Youll need: Additional details regarding the requirements can be found here. Next steps are we wait for DHS to publish the final rule in Federal register and have an effective date. The requirements are as follows: The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved. Request a confidential consultation today. 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 release it independently while youre in the US. A final rule titled Implementation of the Emergency Stopgap USCIS Stabilization Act was published in the Federal Register at 87 FR 18227 (March 30, 2022). You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. However, there are stipulations to the rule that must be taken into consideration when applying. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . The good news is that USCIS has just released an updated H4 EAD processing time. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. Although the bill was passed, its provisions were never implemented. When will this good news go into effect? It may take few months at least. A reputable employer would never offer to employ you without an EAD. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Below is our H4 visa EAD FAQ series based on information released by USCIS. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. Since the Biden administration took office, they have not acted on implementing this for a long time. The H4 EAD application is filed with USCIS. These are just some questions that may or may not appear in your interview. See the timeline and screenshots. Just saw this status for the bill. Its connected to your spouses or your parents visa. This provision will be effective after USCIS completes the regulatory process. Investments arent considered employment. To deny a work permit for a LEGAL . The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. 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.. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. 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. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. The first and most viable solution is to obtain a work visa yourself. Q. 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. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times. . After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. 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. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. Until the fiscal year 2025 which starts on Oct 1, 2024, the only viable option would be filing the mandamus lawsuits to make USCIS work for timely approving EADs. The rule has come under the administrative spotlight over the past several months, meaning that a day may soon come when H-4 holders are no longer able to apply for work authorization. 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. USCIS H4 EAD Premium Processing. 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. Any idea when this will in effect. Im waiting for Perm and will file I140 in premium. Hello @Anil_Gupta , Thanks for your prompt response. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. Weve received many questions regarding qualifications, documentation required, processing procedures and the. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. For more help navigating your unique tax situation, seek the assistance of a tax attorney. . However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. A key worker is someone whose employment makes the normal operation of a workplace possible. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. It is set to be $1,500 USD as per regulation. Terms of Service I had filed for renewal before the expiration. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. 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. Immigration Attorney in Los Angeles, CA. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Any luck on your side? 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. Read More. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. 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. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. It is planned to be implemented by FY 2025. These are their internal goals which are quite ambitious given the current pathetic situation. 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. Once approved, the EAD will be processed in under 30 days. You will need a physical card per I9 compliance to work. Regulatory . The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. Thanks. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Processing time 15 to 45 days. I fear my wife is going to lose her job since EAD expires end of October. 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. What's New on VisaGrader? The cost of goods and services is rapidly rising in America due to unchecked inflation. If youre acting as a day trader and youre only making personal investments, your investments are considered a normal part of financial management. The premium processing time for H4 visa using Form I-539 will be 30 Days. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. 4. If the h4 biometric requirement is not removed, we suspect the delays will still be there. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. 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 . However, since then both the cases havent moved any further. 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. Speak with your immigration attorney to learn how you can best approach your interview. Official websites use .gov We do not have the date on when this will be effective. 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. If losing you as an employee would cause a workplace to suffer great financial harm or lay off other employees, USCIS may expedite your H-4 EAD request to avoid harming the livelihood of others. The fee is going up by over $1,000. Processing times vary from center to center, but H-4 EAD usually takes a while to process. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. 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. It is unclear whether the H4 biometric requirement is going away. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. Many people wait up to a full year for their documents to be processed. Visa Interview ? 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. Pay one Premium fee for H1B, H4, EAD by filing together? Premium processing benefits have been extended to other forms. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. With that being said, it shouldnt be an issue if it was filed by a previous employer. 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. A year is a very long time to wait for a household that needs additional income to pay the bills. USCIS premium processing will NOT be available for H4, EAD until FY 2025. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? Is premium processing available for H4 EAD? USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. If you leave the country and want to reenter you must have a valid passport and H-4 nonimmigrant visa (or another travel document) with you. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. To work in the US, you must first apply for an employment authorization document (EAD). OMB review is the last step in the rulemaking process before U.S. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Likewise, the EAD expiration date will be when your H-4 status expires. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. After approval, it takes another ten days to get approval notice by mail, and approx. 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. USCIS may be willing to expedite certain EAD documents under emergency circumstances as long as the H-4 EAD was filed properly and in a timely manner. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. 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 . The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Visa issued by a foreign consulate. Working without an EAD is illegal. 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. We expect the announcement to be made in 7-10 days after the president signs it. Effective May 17, 2021, U.S. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. 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. 5. 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. USCIS will no longer accept previous editions of this form. The below article tracks the latest news updates on the same with the timeline of events, current status. 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. Delayed USCIS processing times for H-4 applications will still mean that many individuals with pending H-4 applications will not be able to work past their I-94 expirations even if the automatic EAD extension timeline advances past that timeline. Unfortunately, premium processing is not available for Form I-765. In order to qualify for employment authorization documents, there are two main criteria. 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. 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. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. Any updates on H4 EAD premium processing? 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. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. Secure .gov websites use HTTPS USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Each . It can take approx. The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. Processing time 15 to 45 days. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. 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.
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