This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny. Below are the screenshots of the official text in the regulation that talks about it. The applicant then pays the premium processing fee. As of now, we do not have the text published for the same. Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765? The H-4 EAD premium processing takes about two weeks. January 23, 2023. 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. Good news for families of foreign nationals working in the US! She will lose job in another 2 months. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. 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. Premium processing only applies to certain forms. [ 67] Many households need two incomes in order to make ends meet. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. USCIS responded by implementing an automatic 180-day extension to H4 EAD. The company you hold a contract with might be able to refer you to a U.S.-based tax attorney with experience working for the company. It is unclear whether the H4 biometric requirement is going away. It is not mentioned in the settlement agreement. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. . I have y wife h4 pending for 4 months. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. The H-1B visa holder must have a status . 116-159 . There is no concrete date given yet. This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. This added unnecessary delays and increased processing time by up to 2 years. This website is a public resource of general information which is intended, but not promised or guaranteed, to be complete, accurate, and up-to-date. It can have serious consequences for you and serious consequences for the person who employs you. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. Will the premium processing for EAD also include L2 EAD? So youll like to have around 1 year for H4 EAD to be approved. You will need a physical card per I9 compliance to work. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. 3. This added unnecessary delays and increased processing time by up to 2 years. No, they said that they will start implementing it for new filing starting Jan 25. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. 5. . Speak with your immigration attorney to learn how you can best approach your interview. Q. The settlement was specifically to return to concurrent adjudication when filed together. 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. Fee varies from $1500-$2500. USCIS H4 EAD Premium Processing. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. As the lawmakers note, the USCIS could charge up to $1,400 for each application, and this revenue could pay for the additional expense of having to expedite the processing of these cases. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . Thank you so much for the explanations! Since the Biden administration took office, they have not acted on implementing this for a long time. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. The regulations state that your H1B spouse needs to just have an approved I-140. Copy of your passport. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. A key worker is someone whose employment makes the normal operation of a workplace possible. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. Processing time 15 to 45 days. 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. The only way to get employment authorization, in this case, is to already have H-4 status. A reputable employer would never offer to employ you without an EAD. USCIS rules have recently fluctuated for H1B premium processing availability. 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. Secure .gov websites use HTTPS You must release your work exclusively through a company outside of the United States. Weve received many questions regarding qualifications, documentation required, processing procedures and the. USCIS H4 EAD Premium Processing. 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. 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. This H-4 EAD FAQ series is intended to act as a guideline for filing. Long processing times for the H-4 EAD have been a major issue for many non-immigrant families currently living in America. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Employment authorization is incorporated into the visa itself, even for spouses. It can take approx. Thanks. Signed by President on 1st October. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. This is a hefty sum, but 30 days . Although the bill was passed, its provisions were never implemented. | 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 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. | I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. 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. Why US Visa Status on CEAC says Refused for 221g ? If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. 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. After approval, it takes another ten days to get approval notice by mail, and approx. 4. The final regulation in federal register is effective from May 31st, 2022. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Hello @Anil_Gupta , Thanks for your prompt response. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). The H4 EAD application is filed with USCIS. Any luck on your side? They are prioritizing F1 OPT for Form I-765 in FY 2022. First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). Each . Will there be premium processing for GC EAD as well? 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. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. What Will H-4 EAD Premium Processing Cost? First, the principal. 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. As per the final rule published (29 Mar 2022), USCIS will NOT be able . I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Once OMB approves it. Refer to your receipt notice to find your form, category, and office. Your H-4 visa status is tied to your H-1B spouses status. 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. . 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.. 4. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. Divyendu, Yes, H4 EAD will also start in FY 2025. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. This would violate the EAD rules. A number of documents are necessary when demonstrating proof of eligibility. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. Most probably, early next year, USCIS will start premium processing for H4 EAD. To add salt to injury, the premium processing will be started immediately for EB1C i140 and EB2-NIW. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. 2023 AM22Tech| As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). I-140: The new fee is $2500 and the processing time is 15 . This bill contained provisions for H-4 visas to make the process simpler. Below is our H4 visa EAD FAQ series based on information released by USCIS. Other EAD categories (not H4) are eligible for the 180-day extension. 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. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. A copy of your last EAD. Any idea when OMB will process this request.