H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. USCIS has shared a new term called cycle time. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. Oct 16, 2020 - The USCIS issues a press release with the following updates: Premium processing fees for H1B categories have been pushed up to USD 2,500 according to Public Law 116 - 159. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. So is it a problem only for new EAD applications? USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. 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. Q. How Do I Request Premium Processing? | USCIS USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. Heres what you need to know about the impact of H-4 EAD processing and how it may affect your family. Readers are responsible for obtaining such advice from their own legal counsel. USCIS H4 EAD Premium Processing. H4 EAD VISA NEWS - The Economic Times The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. 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. Review our. See the below screenshot for both H4 and H4 EAD premium processing details. Immigration Attorney in Los Angeles, CA. Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs - Murthy National ID document with photo. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. . Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD. 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 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. So, I used the reply option. Again, this provision will be effective only after USCIS completes the regulatory process. Can we expect this to be implemented soon or would it take months for USCIS to implement this? USCIS premium processing will NOT be available for H4, EAD until FY 2025. A copy of Form I-94 showing admission of H-4 status. 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. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. 2023 AM22Tech| If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. A reputable employer would never offer to employ you without an EAD. So there is no need to worry about having your petition rejected on that account. The fee is going up by over $1,000. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. In recent months, USCIS has begin streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers. This would violate the EAD rules. "USCIS will issue policy guidance that states L-2 spouses are employment authorised, incident to status, and in cooperation with CBP, change the Form I-94, within . HR EAD Premium Processing Explained - Cohen, Tucker & Ades Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. The Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications. 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. USCIS reviews the application and makes a decision. Approve of premium processing for H4 EAD NOW! Biometric Appointment in Premium Processing Cases? 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. H4 EAD Premium Processing - Not Available Until 2025 (Sad News Could you please comment on this one. 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. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. 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. Below are the screenshots that indicate the same. Wait times for processing can be long, which puts strain on families who need both spouses to work. You can see a line-by-line breakdown of the individual components of this in the chart further down. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. 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 Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . If you are from Mexico or Canada, you can apply for the TN visa, though the list of available occupations for this category is relatively short. Since the Biden administration took office, they have not acted on implementing this for a long time. We expect the announcement to be made in 7-10 days after the president signs it. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. With that being said, it shouldnt be an issue if it was filed by a previous employer. Terms of Service I recently renewed my green card EAD; the first EAD card expired on 04/2019. Dont accept any job offers from people who can tell you that you can work without an EAD. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. The premium processing fee for current eligible categories such as H1B, L1, I-140 and other categories will be increased to $2,500 USD from $1440 USD. USCIS Again Bundles H-4, L-2 And EAD Applications With H-1B And L-1 447 reviews. Processing times vary from center to center, but H-4 EAD usually takes a while to process. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. After approval, it takes another ten days to get approval notice by mail, and approx. While being able to bring a spouse over to live with you during your H-1B stint is a great benefit of the visa, having that spouse be able to earn an income can be vital to the success of your endeavors in the country. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. USCIS on Twitter This rule applies to people whose H-4 EAD is pending. It is unclear whether the H4 biometric requirement is going away. Unfortunately, H4 EADs cannot be premium processed. If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. I-129 Petition for Non-immigrant worker: within two months (for non-premium processing cases . The fee for H4 EAD cannot exceed $1,500 USD as per Congress. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. 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? H-4 EAD Premium Processing Update - Sam Shihab & Associates, LLC What Will H-4 EAD Premium Processing Cost? It is not a priority for Trump Administration. USCIS Premium Processing for H4, L2, EAD. $2500 for H1B - RedBus2US I dont see anything anywhere. Many households need two incomes in order to make ends meet. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. The fee will vary from $1500 to $2500 for other types of applications. Terms of Service Therefore, as of today, you cannot premium process your H4 EAD. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. In order to qualify for employment authorization documents, there are two main criteria. If you have not filed your Form I-907, or have . 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. Your relationship to the H-1B immigrant. The premium processing time for H4 visa using Form I-539 will be 30 Days. 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. USCIS seeks to include work permits in premium processing This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny. We now wait for DHS. But, implementation of the same is going to be by FY 2025. Neither your employer nor your spouses employer is obligated to pay them. USCIS Not Using Workforce Effectively, H4 and L2 Spouses Claim What Is Premium Processing for H4 EAD Through USCIS? Employment authorization is incorporated into the visa itself, even for spouses. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; Website. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. You can raise a request after 75 days to get the latest update. VisaGrader.com The H-4 EAD premium processing takes about two weeks. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. At the same time, I file for H1B transfer to a new employer. Once approved, the B2 visitor visa extension should be processed in under 30 days. I have y wife h4 pending for 4 months. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. You can now just pay the money instead of begging for timely approval of your EAD. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. There is no guarantee that USCIS will expedite your EAD processing once you ask. 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. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines. USCIS H4 EAD Premium Processing. Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. Avvo Rating: 10. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. USCIS Suspends Biometric Screening For H4 EAD Applicants - Stilt Blog 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. The premium processing time for H4 EAD application cannot exceed 30 days. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1615-AC73, Looks like it is in final rule stage and date says Sep 2021 for release. 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. Premium Processing for H-4 Applications, EADs, and More may be - Murthy