H4-EAD Visa Steps In USA 2022-23
What is H4-EAD VISA?
H4-EAD Visa Steps In USA 2022-23. H4-EAD Visa (Employment Authorization Document) is a nonimmigrant work permit issue to foreign nationals who intend to work temporarily in the U.S. for at least six months in a specialty occupation. An employer sponsoring an H4-EAD holder may hire them for any job classification where they have been certified by the Department of Labor as qualified.
The H4-EAD program was created to address the shortage of workers in high-demand occupations in the United States. For example, STEM professionals — scientists, engineers, mathematicians, and computer specialists — are in demand and hard to find. In fact, many companies struggle to fill open positions due to a lack of qualified candidates. To help solve this problem, Congress passed the Immigration Innovation Act of 2015. Which allowed certain highly skilled individuals to apply for employment authorization documents under the H4-EAD category.
An H4-EAD applicant must meet several requirements before being eligible for the program. First, he or she must be sponsor by an employer willing to sponsor him or her for a temporary position. Second, the applicant’s skills must be in high demand and not currently available in the U.S. And third, the applicant must be able to speak English fluently.
H4-EAD Visa is an employment opportunity program created by the U.S. government specifically for people who wish to work in the legalize marijuana industry in the United States.
More about H4-EAD
The program is designed to assist applicants who have been granted provisional approval from the Department of Labor (DOL) to obtain lawful status and travel outside of the U.S., so they may apply for jobs at licensed businesses operating under state laws where marijuana use is legal. This visa does not guarantee employment; however, it does allow individuals to legally travel to the United States and pursue job opportunities in the Marijuana Industry.
A candidate seeking to enter the H4-EAD Visa Program must first submit their application to the DOL. Once approved, the applicant receives a letter certifying them as eligible to receive the visa. Applicants must then travel abroad with the letter and provide proof of eligibility including the letter, valid passport, and any additional documents requested.
Once overseas, applicants should contact employers registered with the USMS to find out if they are interested in hiring a qualified individual. Once contacted, the employer will request an interview and offer placement to the applicant once all eligibility requirements are met.
H4-EAD visa application process
1. H4 – Electronic Advance Data Report (EADR)
The purpose of the EADR is to provide information about yourself and your family members who are applying for your F-1 nonimmigrant status. We request this information to determine whether any of you may have been previously denied admission to the United States. If you have been denied before, we need to know to make sure that you apply again using the correct documents. H4-EAD Visa Steps In USA 2022-23
2. Form DS-156
This form asks questions regarding your background and how you intend to use your time in the U.S. You should not sign this form unless you understand its contents and agree to answer truthfully.
3. Application for Nonimmigrant Status as a Dependent Spouse/Child (DS-160)
You must complete this form if you are filing jointly; otherwise, only your spouse/child must fill out the DS-160. Please note that the DS-160 is different than the I-130 petition. If you file the DS-160 with USCIS separately, you will be responsible for submitting supporting documentation at that time.
4. Biographical Information Questionnaire (BIQ)
Your BIQ answers are confidential and are submitted only to USCIS employees involved with adjudicating your case. Your responses help us determine whether you are eligible for immigration benefits.
5. Medical Examination Record (MER)
If you receive medical care while pursuing your immigration benefit request, please submit a completed MER along with the DS-160. Failure to do so could delay processing of your request.
6. Other Supporting Documentation
We usually ask applicants to submit photographs, bank statements, copies of professional licenses, etc. to prove their eligibility.
7. Fingerprinting
Some documents require fingerprinting. To ensure proper identification, we recommend taking fingerprints for those documents requiring them
H4-EAD visa eligibilities 2022
To be eligible for the H4-EAD program, applicants must meet the following criteria:
• The Candidates At least 18 years of age;
• Cannot hold a H-1B, L-1, OPT, TN, TN-1, O-1, AC21, B-1, F-1, or J-1 nonimmigrant status;
• Have a registration number issued by the Department of Homeland Security;
• Physically present in the United States for a full-time job;
• Must have lawful admission to the U.S.;
• Have a valid passport;
• Holders of H4-EAD visas may only change employers once every six months;
• Not be in removal proceedings before the immigration authorities;
1. A US Citizen who was born after December 31, 1946, may enter the United States under H4 EAD visas, regardless of the country of their citizenship, if they were physically present in the United States for at least 90 days in 2019.
2. A Candidates who is not a U.S. citizen and who is lawfully admit to the United States before January 1, 2011, may not enter the United States under the H4 EAD visa program unless he/she is eligible to adjust status to lawful permanent resident (LPR) and was physically present in the United State for at least three years before applying.
3. A person who is a qualified candidate and whose previous period of continuous physical presence in the United States ended no later than March 30, 1999, may not enter the U.S. under the H4 EAD visa program unless he/ she is eligible to adjust status.
4. A Candidates who is an eligible nonimmigrant, including an F1 student, may apply for H4 EAD visa only if his/ her admission has been approved according to the specific criteria established by USCIS and only if the applicant qualifies as a potential beneficiary of employment-based immigrant visa number allocation.
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5. An individual who entered the United States under parole authority prior to April 30, 1994, may reapply for H4 Ead Visa classification provided he/she meets eligibility requirements specified in 8 CFR 274a.12(c).
6. An individual who entered under parole authority prior to June 24, 1996, may reapply for classification under H4 Ead visa provided he/ she meets the requirements specified in 8 CFR §274a.12(c)(2) and 8 CFR §237.8.
7. Aliens(Person) who have been granted refugee, asylum, withholding of deportation, or any other immigration benefit under the Immigration and Nationality Act are ineligible to receive H4 EAD Visas.
8. Only those individuals who are authorized to work in the United States are counted for determining whether an alien(person) qualifies as a bona fide employee.
9. Any person who seeks to change or renew an H4-EAD visa previously issued to him/her shall submit a request to the Department of Homeland Security (DHS), Citizenship and Immigration Services (USCIS) and the Department of Health and Human Services (DHHS). DHS shall notify USCIS of the request. USCIS shall forward the request to DHHS for approval. If USCIS approves the request, DHS shall issue the new I-765 Application for Employment Authorization form (Form I-765).
The old Form I-765 will be destroyed. DHS shall then mail the new Form I-765 to the address noted on the application. The applicant shall sign both forms and return them together to the USCIS office where he/she initially filed the H4 EAD application. In this case, the applicant’s employer will need to complete and sign the new Form I-9 and send it to the USCIS office together with proof of compliance with the H4 EAD employment authorization document.
10. In order to qualify for an H4 EAD Visa, applicants must meet the following qualifications:
• That Person have been employed by a legal entity in the United States, on a continuing basis, for a minimum of three years.
• Applicant have worked a minimum of 40 hours per week at the same job annually for that time;
• Candidate hold a full-time position;
• Client must be able to provide evidence of having worked at least 1040 hours over a 12 month period;
H4-EAD visa rules 2022
H4-EAD (EB-5) Visa Program Rules
The U.S. Citizenship and Immigration Services (USCIS) release final rule guidance on March 27, 2020 regarding how EB-5 visas will be issue in the future due to changes resulting from the COVID-19 pandemic. These final rules will take effect April 1, 2020. And should be broadly applicable across all regions and states. In addition, the USCIS announced that it would be accepting applications for I-9 forms from foreign nationals who do not have a valid EAD at the time they file Form I-9.
Changes to the H4-EAD Visa Program Rules
* Foreign workers seeking to enter the United States under the H-1B visa program will now need to apply for their H-1B visa before filing their application for permanent residence. Previously the process is reverse, meaning that applicants could only apply for a visa after obtaining employment authorization. However, this requirement no longer applies. For more information on the H-1B, click here. Additionally, any foreign worker who have a green card will be able to work in the U.S., regardless of whether he/she holds an H-1B visa. Click here for additional details.
* A person who intends to travel abroad using the H-1B nonimmigrant classification will now need to obtain a valid passport prior to departure. However, if the person’s employer requires him/her to maintain his/her H-1B status while traveling outside the U.S., he/she may continue to use the H-1B classification until returning to the U.S. and applying for adjustment of status. For more information on travel requirements, click here.
* An applicant for the EB-5 visa program will no longer have to provide proof of financial independence. Previously, the applicant had to demonstrate that s/he had a gross annual income of at least $1 million per year. Now, applicants will only need to show that they meet a net worth requirement of $500K. For more information about the net worth requirement, click here. Lets Discuss H4-EAD Visa Steps In USA 2022-23
H4-EAD Visa Rules for U.S. Citizens
The H4-EAD visa is design specifically for those who intend to engage in agricultural employment (H-2A) as seasonal farm workers. Agricultural workers may be engage at any time during the season. While they are on their way to work or after they have finished working. However, the law requires that agricultural workers cannot enter or remain inside the United States on a visa unless they have been granted EAD (Employment Authorization Document). This document serves as proof that the worker is authorize to work in the United States during the time he/she is here.
H4-Ead Visa Duration
The H4-EA temporary nonimmigrant visa is valid for two years. Thereafter the holder must leave the country or apply for another type of immigrant visa. If the person fails to leave the country within the allot period, his/her authorization to stay in the United States may be punishable.
H4-Ea Visa Eligibility Criteria
H-1B visas are granting to foreign workers in specialty occupations who have at least a bachelor’s degree or equivalent work experience. The primary intent of this program is to fill high-skill positions that require specialized knowledge.
The employer petitioning for a worker must prove that they cannot find qualified U.S. workers to do the job. After filing the petition, employers wait a period of time before scheduling interviews, because the I-129 approval process takes several months. H4-EAD Visa Steps In USA 2022-23
An employer can hire a single employee using these temporary visas and may bring over additional employees after the initial petition is approve. But once the first person starts working, the company must file an I-140 application if they wish to employ any additional hires.