The Various Ways to Raise an H4 EAD Expedite Request

April 21, 2022

4 mins

A fragment of the H4 visa document against the blurred April calendar

This blog discusses the following topics:

H4 EAD Expedite process
Documents required for raising an EAD expedite process
Process of raising an EAD expedite request

Before proceeding to read further about H4 EAD expedite process, we recommend you to read about The H4 Employment Authorization Document for the better understanding.

The H4 EAD Expedite Process

Are you waiting for your H4 or L2 Employment Authorization Document to be processed? If so, it could be a long, long wait. Without the Premium Processing option available for H4 EAD, the USCIS could take upto 12 or 14 months in certain cases to process your H4 EAD request.
The only way to bypass this delay is to raise an H4 expedite request for your application with the USCIS. When USCIS grants an expedite request, it will process the requester's application ahead of others who filed earlier. But of course, the sole power of accommodating such a request on a case-by-case basis lies with the USCIS.

For the USCIS to consider your H4 EAD expedite request, it must meet one or more of the following criteria:

Humanitarian reasons and other emergencies
A non-profit organization whose request supports the United States' social and cultural interests
To clear a USCIS error
For the interest of the US Government
Significant monetary loss to a company or individual provided that immediate action is not necessary because the petitioner or applicant failed to:

Apply for the benefit request on time
Respond promptly to the requests for further evidence

Documents Required for H4 EAD Expedite Request
As with any other visa process, the USCIS expects you to submit a list of documents while filing your H4 EAD expedite request. They are:

Job Offer Letter
USCIS case receipt number
Child support documents
Proof of USCIS error
Employer's letter stating that you cannot continue working without an EAD and that they will suffer a loss if your EAD is delayed
Medical documents if you require medical assistance (if you are a health worker)
Evidence of the significance of your work for the US government. You might need a letter from your employer explaining what you do and why you must keep your job

Once you have collected the above-mentioned documents, the next step is to initiate the process of raising an H4 EAD to expedite the request. Fortunately, there are three options to get this done. Let's explore the details further.

Raising an H4 EAD Expedite Request: How to do it

When you have the right reasons to ask for an H4 EAD expedite request, you have three options to get things going:

1. Calling the USCIS or visiting the USCIS office where you have filed your request

Once you have received a receipt from the USCIS, you can apply for expedited processing by:

Calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833)
Using the chat option (Ask Emma) on the USCIS

Once you've contacted the USCIS, they will create and forward a service request to the centre that is handling your H4 EAD petition. Upon receiving this petition, the office will initiate the process or request additional documents to further the process.

Please note that the expedite request decision does not imply denial or approval of the ongoing benefit request. In an expedited decision, USCIS takes the benefit request out of the given date and issues a decision faster than the usual processing time.

2. Getting help from a Member of Congress

To raise an expedite request through a Member of Congress, you must:

Gather details about your local Member of Congress
Send an email with the details or call their office and share the required information
Fill in a form that their office sends via email and attach all the supporting documents

Once you have done these things, all you have to do is wait for a response from the Member of Congress or the USCIS regarding their decision on your request.

3. Through an Ombudsman

The Citizenship and Immigration Services Ombudsman, or CIS Ombudsman, helps citizens and employers resolve issues related to USCIS (U.S. Citizenship and Immigration Services). However, it is better to first contact the USCIS before requesting assistance from the Ombudsman.

The Ombudsman functions as an independent office in the Department of Homeland Security or DHS. Although it is not a part of the USCIS, it can bring issues to the USCIS' attention and recommend the right solutions. You can reach out to the Ombudsman's office via:

Filing a request on the Ombudsman Office Webpage
Email
Mail

You may also have to send supporting documents to the Ombudsman to recommend your request.

Also Read: H4 EAD Premium Processing - Current Updates and All You Need to Know

Duration for H4 EAD Expedite Request: How Long Will it Take?

Once you submit a request to expedite your EAD, USCIS creates a case and forwards it to the office where it is currently pending. The USCIS case officer will review your application, decide whether more documentary proof is needed, and notify you via email. Once you receive such an email, you must submit the required documents without any delay.

Once the USCIS case officer approves your EAD expedite request, you will receive another email. EADs are approved within ten days of receiving this email, although the processing time is 45 days.

Sometimes, the USCIS may deny your H4 EAD expedite request because it has strict guidelines for approving requests. Most often, expedite requests are based on one main reason: Severe financial loss to the company or person. The USCIS demands a lot of proof, like notices and utility shut-off notices as evidence for this reason. The USCIS may reject your request if it does not find enough evidence to prove your reason.

Wrapping Up

Only the USCIS holds power to expedite your EAD request. You can only explore your options, follow the instructions, and submit the required paperwork.