The plaintiffs’ brief states: An H-4 EAD application cannot be approved without a valid H-4. Premium Processing for H4, L2 Visa, EAD, COS, Extensions As per the passed bill, the INA section 286 (u) will be modified to include USCIS premium processing for a variety of categories as listed below H4 and L2 Visa Holders : Premium Processing for dependents of H1B, L1 and other employment based non-immigrant petitions. Here Is How To Decide. -         For multinational executives and managers under EB-1 and members of professions with advanced degrees or exceptional ability seeking a National Interest Waiver under EB-2, “the fee is set at an amount not greater than $2,500 and the required processing timeframe is not greater than 45 days.”, -         For an individual changing status to the F, J or M categories, “the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days.”, -         For foreign nationals seeking to change status to be classified as a dependent in E, H, L, O, P or R categories, or to extend such status, “the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days.”, -         For applications for employment authorization, “the fee is set at an amount not greater than $1,500 and the required processing timeframe is not greater than 30 days.”, The legislation notes, “The required processing timeframe for each of the applications and petitions . H4 visa spouses must apply for H4 EAD and obtain employment authorization to start work or business in the US. I have below questions: Is it possible for me to apply for H4 EAD under premium processing? (2) Accept electronic payment of fees at all filing locations. Citizenship and Immigration Services. Again, this provision will be effective only after USCIS completes the regulatory process. Citizenship and Immigration Services (USCIS) for faster service, Congress will allow the agency to raise the fee for premium processing and expand it to cover new immigration categories. I am the executive director of the National Foundation for American Policy, a non-partisan public policy research organization focusing on trade, immigration and related. My husband's H1 (I-129) is approved and my H4 petition (I-539) is in pending status. USCIS guidance is that they will adjudicate it soon after biometrics are done. If you are applying for H4 EAD, follow the H4 EAD application process to determine eligibility and follow accurate paperwork. Any Form I-907 postmarked on or after Oct. 19 must include the new fee amount. I am the author of a non-fiction book called Immigration. H4 EAD processing time 1 month at Vermont to 5 months at California service center. H4 extension processing time. But, mainly, they are dependent on Biometrics, so the delays (12.Nov.2020). 8337, premium processing fees can be used to: “(A) provide the services described in paragraph (5) to premium processing requestors; (B) make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors; (C) respond to adjudication demands, including by reducing the number of pending immigration and naturalization benefit requests; and (D) otherwise offset the cost of providing adjudication and naturalization services.”. “This could be enormously beneficial to many. No, this service is not yet available. The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500. The New Cost of Premium Processing: For immigration benefit types eligible for premium processing on or before August 1, 2020, the fee will be $2,500, except for the H-2B or R categories, which will have a $1,500 fee. H1-B along with H4 was submitted for premium processing in August 2019 and biometric done on 4th September 2019. This means that H4 and L2 visa holders can file I-539 applications for change of status and extension under premium processing. comments. The processing time for an H1B to H4 change of status is about 2-3 months. 8337. The USCIS may ask you for more information. The legislation does not mention a change in the 15-calendar-day processing time for categories available for premium processing prior to the passage of H.R. Processing time 15 to 45 days. . An RFE request from the USCIS will delay your processing time. H1B, H4, H4 EAD filed concurrently. Upgrade H1B to premium after about 10 days of biometric completion. H4 change of status is taking 2 to 12 months. But H4 EAD status is showing that they have received the application on Nov 8th. The legislation details the maximum costs and timeframes for processing under benefit types that will now be eligible for premium processing. It … Thoughts For A New Year (#MLQH), Scaling Up International B2B Sales With Channel Partners: Why, When And How, Deepfakes: 7 Ways To Guard Against This New Form Of Disinformation, Generation Z - Text, Email, Phone Or Zoom: Which One When? H1B, H4 extension approved in premium 15 days but H4 EAD pending. This bill is currently pending in Senate. For those two nonimmigrant categories, the premium processing … Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. Has Covid-19 Sparked An Increase In Prejudice From Our Home Office? © 2021 Forbes Media LLC. You may opt-out by. (4) Improve processing times for all immigration and naturalization benefit requests.”, Greater Flexibility to Use Fees: “In addition to allowing USCIS to raise fees, the legislation also gives the agency more flexibility in how it uses the money,” said Siskind. H1B to H4 Processing Time. H1b + H4 +H4 EAD concurrent filing - premium processing . Under H.R. Before the New Legislation: Before H.R. Unfortunately, while premium processing is occasionally helpful for expediting the H-1B petition, it cannot be used to expedite the H-4 visa processing time. H1-B was approved in August 2019. Citizenship and Immigration Services. H4 EAD processing time starts after H4 extension. 8337, an appropriations bill to fund the federal government that passed the House and Senate at the end of September 2020 and was signed into law by the president. H4 EAD processing with USCIS can take anywhere from 2 months to 12 months. Given the reality of USCIS adjudications, providing employers and individuals the opportunity to pay more for faster service will be seen by many as a positive development. If H1B is filed in premium, you will get the H1B approved, and then H4 processing happens as it needs biometrics. Again, this is the guidance, but USCIS is not mandated to process H4 and H4 EADs within the timeframe as H4 and H4 EAD are not subject to the SLA of 15 days of premium or anything as such. The processing times in Service centers like Texas is faster with lesser procesisng time and some Service centers like California can take anywhwere up to 12 months. Business News- Read Latest Financial news, Stock/Share Market News, Economy News, Business News on The Economic Times. Like this thread 5 0. The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500. Specifically, we guarantee processing within 15 calendar days to those who choose to use this service, or we will refund the premium processing service fee and will continue with expedited processing. Access more FAQs here. As of May 31, 2019, USCIS processing times for an H-4 application are as long as eight and a … H-2B, Religious workers (R Visa) premium fees to be $1500. Premium Processing for H4 EAD: USCIS will also provide premium processing option for H4 EAD applicants. At time, H4 extensions are taking about 8-10 months. For information on our FREE online services, click here. . Hi Vijaysri, I am in the same boat.Please … shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security.” USCIS is admonished not to allow an “increase in processing times for immigration benefit requests not designated for premium processing.”, Reporting Requirements: The legislation requires the Secretary of Homeland Security to report to Congress within 180 days on a 5-year plan to: “1) Establish electronic filing procedures for all applications and petitions for immigration benefits. Approval? For information on our FREE online services. Find IPO Analysis, Mutual Funds … Guidelines on Fees and Processing Times. The change of status to F, J and M, the fee shall be no more than $1750 and have a processing time up to 30 days. H4 EAD Premium Processing Bill. These applications have dramatically slowed to six months or longer in some service centers and there have been mass lawsuits filed challenging how long USCIS is taking to process. The measure is part of H.R. In a move that could provide employers and individuals with more opportunities to pay U.S. Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions. ability of employers and individuals to pay more for faster service at U.S. United States Capitol Dome in Washington D.C. Congress has passed legislation that will expand the ... [+] ability of employers and individuals to pay more for faster service at U.S. For the case types that already allow for the use of premium processing, the fee for this service will increase to $2,500, with the exception of petitions filed for H2B or R-1 workers. Wait for 10 working days after attending biometric appointment. For immigrant petitions, premium processing was available, with certain exceptions, for the employment-based first, second and third preferences (EB-1, EB-2 and EB-3), according to USCIS. EB-1C, the fee shall be no more than $2500 and the processing time is up to 45 days. Current Premium fees to increase from $1440 to $2500. 0 15. facebook twitter reddit hacker news link. For immigration benefit types that did not previously have premium processing, the legislation states the fee will be established by regulation using a detailed methodology. Given that the USCIS is primarily just expanding an existing program (i.e., premium processing service), the hope is that the rulemaking process can be abbreviated. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. This has to go through the formal rulemaking process, so it may take months (or possibly even longer) before it is implemented. In the past, USCIS was processing H4 petitions faster, when the H1B was filed in premium. But, since the introduction of Biometrics process for form I-539, they do not process H4 petitions faster, even if H1B in premium. Processing times for the H-4 EAD are currently approximately 5 months to a year. What is it? H1B and L1 dependents – Premium processing for H4 and L2 Visa holders and Employment-based non-immigration petitions. As Congress has passed a bill to support L2/H4/EAD premium processing in October 2020, how long it takes to become a law and USCIS adapts it? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Is premium processing for I-765 form (H4 EAD) available? Read more here: Premium Processing Fee Increase Effective Oct. 19, 2020. Fee varies from $1500-$2500. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. H1B, H4 and H4 EAD together in premium, like you did, all 3 are approved in premium timelines. The same holds true for the other categories that should eventually be granted premium processing, including the EB1(c) category. I got my H1 and H4 extension approval in 15 days. Before that I spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. H4 EAD approval after Biometrics in premium 15 days can be achieved if you follow this trick: File H1B, H4, and H4 EAD concurrently in regular. If U.S. They’ll send you an RFE (Request for Evidence). There are a few requirements that must be met before you are able to get an H-4 work permit, or EAD. But, we suspect we will not see any progress on this rule until a new Director of the USCIS is appointed by the President and confirmed by the Senate. USCIS Nebraska Center is approving at same speed as California. November 18, 2019 13:44:01 CST Reply . EAD applications – The premium processing will be extended for EAD applicants. (I had H4 EAD in … My question is does the H4 also get upgraded or does that USCIS used to have a 90-day limit on processing that application filed by hundreds of thousands of people every year. © 2020 Murthy Law Firm. Given that the USCIS is primarily just expanding an existing program (i.e., premium processing service), the hope is that the rulemaking process can be abbreviated. Mine H1 extension, H4 Extension and H4 EAD all filed in premium processing at Nebraska center on Nov 8th 2018. How To Get an H-4 Work Permit. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. I saw a PP receipt notice from my lawyers but it has only a request for my H1B premium processing. This will almost certainly not happen until after President-Elect Biden is in sworn in on January 20, 2021. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:. Vermont has slowest processing time of 8 months. U.S. I write about globalization, business, technology and immigration. May you please let me know can I use I-907, Request for Premium Processing Service to initiate the Premium processing for H4-EAD(I-765, Application for Employment Authorization)? EY & Citi On The Importance Of Resilience And Innovation, Impact 50: Investors Seeking Profit — And Pushing For Change. The same holds true for the other categories that should eventually be granted premium processing, including the EB1(c) category. The answer is the processing time varies for EAD applications filed on form i-765 for different types of employment authorizations. Citizenship and Immigration Services processed applications in a reasonable timeframe, premium processing would be unnecessary. So, for premium processing petitions, you can expect anywhere from 17 days or so delay for the H4 petitions decisions and H4 EADs to come. You get H4 Application Receipt along with H1B and EAD receipts Hire Us. The New Cost of Premium Processing: For immigration benefit types eligible for premium processing on or before August 1, 2020, the fee will be $2,500, except for … Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month. Any Form I-907 postmarked on or after Oct. 19 must include the new fee amounts. Wanted to go for premium processing as i have plans to visit india in march. Opinions expressed by Forbes Contributors are their own. (3) Issue correspondence, including decisions, requests for evidence, and notices of intent to deny, to immigration benefit requestors electronically. How long does it take for EAD to come? Additionally, this new bill expands premium processing to cover all employment-based nonimmigrant visas and green cards, as well as H-4 and Employment Authorization Documentation (EAD) applications. “(C) applications to change or extend nonimmigrant status; “(D) applications for employment authorization; and, “(E) any other immigration benefit type that the Secretary deems appropriate for premium processing.” (Emphasis added.). Premium processing will allow the expedited adjudication of all employment based petitions for the additional fees. The fee for H4 EAD cannot exceed $1,500 USD as per Congress; The premium processing time for H4 EAD application cannot exceed 30 days. The current premium processing fee is $1440 and the processing time goes up to 45 days. Soumya. I am the executive director of the National Foundation for American Policy, a non-partisan public policy research organization focusing on trade, immigration and related issues based in Arlington, Virginia. H4 EAD Premium Processing Still Waiting for USCIS RuleMaking. I know H1b timeline is 15 days but does any one know how much time h4 will take to approve?? From August 2001 to January 2003, I served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service. i485 EAD processing time is 2 to 6 months at the National benefits center. How A Pandemic Became The Catalyst For Reinventing Chronic Pain Treatment: Dr. Matthew DiDuro’s Journey, Companies Seek To Limit PR Damage Caused By Employees Who Took Part In Capitol Riots, What The Covid Vaccine Rollout Can Learn From Agile, Achieving Our Goals, Supporting Each Other, What Is “Leadership”? I have published articles in the Wall Street Journal, New York Times, and other publications. Copyright © 2020, MURTHY LAW FIRM. As of May 31, 2019, USCIS processing times for an H-4 application are as long as eight and a half months. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. Application Types Now Eligible for Premium Processing: The new legislation reads: “(2) IMMIGRATION BENEFIT TYPES.—Subject to reasonable conditions or limitations, the Secretary shall establish a premium fee under paragraph (1) in connection with— “(A) employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries of such petitions; “(B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 203(b); [the first three employment-based preferences]. Anybody having any That is if your case has no issues and if you also have submitted the correct documents. Normally, if you apply all 3 i.e. There are some lucky cases that may get faster processing. One benefit that could look dramatically different is the employment authorization document (EAD). All Rights Reserved. California Service Center is processing H4 and L2 Change of status faster than Vermont. This will be enormously helpful for a lot of these people.”. A new bill has passed the House to increase the premium processing fees by a whopping $1,000. I have filed for an extension of h1b with my spouse h4. “The legislation calls for the expansion of premium processing to most employment-based immigration applications and potentially all USCIS benefits,” said Greg Siskind of Siskind Susser in an interview. 8337, USCIS guaranteed processing within 15 calendar days and the cost of premium processing was $1,440 for petitions for temporary visas that use Form I-129, which includes E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket L-1), O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN-1 and TN-2. 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