iNDIC NEWS BUREAU-
After the new ruling of US Citizenship and Immigration Services (USCIS), the spouses of H-1B holders have something to sigh in relief.
USCIS is looking into expanding premium processing to include additional case types, which would probably cover applications for employment authorization (Form I-765), has cleared a review by the Office of Management and Budget (OMB).
If this is implemented for employment authorization documents (EAD) it would enable several H-4 visa holders who are the spouses of H-1B holders to find jobs in the US.
The main challenge is that an EAD can be filed by an eligible H-4 visa holder only six months prior to the expiry date of the current work authorization document. A settlement following a lawsuit, with the USCIS has helped H-4 EAD applicants only in certain circumstances.
This review by OMB is the last step in the rule-making process, it leads to publication in the Federal Register. Subsequently, after a prescribed time period, the rule is implemented.
In October 2020, the US Congress had passed a funding bill that authorized USCIS to expand premium processing to include additional immigration applications and petitions.
Applications for employment authorization (Form I-765) and applications to change or extend status for the dependents of H-1B, L-1 and other principal non-immigrants (Form I-539), which are currently facing significant backlogs, were included in this list.
Mitch Wexler, partner at Fragomen, a global immigration law firm explains, “While the text of the final rule is not yet known and will remain confidential until released for publication in the Federal Register, the final rule is expected to mirror the premium processing case types, fees, and timelines detailed in the October 2020 legislation.”
Wexler adds that it is expected that USCIS will implement premium processing for newly eligible categories in phases over the course of several months or more, instead of all at once.
In the October 2020 legislation, the fee for premium processing for EAD was stipulated as ‘Not greater than $ 1,500’ with a maximum time frame for processing of 30 days.
There is a mixed reaction to the possibility that premium processing will be rolled out for EADs. Some H-4 visa holders thought it was unfair that USCIS should charge a fee – to overcome its own delays.
