In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. Please comment on this one. Employment authorization is incorporated into the visa itself, even for spouses. This fee increase applies to all categories that have premium processing before August 1, 2020. USCIS Announces New Actions to Reduce Backlogs, Expand Premium 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. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Why US Visa Status on CEAC says Refused for 221g ? 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. A .gov website belongs to an official government organization in the United States. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on Its best to get the advice of an experienced immigration attorney before you attempt to seek employment outside of the country. 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. Big winners are H-4 spouses. After a long wait, finally, on March 30th, 2022, DHS. Basically, the outdated immigration system is forcing you to spend the money either by paying a premium fee or paying lawyers for filing court cases. Is premium processing available for H4 EAD? Just saw this status for the bill. 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. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Contact Us. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. H4-EAD Premium Processing Time - TaxUni It is called public law 116 159. See the below screenshot for both H4 and H4 EAD premium processing details. The cost of goods and services is rapidly rising in America due to unchecked inflation. What Is Premium Processing for H4 EAD Through USCIS? Looking for U.S. government information and services? Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. Replace Green Card (I-90 Form) USCIS rules have recently fluctuated for H1B premium processing availability. This would violate the EAD rules. Thanks. 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. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. H4 ead premium processing - Admit School | 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. Proposed Filing Fee Increases. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS Often, you may be feeling the pain of long processing times. 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. 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. 5. Get all 3 approved in 15 days using premium. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. 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. Below are the screenshots of the official text in the regulation that talks about it. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Current USCIS Processing Times by Service Center You cannot start a job in the US until you have your EAD. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. HR EAD Premium Processing Explained - Cohen, Tucker & Ades The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. USCIS reviews the application and makes a decision. 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 clock would only commence after the. Signed by President on 1st October. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Again, this provision will be effective only after USCIS completes the regulatory process. Due to their constraints and budget issues, USCIS is implementing the premium Processing in a phased manner and not implementing all the forms in FY 2022. "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 . 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). Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form . Request a confidential consultation today. USCIS responded by implementing an automatic 180-day extension to H4 EAD. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. . Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Wait for your Social Security card to arrive (takes about 5-6 weeks). Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. 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. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. Thanks. 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. Will there be premium processing for GC EAD as well? What is the processing time for H4? You cannot release it independently while youre in the US. This temporary increase in the auto-extension period will end on Oct 26, 2023. 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. Processing Times USCIS seeks to include work permits in premium processing The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. This H-4 EAD FAQ series is intended to act as a guideline for filing. Not sure which option is right for you? 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. 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. Can we expect this to be implemented soon or would it take months for USCIS to implement this? H4 EAD: What You Need to Know in 2022 - Ashoori Law 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. Hello Anil, firstly thanks for posting great information. DHS hopes to have H-4 EAD premium processing available by the year 2025. As per the final rule published (29 Mar 2022), USCIS will NOT be able . USCIS Issues Immigration Rule To Expand Premium Processing - Forbes 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. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 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. Visa issued by a foreign consulate. Investments arent considered employment. 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. USCIS H4 EAD Processing Time - Hacking Immigration Law, LLC. What is the current processing time of application filed in vermont SVC ? 4. No, not possible at the moment. This move marks a resumption of USCIS' prior practice that the Trump Administration upended in March 2019. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. Wait for your date to become current 6. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. Does that jeopardize H4 EAD or my H1B transfer? 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. When someone comes to the United States to work in a specialty occupation with an H1B visa, they have the ability to bring their spouse with them on an H-4 visa. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. 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. 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. Fee varies from $1500-$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. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Thanks. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. You can now just pay the money instead of begging for timely approval of your EAD. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. RedBus2US.com 2010 - 2023, All Rights Reserved. I had filed for renewal before the expiration. All you need to do is complete Form I-765 and submit it to US Citizenship and Immigration Services (USCIS) along with other documentation and the required fee. 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. 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. [ 67] Learn more by scheduling a consultation today! View Rule - REGINFO.GOV EB1-C i-140 premium to start in 2022. It was with the Office of Management and Budget (OMB) for a long time until February 2022. If approved, USCIS sends an approval notice to the applicant. Each . The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. 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. Youll need: Additional details regarding the requirements can be found here. The H4 EAD application fee is $410. 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. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. 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. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. EB2 Priority Date; USCIS Form Processing Times; NVC Case Status; Priority Dates; H1B Premium Processing; Breaking Down the Credit Score; Passport Books versus Passport Cards; U.S . . USCIS will post the text for public inspection at least a day before the rule is officially published. Will the premium processing for EAD also include L2 EAD? 1. Hi, will there be a 60-day comment period post publication of the rule in the federal register? The premium processing service will set you back $1,500. But its still good news for us. USCIS should share more details on how the premium processing will work for H4, L2, and F extension cases when the biometric is an important step in the middle. 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 . 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. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. | 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 As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Any situations not addressed below should be addressed with a qualified immigration attorney. USCIS processes the petition, which can take several months. It can take approx. Many people wait up to a full year for their documents to be processed. If youre a creative professional, like an author or a musician, you probably work with a record label or a publishing house that pays you for your work. 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. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. 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.

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