According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. They have to now wait for another 3 years to see any daylight. These are just some questions that may or may not appear in your interview. Many households need two incomes in order to make ends meet. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. 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? After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. But its still good news for us. 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. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. A copy of Form I-94 showing admission of H-4 status. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS has shared a new term called cycle 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. As of January 2017, the USCIS is providing a. to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. Read: USCIS opens H-1B registration for FY 2023 on March 1 (January 29, 2022) Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 . Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. USCIS hasproposedsubstantial government filing fee increases for 2023. 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. This would violate the EAD rules. Carl Michael Shusterman. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. If for whatever reason the USCIS revokes this petition, you would not qualify. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. Learn more by scheduling a consultation today! The H1B Visa stamp that is issued to the individual and stamped in the passport is not employer-specific and continues to be valid even after you move to another employer until the Expiration Date on it. L2 EAD. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. The USCIS provided a 540-day auto-extension based on the renewal application. H-4 visa spouses need an EAD to work in the United States and contribute to their household. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. 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. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. Review our. 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. H4 EAD. 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. The premium processing time for H4 EAD application cannot exceed 30 days. How long does a Request for Evidence take? To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. File it now, and it will be approved before premium processing is implemented. Will there be premium processing for GC EAD as well? Check your inbox to confirm your email and download the free e-book. 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. No. It will have to wait in line with all the other applications or petitions of the same type to be processed in the order it was received. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. 3. After that, both you and your spouse will be considered out of status and your EAD will be invalid. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. A, We need to wait. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. 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. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. Since the Biden administration took office, they have not acted on implementing this for a long time. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. You definitely clarified my doubt. Is premium processing available for H4 EAD? This provision will be effective after USCIS completes the regulatory process. 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. 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. Topics. An Alternative to Premium Processing: Submit an Expedite . 447 reviews. [ 67] USCIS processing times for L2 EAD (Employment Authorization Document) . 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. 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. However, there are stipulations to the rule that must be taken into consideration when applying. USCIS processes the petition, which can take several months. Avvo Rating: 10. The H4 EAD application fee is $410. I-140: The new fee is $2500 and the processing time is 15 . The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Sorry for that. Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. Visa issued by a foreign consulate. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. To work in the US, you must first apply for an employment authorization document (EAD). It was with the Office of Management and Budget (OMB) for a long time until February 2022. All forms of employment require an EAD. 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. . Any updates on H4 EAD premium processing? It can have serious consequences for you and serious consequences for the person who employs you. A key worker is someone whose employment makes the normal operation of a workplace possible. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. Terms of Service 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. I dont see anything anywhere. Big winners are H-4 spouses. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Effective May 17, 2021, U.S. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. Wait for your Social Security card to arrive (takes about 5-6 weeks). Premium processing only applies to certain forms. Hi, will there be a 60-day comment period post publication of the rule in the federal register? So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . . The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Proposed Filing Fee Increases. 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. The final regulation in federal register is effective from May 31st, 2022. 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. It may take few months at least. This website is not sponsored or associated with any particular linked entity unless so stated. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. They have a thorough knowledge of the H-1B process and this new EAD rule. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. This will incur an H-4 EAD visa fee of $410. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. 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. She will lose job in another 2 months. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. The premium processing clock would only commence after the. USCIS reviews the application and makes a decision. If you were to help others make investments or engage in Forex trading, you would technically be working. The EAD, or Employment Authorization Document, makes it legal for people who dont have permanent resident status or visas that authorize employment to work in the United States. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. 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. 4. Working without an EAD is illegal. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. 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. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. For example, the I-129 H-1B filing . A copy of your last EAD. Weve received many questions regarding qualifications, documentation required, processing procedures and the. However, the situation is different for the H-4. You must release your work exclusively through a company outside of the United States. 11-year Top Contributor. 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). A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. Official websites use .gov I recently renewed my green card EAD; the first EAD card expired on 04/2019. Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. After a long wait, finally, on March 30th, 2022, DHS. There is no concrete date given yet. Fee varies from $1500-$2500. Looking for U.S. government information and services? 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 . What's New on VisaGrader? The H-1B visa holder must have a status . H4 EAD holders were upset with unreasonable processing times and took USCIS to court. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. 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. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Secure .gov websites use HTTPS Contact Us. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. 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). So, I used the reply option. If you need to file an H-4 EAD, theres no sense in waiting. 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. Q. For more help navigating your unique tax situation, seek the assistance of a tax attorney. "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 . Other EAD categories (not H4) are eligible for the 180-day extension. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . A .gov website belongs to an official government organization in the United States. 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. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. 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. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. Complete Guide to the H4 Visa in the U.S. | Powered by Edge Creative, COHEN, TUCKER & ADES P.C.42 BROADWAY SUITE #310 | NEW YORK | NY | 10004 | UNITED STATES | (212) 840-0050 | INFO@COHENTUCKERLAW.COM 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. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. 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. What Is Premium Processing for H4 EAD Through USCIS? USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). 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 Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. 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 cannot start a job in the US until you have your EAD. 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. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. The first and most viable solution is to obtain a work visa yourself. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. The bill included provisions for extensions, changes of status, and work authorization.