H4 EAD Processing Time: What You Need to Know

The H-4 visa is a dependent visa that allows the spouses and unmarried children under the age of 21 of H-1B visa holders to live in the United States. In 2015, the Obama administration introduced a rule that allowed certain H-4 visa holders to apply for employment authorization documents (EADs), which allowed them to work in the US. This rule was designed to provide employment opportunities to the spouses of highly skilled foreign workers and to improve the quality of life for H-4 visa holders.

However, since the introduction of the rule, there have been concerns about the H-4 EAD processing time. The United States Citizenship and Immigration Services (USCIS) has been criticized for the long processing times, which have caused significant delays for H-4 visa holders who want to work in the US. The USCIS has attributed the delays to the high volume of applications and the complexity of the process.

Despite the criticisms, the USCIS has continued to process H-4 EAD applications, and applicants can check the status of their applications on the USCIS website. While the H-4 EAD processing time can vary depending on the volume of applications and other factors, the USCIS has stated that it is committed to processing applications as quickly and efficiently as possible.

Understanding H4 EAD

Basics of H4 EAD

H4 EAD is an Employment Authorization Document (EAD) that allows certain H4 visa holders to legally work in the US. H4 visa holders are dependents of H1B visa holders, who are highly skilled foreign workers. H4 EAD was introduced in 2015 under the Obama administration to provide work authorization to certain H4 visa holders who were facing financial hardship due to their inability to work.

Role of USCIS

USCIS (United States Citizenship and Immigration Services) is the government agency responsible for processing H4 EAD applications. USCIS reviews applications to ensure that the applicant meets the eligibility criteria and that all required documentation is submitted. USCIS also conducts background checks on applicants before granting H4 EADs.

H4 EAD and Immigration Status

It is important to note that H4 EAD is not a visa and does not provide a path to permanent residency or citizenship. H4 EAD is only available to certain H4 visa holders who meet the eligibility criteria. Additionally, H4 EAD is tied to the H4 visa holder’s immigration status, which means that if the H4 visa holder’s immigration status changes, their H4 EAD may also be affected.

Overall, understanding the basics of H4 EAD, the role of USCIS in processing applications, and the relationship between H4 EAD and immigration status is important for anyone considering applying for H4 EAD.

Processing Time and Factors

Average Processing Time

The average processing time for an H-4 EAD application is around 90 days or 3 months, according to immigration law firm VisaNation. However, this processing time can vary depending on several factors, including the number of applications received by the United States Citizenship and Immigration Services (USCIS) and the workload of the processing center handling the application.

It is important to note that the processing time listed on the USCIS website is an estimated timeframe and not a guarantee. The actual processing time for an individual application may be longer or shorter than the estimated timeframe.

Factors Affecting Processing Time

Several factors can affect the processing time of an H-4 EAD application. These factors include:

• USCIS Workload: The USCIS receives a large number of applications every year, and the workload of the processing center handling the application can impact the processing time.
• Completeness of Application: If an application is incomplete or missing required documentation, it may take longer to process as USCIS may need to request additional information.
• Security Checks: USCIS conducts background checks on all applicants, which can take time to complete.
• Premium Processing: Applicants can choose to pay an additional fee for premium processing, which guarantees a processing time of 15 calendar days. However, this option is only available for certain types of applications and may not be available for H-4 EAD applications.
• Changes in Immigration Policy: Changes in immigration policy or regulations can impact the processing time of an H-4 EAD application.

Analyzing these factors can help applicants understand why their application may be taking longer to process than expected. However, it is important to note that USCIS processing times can vary and are subject to change.

Steps in H4 EAD Processing

The H4 EAD processing involves several steps. Here are the three main steps in the H4 EAD processing:

Filing the Application

The first step in the H4 EAD processing is to file the application. The applicant needs to fill out and submit Form I-539, Application to Extend/Change Nonimmigrant Status, along with the required supporting documents and fees. The form can be filed online or by mail.

In addition, the applicant needs to file Form I-765, Application for Employment Authorization, along with the required supporting documents and fees. The form can be filed concurrently with Form I-539 or separately after filing Form I-539.

Biometrics and Receipt Notice

After filing the application, the applicant will receive a receipt notice from USCIS. The receipt notice will contain a receipt number that can be used to track the status of the application.

The applicant will also receive a biometrics appointment notice, which will require the applicant to appear at a USCIS Application Support Center (ASC) to provide fingerprints, photograph, and signature. The biometrics appointment is mandatory for all H4 EAD applicants.

Approval Process

Once the biometrics are completed, USCIS will review the application and supporting documents. If additional information is required, USCIS may issue a Request for Evidence (RFE). The applicant will have a limited time to respond to the RFE.

If the application is approved, the applicant will receive an approval notice and the EAD card will be mailed to the address provided in the application. The processing time for H4 EAD application varies and can take anywhere from 30 to 90 days, depending on the workload of the USCIS.

In conclusion, the H4 EAD processing involves filing the application, providing biometrics, and waiting for the approval. It is important to follow the USCIS guidelines and provide all necessary information and supporting documents to avoid delays or denials.

Extensions and Changes in Status

Applying for Extension

H-4 visa holders who wish to extend their stay in the US may file Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). The form must be filed before the expiration of the current H-4 status. It is recommended that the application be filed at least 45 days before the expiration date to allow for processing time.

When filing for an extension, applicants should submit all required documentation, including a copy of the primary H-1B holder’s approval notice, proof of the relationship with the H-1B holder, and evidence of financial support. Additionally, applicants must pay the required filing fee and biometric services fee, if applicable.

The processing time for H-4 extension applications varies depending on the USCIS workload, but it typically takes several months. Applicants can check the USCIS website for current processing times.

Change of Status Procedure

H-4 visa holders who wish to change their status to another nonimmigrant status may also file Form I-539 with the USCIS. They must provide a detailed explanation of the reasons for the change of status and submit all required documentation, including proof of eligibility for the new status.

For example, if an H-4 visa holder wishes to change to an H-1B visa status, they must provide proof of a job offer from a US employer and meet the requirements for the H-1B visa category. The H-1B visa holder’s employer must file a petition on behalf of the H-4 visa holder.

The processing time for change of status applications also varies depending on the USCIS workload, but it typically takes several months. Applicants can check the USCIS website for current processing times.

In the case of an H-1B extension, the H-4 visa holder’s extension is typically filed at the same time as the H-1B extension. This can result in a faster processing time for the H-4 extension application.

Premium Processing and Expedite Requests

Premium processing is a service offered by the USCIS that allows applicants to pay an additional fee to expedite the processing of their application or petition. The premium processing fee is currently set at $1,500 and guarantees that USCIS will process the application or petition within 15 calendar days.

However, as of September 2023, there is no premium processing available for H4 EAD applications. Although premium processing is available for certain F-1 visa categories including (C) (3) (A), (C) (3) (B), or (C) (3) (C) of the I-765 form, with a premium processing fee of $1,500 and processing time of 30 days.

On the other hand, expedite requests can be made for H4 EAD applications. An expedite request is a request made to USCIS to accelerate the processing of an application or petition due to unforeseen circumstances or extreme situations. Expedite requests are granted at the discretion of the USCIS and are only granted in limited circumstances.

To request an expedite, the applicant must demonstrate that they meet one of the USCIS’s expedite criteria. These criteria include:

• Severe financial loss to a company or person
• Emergency situation
• Humanitarian reasons
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States
• Department of Defense or national interest situation
• USCIS error

If the expedite request is approved, USCIS will process the application or petition within 45 days. However, it is important to note that not all expedite requests are approved. The USCIS has the discretion to deny an expedite request if they do not believe that the applicant meets one of the expedite criteria.

In summary, premium processing is not available for H4 EAD applications at the moment. However, expedite requests can be made in certain circumstances. It is important to carefully consider the expedite criteria and provide strong evidence to support the request.

Legal Aspects and Changes

Current Laws

The H4 visa is issued to the spouse and children under the age of 21 of an H1B visa holder. The H4 visa holder is not authorized to work in the United States unless they obtain an Employment Authorization Document (EAD). The H4 EAD was introduced in 2015 under the Obama administration, allowing eligible H4 visa holders to work in the United States.

Changes under Trump and Biden Administrations

During the Trump administration, the Department of Homeland Security (DHS) proposed a rule to rescind the H4 EAD. This proposal was met with significant opposition, and the rule was not implemented. However, the Trump administration did make changes to the H4 EAD processing time, adding biometrics requirements and processing the H4 and EAD applications separately. This resulted in delays and increased processing times.

Under the Biden administration, USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. This settlement agreement reduces or eliminates the wait time for spouses of H1B visa holders to obtain an EAD. The DHS has also proposed a rule to remove the H4 EAD regulation from the Federal Register. However, this rule has not been implemented yet.

Overall, the legal aspects and changes surrounding the H4 EAD processing time have been subject to significant debate and opposition. While the Trump administration attempted to rescind the H4 EAD, the Biden administration has taken steps to reduce or eliminate wait times for spouses of H1B visa holders to obtain an EAD.

Tools and Resources

USCIS Website

The USCIS website is a valuable resource for anyone looking to apply for an H-4 EAD. The website provides applicants with the ability to see an estimate of the time to completion from submission of USCIS forms based on its adjudication location and subtype. It is important to note that processing times can vary depending on the volume of applications received and other factors.

The website also provides a case management tool that allows applicants to track the status of their application. This tool can be accessed by entering the receipt number provided by USCIS after submitting the application. Applicants can use this tool to check the status of their case, receive updates on their case, and receive notifications when there are changes to their case.

AILA and Other Tools

The American Immigration Lawyers Association (AILA) is another valuable resource for anyone looking to apply for an H-4 EAD. AILA provides a wealth of information on immigration law and policy, including information on H-4 EADs. AILA members can also provide legal advice and assistance to applicants.

There are also other tools and resources available online that can help applicants with their H-4 EAD application. These include online forums and discussion groups where applicants can ask questions and share information with others who have gone through the process. It is important to note that while these resources can be helpful, applicants should always verify the information they receive and consult with a qualified immigration attorney before making any decisions.

In conclusion, applicants for an H-4 EAD have a variety of tools and resources available to them to help them navigate the application process. By using these resources and seeking the advice of a qualified immigration attorney, applicants can increase their chances of a successful application and minimize delays in the processing of their application.

Potential Delays and Issues

Processing times for H4 EAD applications and renewals can vary depending on several factors. While USCIS provides estimated processing times, actual processing times can be longer due to various reasons.

One of the potential delays is the impact of COVID-19 on USCIS operations. The pandemic has caused significant disruptions to USCIS services, including the suspension of in-person services, which has led to a backlog of applications. As a result, H4 EAD processing times may be longer than usual.

Another potential issue is the suspension of the H4 EAD program. The program has been the subject of ongoing litigation and policy changes, which have led to uncertainty about its future. If the program is suspended, H4 EAD processing times may be affected, and applicants may face longer wait times or be unable to obtain work authorization.

Other potential delays include errors in the application, missing or incomplete documentation, and requests for additional evidence. Applicants should ensure that they have all the necessary documentation and information before submitting their application to avoid these delays.

In some cases, applicants may experience delays due to security checks or other issues that require additional processing. While these delays can be frustrating, it is important to remain patient and follow up with USCIS as necessary to ensure that the application is processed as quickly as possible.

Overall, while there are potential delays and issues that can affect H4 EAD processing times, applicants can take steps to minimize these delays by submitting complete and accurate applications and following up with USCIS as necessary.

Role of Employer and Dependents

The H-4 EAD processing time can be influenced by several factors, including the role of the employer and the dependents.

Employers play a crucial role in the H-4 EAD process, as they are responsible for filing the Form I-765, Application for Employment Authorization, on behalf of their H-4 dependents. The employer must also provide evidence that the H-4 dependent is eligible for employment authorization and that the employment will not adversely affect the working conditions of similarly employed U.S. workers.

In addition, dependents must provide certain documents to prove their eligibility for the H-4 EAD. This includes a valid marriage certificate (if the dependent is a spouse) and a birth certificate (if the dependent is a child).

It is important to note that the H-4 EAD processing time can vary depending on the service center that is processing the petition. However, the general average for the H-4 EAD processing time is around 90 days or 3 months.

Overall, the role of the employer and dependents is crucial in ensuring a smooth and timely H-4 EAD processing time. By providing all necessary documents and evidence, employers and dependents can help to expedite the process and avoid any unnecessary delays.

Relevant Forms and Documents

To apply for H4 EAD, the applicant needs to submit certain forms and documents. Here are some of the relevant forms and documents that are required:

• Form I-765: This is the Application for Employment Authorization. It must be completed and submitted by the H4 visa holder who is seeking work authorization.
• Form I-539: This is the Application to Extend/Change Nonimmigrant Status. It must be completed and submitted by the H4 visa holder who is seeking to extend or change their nonimmigrant status.
• Form I-797 Approval Notice: This is the Notice of Action that confirms the approval of the H1B visa holder’s Form I-129 Petition for Nonimmigrant Worker.
• Passport: A valid passport is required for the H4 visa holder and any dependents.
• I-94: The H4 visa holder’s most recent I-94 Arrival/Departure Record must be submitted to show that they are in lawful nonimmigrant status.
• Social Security Number: The H4 visa holder must have a valid Social Security Number to apply for H4 EAD.
• Requests for Evidence (RFEs): If USCIS requires additional information or documentation, they may issue an RFE. The applicant must respond to the RFE within the specified timeframe.

It is important to note that the required forms and documents may vary depending on the individual’s circumstances. It is recommended that the applicant consults with an experienced immigration attorney to ensure that they are submitting the correct forms and documents.

Conclusion

In conclusion, the H4 EAD processing time can vary depending on various factors such as the current workload of USCIS, the complexity of the application, and the accuracy of the documentation submitted. Applicants can check the current processing times on the USCIS website, which is updated regularly.

It is important to note that premium processing is not available for H4 EAD applications. However, applicants can submit an expedite request if they meet certain criteria such as severe financial loss or emergency situations.

Furthermore, H4 visa holders can pursue permanent residency in the United States. However, the process can be complex and time-consuming. It is recommended to consult with an experienced immigration attorney to understand the options and requirements for obtaining a green card.

Overall, while the H4 EAD processing time can be lengthy, applicants can take steps to ensure timely processing by submitting accurate and complete documentation and monitoring the processing times on the USCIS website.

Frequently Asked Questions

What is the processing time for H4 EAD in Nebraska in 2023?

As of October 17, 2023, the processing time for H4 EAD applications in Nebraska is approximately 3 to 5 months. However, processing times can vary depending on the workload of the USCIS and other factors.

What is the processing time for H4 EAD in California in 2023?

As of October 17, 2023, the processing time for H4 EAD applications in California is approximately 3 to 5 months. However, processing times can vary depending on the workload of the USCIS and other factors.

What is the processing time for H4 EAD in Vermont in 2023?

As of October 17, 2023, the processing time for H4 EAD applications in Vermont is approximately 3 to 5 months. However, processing times can vary depending on the workload of the USCIS and other factors.

What is the processing time for EAD card in 2023?

As of October 17, 2023, the processing time for EAD cards is approximately 3 to 5 months. However, processing times can vary depending on the workload of the USCIS and other factors.

Can I travel while my H4 EAD is pending?

Yes, you can travel while your H4 EAD application is pending. However, you should be aware that leaving the country while your application is pending may delay the processing time. You should also make sure to carry all necessary documents with you when traveling.

Can I work multiple jobs on H4 EAD in 2023?

Yes, you can work multiple jobs on H4 EAD in 2023 as long as each job meets the eligibility requirements for H4 EAD. However, you should be aware that working multiple jobs may affect your ability to maintain your H4 status and may require additional documentation.