The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. COMPLETE guide to H4 EAD Extensions during COVID-19 [2022] - Stilt Blog Does that jeopardize H4 EAD or my H1B transfer? The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. The premium processing service will set you back $1,500. This added unnecessary delays and increased processing time by up to 2 years. So there is no need to worry about having your petition rejected on that account. Wait for your Social Security card to arrive (takes about 5-6 weeks). It is called public law 116 159. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . Any situations not addressed below should be addressed with a qualified immigration attorney. If the h4 biometric requirement is not removed, we suspect the delays will still be there. 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. You cannot release it independently while youre in the US. USCIS to Start Collecting Fee for EB-5 Integrity Fund All forms of employment require an EAD. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. Can we expect this to be implemented soon or would it take months for USCIS to implement this? @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. File it now, and it will be approved before premium processing is implemented. 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. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. 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. USCIS processing times for L2 EAD (Employment Authorization Document) . 1356(u)(3)(B), but limited to those conditions and eligibility requirements set forth by Section 4102(b)(1) of the Emergency Stopgap USCIS Stabilization Act, Pub. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. 2. Learn more by scheduling a consultation today! It is unclear whether the H4 biometric requirement is going away. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; 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. Any update when will this be implemented , it is pending since oct 2020. . You need an EAD to perform any work inside of the United States, but you arent prohibited from working in any country where youre already authorized to work. RedBus2US.com 2010 - 2023, All Rights Reserved. L. No. 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. The first and most viable solution is to obtain a work visa yourself. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Other EAD categories (not H4) are eligible for the 180-day extension. This would violate the EAD rules. It is not advisable to file more than 180 days before this date. USCIS hasproposedsubstantial government filing fee increases for 2023. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. The requirements are as follows: The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved. 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%. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. I have y wife h4 pending for 4 months. H-4 visa spouses need an EAD to work in the United States and contribute to their household. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. 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). Unfortunately, premium processing is not available for Form I-765. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. Please comment on this one. In order to qualify for employment authorization documents, there are two main criteria. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. So youll like to have around 1 year for H4 EAD to be approved. How to Check US Visa Status Online? Your personal information is protected by our Privacy Policy. January 23, 2023. The premium processing clock would only commence after the. 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. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. 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. All requests are considered on a case-by-case basis. 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. This is done the way that you would get a renewed card. H4 & EAD premium processing starting May 31, 2022. Hello Anil, firstly thanks for posting great information. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs - Murthy The premium processing time for H4 visa using Form I-539 will be 30 Days. 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. Visa Requirements to Work in the U.S. as a Person from Morocco - USCIS This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. The good news is that USCIS has just released an updated H4 EAD processing time. Its best practice to respond as early as possible and discuss it with your immigration attorney. 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. H-4 EAD Premium Processing Update - Sam Shihab & Associates, LLC You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. They take 2 years to reach the final rule stage and will take another 3 years to finally start implementing it. Due to their constraints and budget issues, USCIS is implementing the premium Processing in a phased manner and not implementing all the forms in FY 2022. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. (213) 376-3107. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Avvo Rating: 10. Although the bill was passed, its provisions were never implemented. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. H4 EAD Ultimate Guide & Latest News (March 2023) - India USA Travel The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. USCIS to Resume Adjudicating H-4/L-2 Status & EAD Requests If you file a Form I-539 requesting to change your nonimmigrant status to H-4 and you include a Form I-765, we will adjudicate your Form I-765 only after we adjudicate your Form I-539 and grant you H-4 status. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. 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. This rule applies to people whose H-4 EAD is pending. How Early Can I File My H-4 and H-4 EAD Renewals? Hope my understanding is right. Signed by President on 1st October. 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. H-4 Visa in 2023 | Processing Time, EAD Work Permit, Application Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. Copy of your passport. To work in the US, you must first apply for an employment authorization document (EAD). The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022.