To qualify for an EB-3, you must either have a bachelors degree or otherwise be a skilled or unskilled worker. File it now, and it will be approved before premium processing is implemented. The job you are filling must be permanent and not seasonal. 2023 AM22Tech| 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 premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. This is a welcome step and will provide relief to many who are otherwise at the mercy of the USCIS officers to approve their EAD expedite request. any updates after the new govt is in power now? Request a confidential consultation today. So there is no need to worry about having your petition rejected on that account. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. 2. 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. The final regulation in federal register is effective from May 31st, 2022. 2023 VisaNation, Inc. All Rights Reserved. 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. Sorry for that. 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. (213) 376-3107. 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. 4. I had filed for renewal before the expiration. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Speak with your immigration attorney to learn how you can best approach your interview. Below are the screenshots that indicate the same. Any update when will this be implemented , it is pending since oct 2020. Unfortunately, you will be responsible for all H-4 fees. Will there be premium processing for GC EAD as well? Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. However, processing times at all four USCIS Service Centers for standalone H-4 EAD renewals are currently listed at 8.5 to 12 months. . I recently renewed my green card EAD; the first EAD card expired on 04/2019. Filed in Articles, Visa Form by TMLT Editorials on January 4, 2022. 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. Biometric Appointment in Premium Processing Cases? It is set to be $1,750 USD as per regulation. You cant legally work without an EAD unless youre in the United States on a work-specific visa. . 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. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. When will this good news go into effect? 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. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. You should be able to upgrade your existing pending H4 and H4 EAD applications to premium once the USCIS starts accepting them. 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. Theyll each have different information that would be relevant to your situation. Readers are responsible for obtaining such advice from their own legal counsel. The premium processing fee for all I-765 applications will be under $1,750. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. USCIS premium processing will NOT be available for H4, EAD until FY 2025. Hefty backlogs make processing time longer, and USCIS has a plan to fix that. The premium processing clock, when someone. To get the H4 and EAD approval quickly, do this: Steven Brown of the RN Law group has shared the good news on his Twitter account. He worked with Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA. 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. While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. 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 H4 EAD application fee is $410. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. See the below screenshot for both H4 and H4 EAD premium processing details. If you have questions about making investments without an EAD, you should speak to both a financial advisor and an 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. Hello @Anil_Gupta , Thanks for your prompt response. 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. Please comment on this one. The regulations state that your H1B spouse needs to just have an approved I-140. Most probably, early next year, USCIS will start premium processing for H4 EAD. It is not advisable to file more than 180 days before this date. My L2/EAD Extention was filed on 5/13 and biometrics applied on 7/23. Website. 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. 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. Your relationship to the H-1B immigrant. 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 . 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. What does that mean? You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. Processing time 15 to 45 days. You can check service center H4 EAD processing times here. VisaGrader.com tracks data from US Dept of State, USCIS, DHS, USTravelDocs for latest processing times, reports, analysis. 5. A number of documents are necessary when demonstrating proof of eligibility. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. By the end of 2023, USCIS under the Biden Administration hopes to implement new technology to help with processing backlogs. . 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. Will the premium processing for EAD also include L2 EAD? 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. The EB1 Green card category is current anyway and hence the applicants do not really need it immediately. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. EB1-C i-140 premium to start in 2022. It is planned to be implemented by FY 2025. As noted in the rule's preamble: . Dont accept any job offers from people who can tell you that you can work without an EAD. Some sample questions for the H-4 interview might include: These are just some questions that may or may not appear in your interview. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. These are just some questions that may or may not appear in your interview. A, We need to wait. Secure .gov websites use HTTPS Is my understanding right. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. The H-4 EAD premium processing takes about two weeks. Hope my understanding is right. Any situations not addressed below should be addressed with a qualified immigration attorney. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. L2 EAD. This will incur an H-4 EAD visa fee of $410. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 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.
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