To get the H4 and EAD approval quickly, do this: File H1B extension/transfer/Change of status, H4, and H4 EAD in the same package (at the same time). It is not mentioned in the settlement agreement. This is a hefty sum, but 30 days . 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. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. 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 agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. 4. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. It is not advisable to file more than 180 days before this date. If the h4 biometric requirement is not removed, we suspect the delays will still be there. | The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. There is no guarantee that USCIS will expedite your EAD processing once you ask. They have a thorough knowledge of the H-1B process and this new EAD rule. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 2023 Cohen, Tucker & Ades P.C. Premium processing benefits have been extended to other forms. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. Since the Biden administration took office, they have not acted on implementing this for a long time. Any update on it ? 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. 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.. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). 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). Fortunately, this is not a one-time opportunity. The new card is valid from Jan 2023 till Jan 2025. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. However, since then both the cases havent moved any further. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. Looking for U.S. government information and services? It is planned to be implemented by FY 2025. National ID document with photo. 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. . After that, both you and your spouse will be considered out of status and your EAD will be invalid. Hi Anil, A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. L2 EAD. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. 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. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. The H-1B visa holder must have a status . Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. If for whatever reason the USCIS revokes this petition, you would not qualify. 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. 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. L. No. Therefore, you. 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's worse, if concurrently filing the H-4 EAD renewal . If you were to help others make investments or engage in Forex trading, you would technically be working. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. . 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. 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. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. See the timeline and screenshots. After approval, it takes another ten days to get approval notice by mail, and approx. You cannot release it independently while youre in the US. Just saw this status for the bill. You are not permitted to work with an ITIN number. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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 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 . This H-4 EAD FAQ series is intended to act as a guideline for filing. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. The premium processing clock would only commence after the. These are their internal goals which are quite ambitious given the current pathetic situation. Youre still working in your home country. Refer to your receipt notice to find your form, category, and office. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Conclusion Complete Guide to the H4 Visa in the U.S. Its still a long waiting period. A, We need to wait. 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. 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. This may have been misleading to some H4 EAD holders who believed they were a part of that group. 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 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. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. Request a confidential consultation today. The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. For example, the I-129 H-1B filing . Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. 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. | 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 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. The applicant then pays the premium processing fee. 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. The fee is going up by over $1,000. 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. Immigration Attorney in Los Angeles, CA. The rule codifies premium processing fees and adjudication timeframes provided by Congress. H4 EAD PP is not being implemented in near future. Divyendu, Yes, H4 EAD will also start in FY 2025. USCIS reviews the application and makes a decision. Employment Authorization for Certain H-4 Dependent Spouses | U.S. It is called public law 116 159. A copy of your last EAD. The premium processing time for H4 EAD application cannot exceed 30 days. 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. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. USCIS will also provide premium processing option for H4 EAD applicants. 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. USCIS H4 EAD Premium Processing. Any luck on your side? 11-year Top Contributor. Website. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. EB1-C i-140 premium to start in 2022. 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. Likewise, the EAD expiration date will be when your H-4 status expires. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. 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. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. USCIS processes the premium processing request and makes a decision on the application. There is no concrete date given yet. This added unnecessary delays and increased processing time by up to 2 years. Fee varies from $1500-$2500. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. Q. The only way to get employment authorization, in this case, is to already have H-4 status. Non-immigrants working in this country heavily rely on work authorization to exist in the United States, and many of them also rely on their spouses income.