations not addressed below should be addressed with a qualified immigration attorney. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. 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. a week to ten days to receive your card. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. The USCIS provided a 540-day auto-extension based on the renewal application. Looking for U.S. government information and services? 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. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. This website is not sponsored or associated with any particular linked entity unless so stated. The maximum fee and processing time for EB-1C (multinational executives and managers) would be $2500 and 45 days respectively.The change of status to F, J, and M fees will be a maximum of $1750 and will be processed within 30 days.The extension or change of status to E, H, L, O, P, or R, will carry a cost of $1750 and the processing should be completed within 30 days.The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Im waiting for Perm and will file I140 in premium. I recently renewed my green card EAD; the first EAD card expired on 04/2019. What does that mean? Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. Processing time 15 to 45 days. Your H-4 visa status is tied to your H-1B spouses status. But, implementation of the same is going to be by FY 2025. Q. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Share sensitive information only on official, secure websites. This would violate the EAD rules. It can be a tricky situation if you want to work outside the country without an EAD. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. See the below timeline for additional details. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. It is not mentioned in the settlement agreement. How much time will it take to make it a law? USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. Q. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. H4 Employment Authorization Document (EAD) I Forms. Effective May 17, 2021, U.S. 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. I have y wife h4 pending for 4 months. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Visa Interview ? Yes, you can. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. 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. 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. No, not possible at the moment. 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. 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. Below is our H4 visa EAD FAQ series based on information released by USCIS. 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. A year is a very long time to wait for a household that needs additional income to pay the bills. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. 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. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. After approval, it takes another ten days to get approval notice by mail, and approx. The premium processing clock, when someone. 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. H4 EAD Premium Processing News Planned for FY 2025, Fee $1500, Current Status on H4 Visa, H4 EAD Premium Processing, Timeline, Latest News Updates on H4 and H4 EAD Premium Processing, Summary of H4 Visa, H4 EAD Premium Processing Bill, Travel to USA Processes, Samples, How to Guides, published the Regulation to implement Premium Processing, Official Press Release by USCIS On Premium Processing. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. 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. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. Hello @Anil_Gupta , Thanks for your prompt response. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. 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. Immigration Attorney in Los Angeles, CA. This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny. Each . USCIS has acknowledged that their backlog of applications to be processed is significant. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Employment authorization is incorporated into the visa itself, even for spouses. 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 . VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . There are a few ways to go about obtaining your green card while on an H-4 visa: Some other nonimmigrant visas allow you to work in the U.S. automatically, such as the O, E, and L class visas. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. 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). Divyendu, Yes, H4 EAD will also start in FY 2025. To work in the US, you must first apply for an employment authorization document (EAD). 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. 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. I had filed for renewal before the expiration. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. 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. The new card is valid from Jan 2023 till Jan 2025. This added unnecessary delays and increased processing time by up to 2 years. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . At present, there is no option for H4 EAD extension premium processing. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? Will there be premium processing for GC EAD as well? More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. 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. This may have been misleading to some H4 EAD holders who believed they were a part of that group. 3. First, the principal. Weve received many questions regarding qualifications, documentation required, processing procedures and the. 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. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Proposed Filing Fee Increases. Why US Visa Status on CEAC says Refused for 221g ? Processing time 15 to 45 days. It is not a priority for Trump Administration. If you file separately, then this rule wont apply. USCIS reviews the application and makes a decision. 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%. Dont accept any job offers from people who can tell you that you can work without an EAD. So is it a problem only for new EAD applications? H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. Any new updates on H4, H4 EAD premium processing? 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. With that being said, it shouldnt be an issue if it was filed by a previous employer. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. There is no guarantee that USCIS will expedite your EAD processing once you ask. Employment Authorization for Certain H-4 Dependent Spouses | U.S. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. This H-4 EAD FAQ series is intended to act as a guideline for filing. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. Thanks. The date of your EAD will, be valid from the date your I-765 is adjudicated or the date in which you acquire H-4 status (whichever is later). The bill was signed into law by president on Oct 1, 2020. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765).