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VisaGrader.com Your relationship to the H-1B immigrant. The H4 EAD application fee is $410. Fee varies from $1500-$2500. Although, this did not extend to H4 benefits. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. How long does a Request for Evidence take? You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. The premium processing time for H4 visa using Form I-539 will be 30 Days. National ID document with photo. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs - Murthy All forms of employment require an EAD. or even an H-1B visa yourself. USCIS processing times for L2 EAD (Employment Authorization Document) . Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. First, the principal. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. File it now, and it will be approved before premium processing is implemented. 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.. You will see the status say, sent for printing. 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). This would violate the EAD rules. Congress Approves Massive I-907 Premium Processing Fee Rise 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 processes the premium processing request and makes a decision on the application. 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. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. 4. Avvo Rating: 10. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. 4. The premium processing fee for all I-765 applications will be under $1,750. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. . I dont see anything anywhere. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. A reputable employer would never offer to employ you without an EAD. Your H-4 visa status is tied to your H-1B spouses status. 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. The USCIS provided a 540-day auto-extension based on the renewal application. See the below timeline for additional details. Yes. You definitely clarified my doubt. This is because the USCIS could potentially send a request for additional information or a. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). (213) 376-3107. Unfortunately, premium processing is not available for Form I-765. This added unnecessary delays and increased processing time by up to 2 years. [ 67] If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. Terms of Service By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. USCIS premium processing will NOT be available for H4, EAD until FY 2025. January 23, 2023. Therefore, you. USCIS Premium Processing for H4, L2, EAD. $2500 for H1B - RedBus2US Q. Once approved, the B2 visitor visa extension should be processed in under 30 days. Below are the screenshots that indicate the same. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . 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. 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. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . Thanks. As noted in the rule's preamble: . 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. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. "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 . Official websites use .gov Any idea when this will in effect. H4 EAD Premium Processing News: Planned for FY 2025, $1500 Fee. Pay one Premium fee for H1B, H4, EAD by filing together? Please contact us at INFO@COHENTUCKERLAW.COM with any questions. 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. Signed by President on 1st October. But its still good news for us. If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. Hello Anil, firstly thanks for posting great information. Can we expect this to be implemented soon or would it take months for USCIS to implement this? This will incur an H-4 EAD visa fee of $410. Again, this provision will be effective only after USCIS completes the regulatory process. 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. Just saw this status for the bill. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. Thursday, July 8, 2021. You need to be at the screening location at the scheduled date and time. Visa Interview ? The rule codifies premium processing fees and adjudication timeframes provided by Congress. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Approve of premium processing for H4 EAD NOW! You can file Form 1-765, along with Form I-539 and the I-129 at the same time. 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. 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. 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. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. 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. Official identification issued by the government. L2 EAD. This added unnecessary delays and increased processing time by up to 2 years. The premium processing time for H4 visa using Form I-539 will be 30 Days. AM22Tech - H4 EAD premium processing coming soon - Facebook USCIS responded by implementing an automatic 180-day extension to H4 EAD. Request a confidential consultation today. 11-year Top Contributor. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. a week to ten days to receive your card. 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. It is set to be $1,500 USD as per regulation. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. The bill was signed into law by president on Oct 1, 2020. USCIS reviews the application and makes a decision. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Will there be premium processing for GC EAD as well? L. No. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. So does this also mean that if anyone has to extend H4+EAD the fees are expected to be total $1750+$1500 and the duration be 30+30 total days? It can have serious consequences for you and serious consequences for the person who employs you. 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. These are just some questions that may or may not appear in your interview. This is much better than filing court litigations or losing a job. 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 . Hello Anil, I couldnt find a way to post a new message here. . They have plans to implement premium processing, but the plans arent immediate. After approval, it takes another ten days to get approval notice by mail, and approx. 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. The applicant then pays the premium processing fee. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. The regulations state that your H1B spouse needs to just have an approved I-140. After that, both you and your spouse will be considered out of status and your EAD will be invalid. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. H-4 EAD Frequently Asked Questions (FAQ) - Adhikari Law PLLC Big winners are H-4 spouses. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. All requests are considered on a case-by-case basis. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. H4 & EAD premium processing starting May 31, 2022. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . Processing time 15 to 45 days. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. This will incur an H-4 EAD visa fee of $410. Neither your employer nor your spouses employer is obligated to pay them. USCIS has acknowledged that their backlog of applications to be processed is significant. It can be done safely and legally without violating any United States laws, but a lawyer would need to view the circumstances in order for you to be sure youre making the right decisions. It can be a tricky situation if you want to work outside the country without an EAD. Website. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. Carl Michael Shusterman. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Birth certificate with photo ID. Copy of your passport. USCIS premium processing will NOT be available for H4, EAD until FY 2025. It is also a violation of your nonimmigrant status. 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. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. 5. 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. USCIS on Twitter how long it take effective ? 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. Fortunately, unlike the H-1B visa, there is no annual cap to the H-4 EAD. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. In order to qualify for employment authorization documents, there are two main criteria. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. 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. 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. 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. When slow EAD processing times began threatening peoples ability to exist in the United States, USCIS issued the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants. 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.. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Thanks. How to Check US Visa Status Online? Answer: Unfortunately, while USCIS rules have been fluctuating in the last few years for premium processing availability for H-1B principal visa holders, there hasn't been much movement for this option for H-4 EAD holders. This is done the way that you would get a renewed card.