4. You are not permitted to work with an ITIN number. The only way to get employment authorization, in this case, is to already have H-4 status. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. No, not possible at the moment. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. 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. 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. No. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. Effective May 17, 2021, U.S. 2. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. It is planned to be implemented by FY 2025. At present, there is no option for H4 EAD extension premium processing. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing 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. Most probably, early next year, USCIS will start premium processing for H4 EAD. Regulatory . Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. It is set to be $1,750 USD as per regulation. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. 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. The premium processing time for H4 EAD application cannot exceed 30 days. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. Pay one Premium fee for H1B, H4, EAD by filing together? If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. Below is our H4 visa EAD FAQ series based on information released by USCIS. Q. If the h4 biometric requirement is not removed, we suspect the delays will still be there. Get all 3 approved in 15 days using premium. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . USCIS should announce the date of the premium processing service start for the new types of applications soon.The bill has just passed Senate on Sep 30, 2020. You can check service center H4 EAD processing times here. As of now, we do not have the text published for the same. A .gov website belongs to an official government organization in the United States. Premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. 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. Citizenship and Immigration Services (USCIS) final rule that would expand premium processing to include additional case types has cleared the Office of Management and Budget, putting it closer to publication and implementation. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. 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. How long have you and your spouse been married? Will the premium processing for EAD also include L2 EAD? Therefore, you. USCIS H4 EAD Premium Processing. You can see a line-by-line breakdown of the individual components of this in the chart further down. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. 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. Conclusion 2023 AM22Tech| Its only applicable if the H4 and/or EAD are applied with H1B at the same time. But, implementation of the same is going to be by FY 2025. After approval, it takes another ten days to get approval notice by mail, and approx. Below are the screenshots that indicate the same. For example, the I-129 H-1B filing . DHS hopes to have H-4 EAD premium processing available by the year 2025. Any idea when OMB will process this request. What's New on VisaGrader? As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. A copy of Form I-94 showing admission of H-4 status. Other EAD categories (not H4) are eligible for the 180-day extension. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. This is a hefty sum, but 30 days . Speak with your immigration attorney to learn how you can best approach your interview. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. The bill included provisions for extensions, changes of status, and work authorization. They have to now wait for another 3 years to see any daylight. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Receiving a request for evidence can surely add time to your case. If you file separately, then this rule wont apply. 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 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. Signed by President on 1st October. 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). The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. 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. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. When slow EAD processing times began threatening peoples ability to exist in the United States, USCIS issued the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants. 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. View Profile. Please comment on this one. The USCIS Stabilization Act set new fees for premium processing of immigration benefit requests that had been designated for premium processing as of August 1, 2020, and expanded DHS authority to establish and collect new premium processing fees, and to use those additional funds for expanded purposes. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. 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. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Avvo Rating: 10. USCIS processes the petition, which can take several months. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. 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. 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 premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Is premium processing available for H4 EAD? Birth certificate with photo ID. Youre still working in your home country. To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. However, since then both the cases havent moved any further. 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. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? This H-4 EAD FAQ series is intended to act as a guideline for filing. H-4 visa spouses need an EAD to work in the United States and contribute to their household. 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. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. or even an H-1B visa yourself. Its best practice to respond as early as possible and discuss it with your immigration attorney. A copy of your last EAD. You will see the status say, sent for printing. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. [ 67] 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. You can request expedited processing if you can demonstrate to USCIS that you would sustain a financial loss or urgent medical situation related to the processing of your H4 EAD status. 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. A full list of prior actions USCIS has taken to reduce processing times and the agencys pending caseload is available on our website. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. Any luck on your side? 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 . As per the final rule published (29 Mar 2022), USCIS will NOT be able . This will incur an H-4 EAD visa fee of $410. So there is no need to worry about having your petition rejected on that account. Q. It is set to be $1,500 USD as per regulation. It is not a priority for Trump Administration. What's worse, if concurrently filing the H-4 EAD renewal . You can raise a request after 75 days to get the latest update. Refer to your receipt notice to find your form, category, and office. What Is Premium Processing for H4 EAD Through USCIS? If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Learn more by scheduling a consultation today! Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. This fee increase applies to all categories that have premium processing before August 1, 2020. They have plans to implement premium processing, but the plans arent immediate. These are just some questions that may or may not appear in your interview. They have a thorough knowledge of the H-1B process and this new EAD rule. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. Visa issued by a foreign consulate. The maximum fee and processing time for EB-1C (multinational executives and managers) would be $2500 and 45 days respectively.The change of status to F, J, and M fees will be a maximum of $1750 and will be processed within 30 days.The extension or change of status to E, H, L, O, P, or R, will carry a cost of $1750 and the processing should be completed within 30 days.The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days.