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. However, the situation is different for the H-4. This added unnecessary delays and increased processing time by up to 2 years. So, I used the reply option. 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. 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. [ 67] Its best practice to respond as early as possible and discuss it with your immigration attorney. 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. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. The premium processing time for H4 visa using Form I-539 will be 30 Days. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. Investments arent considered employment. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. USCIS responded by implementing an automatic 180-day extension to H4 EAD. H4 EAD PP is not being implemented in near future. Visas. At present, there is no option for H4 EAD extension premium processing. An Alternative to Premium Processing: Submit an Expedite . Approve of premium processing for H4 EAD NOW! USCIS H4 EAD Premium Processing. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. 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 is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. The job you are filling must be permanent and not seasonal. This will incur an H-4 EAD visa fee of $410. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. It may take few months at least. Fee varies from $1500-$2500. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Once approved, the EAD will be processed in under 30 days. This is done the way that you would get a renewed card. 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. As an H4 visa recipient, your visa isnt considered work-related. It is set to be $1,500 USD as per regulation. USCIS seeks to include work permits in premium processing 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. If losing you as an employee would cause a workplace to suffer great financial harm or lay off other employees, USCIS may expedite your H-4 EAD request to avoid harming the livelihood of others. It is not advisable to file more than 180 days before this date. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an immigration attorney. Hello Anil, I couldnt find a way to post a new message here. I had filed for renewal before the expiration. At the same time, I file for H1B transfer to a new employer. In order to qualify for employment authorization documents, there are two main criteria. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. H-4 EAD Frequently Asked Questions (FAQ) - Adhikari Law PLLC 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. Any idea when this will in effect. H4 EAD Premium Processing And 2022 Visa Application Guide. Will there be premium processing for GC EAD as well? 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. 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. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. | The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. 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. It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. 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. Review our. 5. 1. 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. To get the H4 and EAD approval quickly, do this: File H1B extension/transfer/Change of status, H4, and H4 EAD in the same package (at the same time). If the h4 biometric requirement is not removed, we suspect the delays will still be there. Any situations not addressed below should be addressed with a, Fortunately, this is not a one-time opportunity. If you need to file an H-4 EAD, theres no sense in waiting. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS Final Rule Implements Premium Processing Provisions of - NAFSA Sorry for that. USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type. Does that jeopardize H4 EAD or my H1B transfer? 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. A number of documents are necessary when demonstrating proof of eligibility. 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. 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. They have a thorough knowledge of the H-1B process and this new EAD rule. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. How Do I Request Premium Processing? | USCIS You can raise a request after 75 days to get the latest update. Unfortunately, H4 EADs cannot be premium processed. Cohen Tucker Law takes no responsibility for the content or accuracy of information contained on a linked site. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. How long does a Request for Evidence take? Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. A, We need to wait. 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). Youll need: Additional details regarding the requirements can be found here. USCIS on Twitter You can return home and perform temporary work in your home country. Once OMB approves it. DHS hopes to have H-4 EAD premium processing available by the year 2025. USCIS will no longer accept previous editions of this form. 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. What Is Premium Processing for H4 EAD Through USCIS? Fifteen days to get EAD card. USCIS will post the text for public inspection at least a day before the rule is officially published. Hi, will there be a 60-day comment period post publication of the rule in the federal register? To work in the US, you must first apply for an employment authorization document (EAD). We will update this page as soon as we get any concrete information. Is the premium process option available for H4 EAD? - Quora The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). USCIS to Process H1B, H4 (and EAD) together Starting Jan 25 The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. Each . But its still good news for us. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Theyre misleading you and likely taking advantage of you. There is no concrete date given yet. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. A key worker is someone whose employment makes the normal operation of a workplace possible. A year is a very long time to wait for a household that needs additional income to pay the bills. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually.