Currently, H4 visa holders (spouses and dependents of H1B workers) benefit from premium processing if they file their application with the H1B application.
This service allows the U.S. Citizenship and Immigration Services (USCIS) to process their forms (I-539 for status extension and I-765 for work permits) faster when combined with a premium-processed H1B I-129 petition (used by the worker to file Amendment, extension, or transfer).
Timeline
- Before Trump: H4 and H4 EAD were approved in the same 15-day premium timeline as a courtesy. Note that there was never a premium processing available for H4 and EAD individually.
- Trump in 2019: USCIS added a new requirement of biometrics (fingerprints) for I-539 applications under the Trump administration. This detached H4 & EAD from H1B as H4 biometric itself could take several months.
- Edakunni settlement – Jan 2023: Due to complaints and legal action, a temporary lawsuit settlement agreement (known as the Edakunni settlement) allowed USCIS to speed up the H4 and H4-EAD processing again when filed together with a premium H1B application in Jan 2023 for at least 2 years.
- Agreement expires on January 18, 2025: Now that the agreement is expiring, USCIS has decided to not continue the H4 and EAD processing within the H1B 15-day processing time.
USCIS – No H4 & EAD in Premium Time
Steven Brown, the immigration law attorney from Reddy Neumann Brown law firm checked with USCIS about the extension of the agreement prospects.
Steven was part of this lawsuit (Edakunni) that forced USCIS to agree to process H4 and H4 EAD with H1B premium as this was the norm before the Trump admin added biometrics for H4.
USCIS mentioned that they do not intend to continue processing the H4 and EAD as a courtesy in the same 15-day premium processing of the H1B application.
Expected Changes After January 18, 2025:
- Premium processing for H4 and EAD forms will likely end, even when filed with a premium I-129.
- Dependents could face longer processing times for status H4 extensions and EAD work permits, possibly up to 10-15 months.
- No guarantees on simultaneous approvals, meaning delays in work authorization, driver’s license renewals, or lawful status evidence.
What you can do before 18 Jan 2025:
- File H4 & EAD forms with a premium-processed H1B: If you need fast results, submit your applications before the deadline to ensure quicker processing.
- Upgrade to premium processing: If your H1B is already filed under regular processing, consider upgrading to premium so dependent applications can be processed faster.
FAQ
We are hoping that USCIS will process all applications received in premium before 18 Jan 2024 and will honor the 15-day timeline.
For applications filed after 18 Jan 2024, there is no guarantee that H4 and EAD will be approved with H1B in the same 15 days.
You can use H4 EAD auto extension for 540 days only if your H4 is approved or H4 i94 is valid even after the EAD expires.
We have written about how to get H4 EAD auto extension to continue H4 EAD employment.
USCIS notified earlier in 2022 that they will start premium processing service for H4 EAD sometime in 2025. They have not announced a final date yet but it is expected to be started soon.
This will mean that applicants will be able to shell out $2k+ (our estimation – no final fee has been provided) to get approval within a quick time.
We will share as and when this service is started by USCIS.
