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. This temporary increase in the auto-extension period will end on Oct 26, 2023. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). Implementation of the Emergency Stopgap USCIS Stabilization Act As of now, we do not have the text published for the same. 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. Does anyone know if this is a Interim Rule or Direct Final Rule? Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. 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. Select your form, form category, and the office that is processing your case. At the same time, I file for H1B transfer to a new employer. Premium processing allows people to jump the queue and get approvals or authorization without facing processing delays. 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. Inordinate delay in processing of H-4 work - Times of India If you need to file an H-4 EAD, theres no sense in waiting. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. 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. OMB review is the last step in the rulemaking process before U.S. The H-1B visa holder must have a status . Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. H4 EAD PP is not being implemented in near future. 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. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. View Rule - REGINFO.GOV In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Below is a summary of the latest status of H4 Visa (Form I-539) and H4 EAD(Form I-765) premium processing as of March 30th, 2022. File H1B transfer while H4EAD pending with USCIS - TruVisa Dont accept any job offers from people who can tell you that you can work without an EAD. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. USCIS Issues Immigration Rule To Expand Premium Processing - Forbes To work in the US, you must first apply for an employment authorization document (EAD). A copy of your last EAD. It can have serious consequences for you and serious consequences for the person who employs you. It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouses H-1B or green card petitions. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. You cant legally work without an EAD unless youre in the United States on a work-specific visa. What Is Premium Processing for H4 EAD Through USCIS? However, they may do so if they choose EAD. We expect the announcement to be made in 7-10 days after the president signs it. 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 . 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. Update I94 on already applied H4EAD - H4 Visa - RedBus2US Community Employment authorization is incorporated into the visa itself, even for spouses. H-4 EAD FAQs | Common H-4 EAD Questions Answered - VisaNation USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. 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. After a long wait, finally, on March 30th, 2022, DHS. The USCIS says on its site 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. 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. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. This rule applies to people whose H-4 EAD is pending. 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. It is set to be $1,750 USD as per regulation. Save my name, email, and website in this browser for the next time I comment. Once approved, the B2 visitor visa extension should be processed in under 30 days. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. The H4 EAD application fee is $410. Topics. Big changes announced by USCIS. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2. You need to be at the screening location at the scheduled date and time. You will see the status say, sent for printing. H4 EAD Premium Processing - Facts, News Updates, And More When will this good news go into effect? 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. 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. Speak with your immigration attorney to learn how you can best approach your interview. 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. 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. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Theyll each have different information that would be relevant to your situation. Current EAD Processing Time 2022 - H4, L2, I-485 Green Card - USA (2023) The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. 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. There are a few ways to go about obtaining your green card while on an H-4 visa: Some other nonimmigrant visas allow you to work in the U.S. automatically, such as the O, E, and L class visas. H4 EAD Premium Processing - Not Available Until 2025 (Sad News Signed by President on 1st October. Once approved, the EAD will be processed in under 30 days. 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. Thursday, July 8, 2021. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. H4-EAD Premium Processing Time - TaxUni It was with the Office of Management and Budget (OMB) for a long time until February 2022. Youre still working in your home country. AM22Tech - H4 EAD premium processing coming soon - Facebook https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. 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. 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. If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. 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? How Early Can I File My H-4 and H-4 EAD Renewals? USCIS will no longer accept previous editions of this form. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Coming Soon - Premium Processing For H-4 EAD - Path2USA Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . They are prioritizing F1 OPT for Form I-765 in FY 2022. Promise Kept? USCIS Showing Signs of Improving Immigration Processing Below are the screenshots of the official text in the regulation that talks about it. Regulatory . You can now just pay the money instead of begging for timely approval of your EAD. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. H-1B visa approvals surge to 97% in fiscal 2021. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? Weve received many questions regarding qualifications, documentation required, processing procedures and the. These visas in particular also allow dependents to work in the U.S. Keep in mind that changing ones status can be tricky, especially when you have an approved I-140 pending with the USCIS. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. USCIS responded by implementing an automatic 180-day extension to H4 EAD. Its connected to your spouses or your parents visa. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. Any idea when this will in effect. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . The premium processing clock, when someone. 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. So is it a problem only for new EAD applications? 116-159 . 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.