55:57. H4 EAD classifies dependent spouses of nonimmigrants on the H-1B visa. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). Applying for an I-765 or an Employment Authorization Document can be your best chance to earn an income on an H4 visa, but not all may be eligible to apply. H4 visa fees are the same as other H type visas. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). What is an H-4 EAD? Do I need new H-4 visa stamping before I can apply for an EAD? H-4 EAD rule is only for spouse. You are required to file Form I-765, Application for Employment Authorization, and provide relevant documents. A:No. These same individuals may ask that you pay them to file such forms. In general, the processing times can vary anywhere from 2 months to 18 months depending on the service center. A:H-4 visa stamp is needed only to travel into the US. In May of 2015, USCIS director, Leon Rodriquez announced that H4 visa holders would be permitted to work in the U.S. if certain conditions were met. What is the average processing time for H4 visa petition The processing times totally depend on the service center and if it is change of status or extension. If your spouse loses H-1B status while you have H-4 EAD, USCIS has the right to revoke your employment authorization. Follow the Form I-485 filing instructions to avoid processing delays. If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. H4 Visa or H4 dependent visa is the US visa category given to the spouse and children ( under 21 years of age) of all H visa holders such as H1B Visa, H1B1 Visa, H2A, H2B and H3. Schedule a visa interview appointment Share sensitive information only on official, secure websites. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. In this guide, I will explain almost everything you need to know about the H4 EAD. It all depends on the load of the service … 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. H4 EAD’s fate is hanging on to these two streams separately: SaveJobsUSA vs DHS court case – American workers group asking to stop H4 EAD as it increases competition and takes away jobs. Official Website of the Department of Homeland Security, Employment Authorization for Certain H-4 Dependent Spouses, USCIS Response to Coronavirus 2019 (COVID-19), E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, WB Temporary Business Visitor under Visa Waiver Program, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. Those who have an approved EAD have the following advantages: 9. H2B Visa: Temporary Non-Agricultural Workers, J-2 Visa; Spouse or Dependents of J-1 Visa Holders, I-485: Application to Register Permanent Residence or Adjust Status, I-751: Petition to Remove Conditions on Residence, I-765: Application for Employment Authorization, DS-160: Online Nonimmigrant Visa Application, DS-260: Immigrant Visa & Alien Registration Application, DS-2019: Certificate Of Eligibility For Exchange Visitor (J-1), H4 Employment Authorization Document (EAD), I-140 Employment Authorization Document (EAD), I-192: Application for Advance Permission to Enter as Nonimmigrant, I-539: Application To Extend/Change Nonimmigrant Status, I-601: Application for Waiver of Grounds of Inadmissibility, Form I-693, Report of Medical Examination and Vaccination Record, I-821: Application for Temporary Protected Status, I-824: Application for Action on an Approved Application or Petition, I-864: Affidavit of Support Under Section 213A of the INA, I-864A: Contract Between Sponsor and Household Member, I-90: Application to Replace Permanent Resident Card, I-907: Request for Premium Processing Service, Form I-918; Petition for U Nonimmigrant Status, USCIS ELIS (Electronic Immigration System), Field Office Appointments and Rescheduling, Application Support Center (ASC) Appointments and Rescheduling, Deadlines for Certain Requests, Notices, and Appeals, H-2A Requirements During COVID-19 Public Health Emergency, H-2B Requirements During COVID-19 Public Health Emergency, Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency, Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19, Statutory Provisions for Certain Nonimmigrants. You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse: You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. H4 EAD Visa questions - how to apply - live radio show by Shah Peerally by Shah Peerally Law Group PC. H4 visa holders, upon satisfying certain conditions, can apply for an EAD to work in the United States. Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay. H4 VISA EAD Eligibility & Requirements. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and. You are only authorized to work through the expiration date on your EAD. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. As a requirements of EAD, One must file the Form Form I-765, Application for Employment Authorization mentioned above. Examples of Secondary Evidence. Official websites use .gov 2. You may travel but this may cause delays or denials for employment authorization. USCIS allows immediate family members of H visa holders to get H-4 visas to lawfully come and stay in the US. Some H4 visa holders are eligible for EAD, an Employment Authorization Document. Facts in relation to the process for application of the H4 EAD visa are listed in detail as follow. Otherwise, he or she will only be able to reside within the U.S. with their employed H-1B holding spouse. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. Spouse and children of H1B visa holder can get H4 visa to enter the USA. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. In order for the spouse of an H-1B visa holder to legally work, he or she must obtain the H-4 Employment Authorization for Dependent Spouses visa. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization. Visit our H-1B Visa page for more information on eligibility for the H-1B program. Submit supporting evidence (see chart below). wink emoticon - … Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. You cannot file for a renewal EAD more than 180 days before your original EAD expires. This blog will help you out with the step by step procedure regarding visa application. However, my H-4 visa stamp has expired. To apply for H4 visa EAD, applicants must submit all of the required documents for H4 EAD along with their application. To apply for H4 EAD, the applicant must file Form I-765, Application for Employment Authorization. An H4 visa is issued to the dependent family members (spouse and children below 21 years of age) of H-1B visa holders. Apart from the positive economic implications which we’ve mentioned there are a number of advantages to the H4 visa EAD including: The ability for the EAD holder to work in the capacity of a full or part-time job for the employer and position of their choice (not limited to a … Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). Carefully follow these steps to prevent your application from being rejected and returned to you: 1. I know you will have lots of questions about this rule. You will not be authorized to work until USCIS approves your Form I-765. Minor children on H-4 visa cannot work even if they are old enough to work. Please see our Direct Filing Addresses for Form I-129 web page for more information. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. There's very options for H4 Visa holders work here in the USA. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. H4 Visa is a dependent visa for H1B. H4 EAD processing with USCIS can take anywhere from 2 months to 12 months. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as H4 EAD. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. Otherwise, if your spouse or parent has other types of H visas, such as H-1B1, H-2A, H-2B, or H-3 visa, you are not allowed to work with an H4 visa. The H4 EAD revocation process is going on in parallel with the SaveJobsUSA vs DHS court case. Secure .gov websites use HTTPS Pay the fee and save the receipt, as you will need it later during your application procedures. 2. USCIS classifies it as given to Family of H1B visa. H-4 spouses may apply through Form I-765 Application for Employment Authorization. Here's an excerpt from the DHS EAD H4 News Press Release USCIS Director León Rodríguez announced today that, effective May 26, 2015, the Two identical two-by-two-inch passport-style color photographs of yourself. H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as, Have an approved Form I-140, Immigration Petition or an Alien Worker; or, Official identification issued by the government. After receiving an EAD via this Rule, you will be very much on a H4 visa. Advantages of H4 Visa EADs. More than 90% of the 1.26 lakh Employment Authorisation Documents (EAD) issued for H4 visa beneficiaries since 2015 have been allotted to Indians. Together with Form I-539 seeking a change to or extension of H-4 status, Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself. Rules for H4 visa Holder Employment on EAD ( Employment Authorization Document ) The spouse of a H1B visa holder can only work, if they fall into either of these two categories. Q: Can the children on H-4 visa work? H4 visa holder does not need a job offer in order to be eligible for EAD.
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