How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. L. No. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. As noted in the rule's preamble: . It will have to wait in line with all the other applications or petitions of the same type to be processed in the order it was received. Fee varies from $1500-$2500. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Copy of your passport. Unfortunately, H4 EADs cannot be premium processed. Proposed Filing Fee Increases. 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. Conclusion Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. 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. 2. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. These are just some questions that may or may not appear in your interview. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. 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. So is it a problem only for new EAD applications? There is no concrete date given yet. 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. They have to now wait for another 3 years to see any daylight. The H4 EAD category C26 is not eligible for the 180 day automatic extension. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. 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. The new card is valid from Jan 2023 till Jan 2025. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. Automatic L2 EAD based on L1 status, H4 EAD automatic extension for 540 days or until H4 i94 is valid. Since the Biden administration took office, they have not acted on implementing this for a long time. Its connected to your spouses or your parents visa. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD. Official identification issued by the government. As an H4 visa recipient, your visa isnt considered work-related. Replace Green Card (I-90 Form) A key worker is someone whose employment makes the normal operation of a workplace possible. The fee is going up by over $1,000. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. It is not advisable to file more than 180 days before this date. Here is a breakdown of the new USCIS premium processing time and fees. Read: USCIS opens H-1B registration for FY 2023 on March 1 (January 29, 2022) Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 . 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. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Below are the screenshots that indicate the same. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. This will incur an H-4 EAD visa fee of $410. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. You will need a physical card per I9 compliance to work. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; So there is no need to worry about having your petition rejected on that account. Customer service is a top priority for USCIS, and we remain committed to ensuring that applicants and petitioners have timely, meaningful access to assistance and resources. Wait for your Social Security card to arrive (takes about 5-6 weeks). Please contact us at INFO@COHENTUCKERLAW.COM with any questions. We do not have the date on when this will be effective. 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. Effective May 17, 2021, U.S. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. 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 premium processing time for H4 visa using Form I-539 will be 30 Days. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. This H-4 EAD FAQ series is intended to act as a guideline for filing. For example, the I-129 H-1B filing . Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. Citizenship and Immigration Services (USCIS), H.R.8337 116th Congress (2019-2020): Continuing Appropriations Act, 2021 and Other Extensions Act | Congress.Gov, Automatic Employment Authorization Document (EAD) Extension | USCIS. 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 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. | Please comment on this one. 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 . 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. Could you please comment on this one. It is set to be $1,500 USD as per regulation. what time line we can expect to use premium processing option? If you were to help others make investments or engage in Forex trading, you would technically be working. Avvo Rating: 10. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. The H-4 EAD premium processing takes about two weeks. Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. First, the principal. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Is my understanding right. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. We will update this page as soon as we get any concrete information. If you need to file an H-4 EAD, theres no sense in waiting. We will update here if new information is made available for this. 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. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . WASHINGTON Today, U.S. USCIS Processing Times Visa Approvals Rates Login. 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. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. Once OMB approves it. 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. As of now, we do not have the text published for the same. Birth certificate with photo ID. After a long wait, finally, on March 30th, 2022, DHS. USCIS H4 EAD Premium Processing. Not sure which option is right for you? I dont see anything anywhere. Change US Consulate interview location on DS-160 after Submission? This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). Theyll each have different information that would be relevant to your situation. However, the situation is different for the H-4. USCIS H4 EAD Premium Processing. 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. According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 from October 2020 to September this year was 97.3%. The premium processing fee for all I-765 applications will be under $1,750. Topics. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). CEAC Website, Errors Info, USCIS H1B Registration Online System, Tool Flow, Screens. The fee will vary from $1500 to $2500 for other types of applications. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. So does this also mean that if anyone has to extend H4+EAD the fees are expected to be total $1750+$1500 and the duration be 30+30 total days? Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Thanks. 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. Divyendu, Yes, H4 EAD will also start in FY 2025. USCIS premium processing will NOT be available for H4, EAD until FY 2025. 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. Therefore, you must be in the U.S. to apply. Good news for families of foreign nationals working in the US! USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. Q. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Copy of your marriage certificate. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. 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. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. After that, both you and your spouse will be considered out of status and your EAD will be invalid. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. I have y wife h4 pending for 4 months. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. Below is our H4 visa EAD FAQ series based on information released by USCIS. 2023 AM22Tech| Hello @Anil_Gupta , Thanks for your prompt response. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form . . The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. Therefore, as of today, you cannot premium process your H-4 EAD. USCIS hasproposedsubstantial government filing fee increases for 2023. They are prioritizing F1 OPT for Form I-765 in FY 2022. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. The H4 EAD application fee is $410. 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 Premium Processing And 2022 Visa Application Guide. Contact Us. So there is no need to worry about having your petition rejected on that account. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. So youll like to have around 1 year for H4 EAD to be approved. Does anyone know if this is a Interim Rule or Direct Final Rule? National ID document with photo. It is unclear whether the H4 biometric requirement is going away. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. Get all 3 approved in 15 days using premium. The premium processing fee for H4 visa extensions and change of status(COS) using form I-539 form is going to be $1,750, The premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. All requests are considered on a case-by-case basis. 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.
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