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. 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. H4 & EAD premium processing starting May 31, 2022. 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 may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. The first and most viable solution is to obtain a work visa yourself. You can craft things to sell, collect inventory, and even build a website for your self-employment venture while youre waiting for your EAD, but you cannot accept any form of payment for goods or services until your EAD arrives. Proposed Filing Fee Increases. As the lawmakers note, the USCIS could charge up to $1,400 for each application, and this revenue could pay for the additional expense of having to expedite the processing of these cases. H4 EAD Premium Processing And 2022 Visa Application Guide. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . 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. The premium processing fee for all I-765 applications will be under $1,750. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. The fee is going up by over $1,000. You would need to get an immigrant visa through a family member or employer to be eligible to receive lawful permanent residency. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. Many people wait up to a full year for their documents to be processed. Here is a breakdown of the new USCIS premium processing time and fees. Yes, you can. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . 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. Premium processing will now be available for: The new H1B and L1 premium fee will be $2500. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . This provision will be effective after USCIS completes the regulatory process. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. It can be a tricky situation if you want to work outside the country without an EAD. They have plans to implement premium processing, but the plans arent immediate. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. The clever part is that the premium processing timeline will not start until all the prerequisite steps for approving an application are completed. They have to now wait for another 3 years to see any daylight. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. what time line we can expect to use premium processing option? 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. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. The final regulation in federal register is effective from May 31st, 2022. This fee increase applies to all categories that have premium processing before August 1, 2020. You can now just pay the money instead of begging for timely approval of your EAD. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. OMB review is the last step in the rulemaking process before U.S. Employment authorization is incorporated into the visa itself, even for spouses. Regulatory . What does that mean? VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. 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. 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. 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. 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. Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. A key worker is someone whose employment makes the normal operation of a workplace possible. 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. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. H4 EAD. Fee varies from $1500-$2500. Will there be premium processing for GC EAD as well? 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. A U.S. It may take few months at least. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. 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. Once approved, the B2 visitor visa extension should be processed in under 30 days. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. 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. Good news for families of foreign nationals working in the US! H-4 visa spouses need an EAD to work in the United States and contribute to their household. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. Its connected to your spouses or your parents visa. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. Save my name, email, and website in this browser for the next time I comment. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. Why US Visa Status on CEAC says Refused for 221g ? National ID document with photo. But its still good news for us. First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). No, not possible at the moment. Fee varies from $1500-$2500. 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. There is no guarantee that USCIS will expedite your EAD processing once you ask. USCIS responded by implementing an automatic 180-day extension to H4 EAD. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. 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. Hi Anil, 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. This would violate the EAD rules. 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. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. This may have been misleading to some H4 EAD holders who believed they were a part of that group. You cannot start a job in the US until you have your EAD. Since the H-4 visa is a nonimmigrant visa, you dont have a direct method to adjust your status to lawful permanent resident with a green card. 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. Thanks. a week to ten days to receive your card. Share sensitive information only on official, secure websites. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. Unfortunately, premium processing is not available for Form I-765. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. "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 . Check your inbox to confirm your email and download the free e-book. (213) 376-3107. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. 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. See the below timeline for additional details. Although the bill was passed, its provisions were never implemented. 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 . 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. So there is no need to worry about having your petition rejected on that account. Avvo Rating: 10. Processing time 15 to 45 days. 447 reviews. These are just some questions that may or may not appear in your interview. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. 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. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. Refer to your receipt notice to find your form, category, and office. USCIS will no longer accept previous editions of this form. How to Check US Visa Status Online? USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Secure .gov websites use HTTPS 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 . Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. Q. Visas. Below is our H4 visa EAD FAQ series based on information released by USCIS. This H-4 EAD FAQ series may help you determine whether you are eligible for 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. This is because the USCIS could potentially send a request for additional information or a. It was with the Office of Management and Budget (OMB) for a long time until February 2022. I-129: The fee does not exceed $2500 and the processing time is 15 calendar days for H-1B, H-2B, E-1/E-2, L-1A/L-1B, O-1, P-1, and TN. You cant legally work without an EAD unless youre in the United States on a work-specific visa. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. These visas in particular also allow dependents to work in the U.S. Keep in mind that changing ones status can be tricky, especially when you have an approved I-140 pending with the USCIS. It is not a priority for Trump Administration. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. You can see a line-by-line breakdown of the individual components of this in the chart further down. Premium processing benefits have been extended to other forms. If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires. The premium processing time for H4 EAD application cannot exceed 30 days. N-400: Application for Naturalization; Useful Info. The bill was signed into law by president on Oct 1, 2020. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. The new card is valid from Jan 2023 till Jan 2025. The premium processing time for H4 visa using Form I-539 will be 30 Days. The bill included provisions for extensions, changes of status, and work authorization. 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. Official identification issued by the government. No. Any update on it ? 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 . However, since then both the cases havent moved any further. 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. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . 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. USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. This temporary increase in the auto-extension period will end on Oct 26, 2023. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. How long does a Request for Evidence take? 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. The premium processing clock, when someone.