An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. 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. The premium processing clock would only commence after the. I dont see anything anywhere. 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. . 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. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. . Once approved, the B2 visitor visa extension should be processed in under 30 days. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. H4 EAD holders were upset with unreasonable processing times and took USCIS to court. . The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . Hi Anil, As noted in the rule's preamble: . You cannot start a job in the US until you have your EAD. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. H4 Employment Authorization Document (EAD) I Forms. Good news for families of foreign nationals working in the US! On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. 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. 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. 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. USCIS has agreed to resume processing of H-4 and L-2 dependent visa applications submitted on 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. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Hello Anil, firstly thanks for posting great information. 2023 Cohen, Tucker & Ades P.C. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. 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. A reputable employer would never offer to employ you without an EAD. Does that jeopardize H4 EAD or my H1B transfer? Replace Green Card (I-90 Form) The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. Therefore, you. 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. This H-4 EAD FAQ series is intended to act as a guideline for filing. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. So, I used the reply option. Unfortunately, premium processing is not available for Form I-765. Regulatory . 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. So there is no need to worry about having your petition rejected on that account. VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. What is the current processing time of application filed in vermont SVC ? The premium processing fee for all I-765 applications will be under $1,750. 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. Thanks. EB1-C i-140 premium to start in 2022. Likewise, the EAD expiration date will be when your H-4 status expires. 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. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. To request premium processing on or after January 30, the Form I-907 (Request for Premium Processing)?version dated November 3, 2022?must be filed. You can now just pay the money instead of begging for timely approval of your EAD. 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. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. 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. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. DHS hopes to have H-4 EAD premium processing available by the year 2025. Secure .gov websites use HTTPS Thank you so much for the explanations! Unfortunately, H4 EADs cannot be premium processed. As of now, we do not have the text published for the same. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! Read More. 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. USCIS responded by implementing an automatic 180-day extension to H4 EAD. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. Just file a new I-765 along with the filing fee to replace your card. You will need a physical card per I9 compliance to work. 4. It would be great if they can give a bundle price for premium processing of all three applications together like H1B + H4 + H4 EAD. 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. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. You are not permitted to work with an ITIN number. This will incur an H-4 EAD visa fee of $410. Thanks. January 23, 2023. 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. USCIS has acknowledged that their backlog of applications to be processed is significant. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. 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. The first and most viable solution is to obtain a work visa yourself. You must release your work exclusively through a company outside of the United States. or even an H-1B visa yourself. 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. Youll need: Additional details regarding the requirements can be found here. If you were to help others make investments or engage in Forex trading, you would technically be working. 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. After approval, it takes another ten days to get approval notice by mail, and approx. Now, with this new rule, H-4 holders can apply for, In order to qualify for employment authorization documents, there are two main criteria. How long does a Request for Evidence take? | Is premium processing available for H4 EAD? Immigration Attorney in Los Angeles, CA. A key worker is someone whose employment makes the normal operation of a workplace possible. This is much better than filing court litigations or losing a job. Often, you may be feeling the pain of long processing times. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. L. No. Other EAD categories (not H4) are eligible for the 180-day extension. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. Request a confidential consultation today. A year is a very long time to wait for a household that needs additional income to pay the bills. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. Licensed for 49 years. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. It is not a priority for Trump Administration. 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. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. Dropbox ? Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. However, since then both the cases havent moved any further. The H4 EAD category C26 is not eligible for the 180 day automatic extension. a week to ten days to receive your card. For now, the biometrics requirement has been suspended - but by the time USCIS is implementing the long-awaiting H-4 premium processing, the biometrics requirement will be back and USCIS will continue to have an excuse not to take any action on these cases - even when the applicant is desperately trying to pay them an extra $3,250 to get a decision on these applications within 30 days . The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. All forms of employment require an EAD. Employment Authorization for Certain H-4 Dependent Spouses | U.S. 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. Any idea when this will in effect. It is not mentioned in the settlement agreement. How long have you and your spouse been married? A copy of Form I-94 showing admission of H-4 status. Its best practice to respond as early as possible and discuss it with your immigration attorney. 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 . The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. If for whatever reason the USCIS revokes this petition, you would not qualify. 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. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. Prior to March 2019, USCIS's policy was to generally adjudicate I-129 petitions (for H-1 or L-1) at the same time with concurrently-filed I-539 (for H-4 or L-2) and I-765 (for H-4 EAD and L-2 EAD) applications and this policy applied to both regular and premium processing filings. 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. Will the premium processing for EAD also include L2 EAD? I have y wife h4 pending for 4 months. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025.