If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. It is not mentioned in the settlement agreement. 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. Visa issued by a foreign consulate. If you have not filed your Form I-907, or have . This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. As of now waiting for Perm, will file I140 in premium. 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. If you were to help others make investments or engage in Forex trading, you would technically be working. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? 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. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. We now wait for DHS. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. Steven believes that USCIS may extend the H4 biometric suspension (which was suspended during COVID until Mar 2023). They are prioritizing F1 OPT for Form I-765 in FY 2022. Through todays actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Divyendu, Yes, H4 EAD will also start in FY 2025. Thanks. Immigration Attorney in Los Angeles, CA. The text of the rule is not yet available. CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. If you need to file an H-4 EAD, theres no sense in waiting. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. H4 EAD PP is not being implemented in near future. Visas. 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. Likewise, the EAD expiration date will be when your H-4 status expires. What Is Premium Processing for H4 EAD Through USCIS? Once approved, the B2 visitor visa extension should be processed in under 30 days. How much time will it take to make it a law? Select your form, form category, and the office that is processing your case. A key worker is someone whose employment makes the normal operation of a workplace possible. Please contact us at INFO@COHENTUCKERLAW.COM with any questions. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. 2. a week to ten days to receive your card. https://public-inspection.federalregister.gov/2022-06742.pdf?fbclid=IwAR008lEOSrtS-hIGENKHT6GfB3Hs381SojHMGvKb9ECyuntimbiGPYSlfXw, There is some update, looks like meeting is scheduled for 02/09/2022 for implementation of this bill. Here is a breakdown of the new USCIS premium processing time and fees. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, Form I-129, Petition for a Nonimmigrant Worker, Form I-140, Immigrant Petition for Alien Workers, Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization. Just saw this status for the bill. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Employment authorization is incorporated into the visa itself, even for spouses. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. 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. How long does a Request for Evidence take? The H4 EAD category C26 is not eligible for the 180 day automatic extension. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. A number of documents are necessary when demonstrating proof of eligibility. Back in the pre-biometric days, USCIS used to show big heart and approve H4 and H4 EAD along with H1B premium as a goodwill gesture. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. To deny a work permit for a LEGAL . Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. 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 . This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. The Indian H4 EAD spouses are the ones losing their job due to extreme processing delays. Any new updates on H4, H4 EAD premium processing? 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. Investments arent considered employment. This will incur an H-4 EAD visa fee of $410. Thursday, July 8, 2021. 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. So, I used the reply option. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. The new card is valid from Jan 2023 till Jan 2025. The regulations state that your H1B spouse needs to just have an approved I-140. 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. You can return home and perform temporary work in your home country. 116-159 . Pay one Premium fee for H1B, H4, EAD by filing together? No. The job you are filling must be permanent and not seasonal. In October 2020, Congress under the Trump Administration, passed Bill HR 8337 into law. Terms of Service Avvo Rating: 10. If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. The H-4 EAD premium processing takes about two weeks. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. 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, In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. Conclusion The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. What's worse, if concurrently filing the H-4 EAD renewal . If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. Im waiting for Perm and will file I140 in premium. 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. 3. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . 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 . How to Check US Visa Status Online? 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. Therefore, you must be in the U.S. to apply. It may take few months at least. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. 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. She will lose job in another 2 months. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. This may have been misleading to some H4 EAD holders who believed they were a part of that group. We do not have the date on when this will be effective. The only way to get employment authorization, in this case, is to already have H-4 status. I have y wife h4 pending for 4 months. No, they said that they will start implementing it for new filing starting Jan 25. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Fee varies from $1500-$2500. EB1-C i-140 premium to start in 2022. 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 . Secure .gov websites use HTTPS We expect the announcement to be made in 7-10 days after the president signs it. Wait for your Social Security card to arrive (takes about 5-6 weeks). However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. It is good to know that they plan to return to 3 month time period for EAD approvals but it is easier said than done as the official processing times on their publicly available page are usually more than 12 months for each service center. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022.