Navigating the U.S. immigration system can be complex, especially for spouses of H-1B visa holders seeking employment authorization. The H-4 Employment Authorization Document (EAD) offers eligible H-4 visa holders the opportunity to work legally in the United States. This guide provides a detailed overview of the application process, eligibility criteria, required documentation, and other essential information to help you successfully obtain an H-4 EAD.
Understanding the H-4 EAD
The H-4 visa is designated for dependents (spouses and unmarried children under 21) of H-1B visa holders. While H-4 visa holders can reside in the U.S., they are generally not permitted to work unless they obtain an Employment Authorization Document (EAD). The EAD allows H-4 visa holders to work for any employer in the U.S. without restrictions.
Eligibility Criteria
Not all H-4 visa holders are eligible for an EAD. To qualify, you must meet the following conditions:
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Spousal Relationship: You must be the spouse of an H-1B visa holder.
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H-1B Status: Your H-1B spouse must:
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Be the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
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Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act (AC21).
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Valid H-4 Status: You must currently hold valid H-4 status.
Step-by-Step Application Process
1. Gather Required Documents
Before initiating the application, ensure you have the following documents:
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Form I-765: Completed and signed.
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Proof of H-4 Status:
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Copy of your current H-4 visa.
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Copy of your Form I-94, Arrival/Departure Record.
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Proof of Spouse’s H-1B Status:
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Copy of your spouse’s H-1B visa.
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Copy of your spouse’s Form I-94.
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Copy of your spouse’s Form I-797, Approval Notice.
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Proof of Approved I-140:
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Copy of the I-140 approval notice.
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Marriage Certificate: To establish the spousal relationship.
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Photographs: Two passport-sized photos meeting U.S. passport photo requirements.
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Government-Issued ID: Copy of your passport’s biographic page.
2. Complete Form I-765
Form I-765, Application for Employment Authorization, is the primary form for requesting an EAD. Ensure you:
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Use the most recent version of the form
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Select the correct eligibility category: (c)(26) for H-4 spouses
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Provide accurate and complete information to avoid delays.
3. Pay the Filing Fee
The current filing fee for Form I-765 is $410. Payment can be made via:
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Money order
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Credit card (using Form G-1450, Authorization for Credit Card Transactions).
Ensure the payment is made payable to “U.S. Department of Homeland Security.”
4. Submit the Application
Mail the completed Form I-765, supporting documents, photographs, and filing fee to the appropriate USCIS lockbox facility based on your residence. The mailing address can be found on the USCIS website.
5. Receive Receipt Notice
After USCIS receives your application, they will send a Form I-797C, Notice of Action, acknowledging receipt. This notice contains a receipt number, which you can use to track your application’s status online.
6. Respond to Requests for Evidence (If Applicable)
USCIS may issue a Request for Evidence (RFE) if additional information is needed. Respond promptly with the requested documentation to avoid delays.
7. Await Decision
The processing time for H-4 EAD applications varies but typically ranges from 4 to 6 months. Once approved, USCIS will mail your EAD card to the address provided.
Renewal of H-4 EAD
EADs are typically valid for the duration of your H-4 status. To continue working without interruption, submit a renewal application:
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Timeline: Up to 180 days before your current EAD expires
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Process: Similar to the initial application, including Form I-765, supporting documents, and filing fee.
Important Considerations
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No Premium Processing: Currently, premium processing is not available for H-4 EAD applications.
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Social Security Number (SSN): Once you receive your EAD, you can apply for an SSN, which is required for employment.
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Traveling Abroad: If you travel outside the U.S. while your EAD application is pending, it may impact your application. Consult with an immigration attorney before making travel plans.
Frequently Asked Questions (FAQs)
1. Can I start working as soon as I apply for an H-4 EAD?
No. You must wait until you receive your actual EAD card from USCIS before beginning any employment. Working without proper authorization is a violation of your visa status and can have serious immigration consequences.
2. Is the H-4 EAD a one-time benefit?
No. You can apply to renew your H-4 EAD as long as you remain eligible and continue to hold H-4 status. Keep an eye on expiration dates and submit renewal applications up to 180 days before the current EAD expires.
3. Can I work for multiple employers with an H-4 EAD?
Yes. The H-4 EAD is not employer-specific. You may work full-time, part-time, or even start your own business. This flexibility is one of the major advantages of having an EAD.
4. What happens if my spouse changes jobs or loses H-1B status?
If your H-1B spouse loses status or changes employers and their H-1B status is disrupted, your H-4 status—and by extension, your EAD—may be affected. It’s crucial to maintain your legal status by keeping track of your spouse’s visa situation.
5. Can I apply for an H-4 EAD if my spouse’s I-140 has been revoked?
No. If the I-140 petition that formed the basis of your eligibility has been revoked or withdrawn before your EAD is approved, you will no longer qualify. Your spouse must either have an active I-140 or meet the AC21 extension criteria.
6. Can I expedite my EAD application?
Expedited processing is granted only under specific circumstances, such as severe financial loss, emergencies, or humanitarian reasons. You’ll need to submit a written request with supporting documentation. Approval is discretionary and not guaranteed.
Tips for a Successful H-4 EAD Application
If you want to maximize your chances of a successful application, consider these practical tips:
✔️ Double-Check Your Forms
Ensure that all information on Form I-765 is accurate, consistent with your supporting documents, and neatly filled. Even minor mistakes can cause delays or denials.
✔️ Include a Cover Letter
While optional, a well-organized cover letter can help USCIS officers quickly understand your eligibility and the documents included in your packet. Clearly list your relationship to the H-1B holder, their I-140 status, and your H-4 status.
✔️ Track Your Receipt Number
Use the USCIS online case tracker to monitor the status of your application. This helps you stay informed about any updates or requests for additional evidence.
✔️ Keep Copies of Everything
Always keep photocopies or scanned digital copies of everything you send to USCIS, including the filled-out application, your supporting documents, photos, and the mailing receipt.
✔️ Maintain Valid H-4 Status
Your eligibility for an EAD is directly tied to your H-4 status. Make sure your I-94 remains valid, and apply for extensions before expiration.
The Bigger Picture: Empowering H-4 Spouses
For many H-4 spouses, the EAD isn’t just a work permit — it’s a symbol of empowerment and opportunity. Whether you aim to return to a paused career, support your family, or start a business in the U.S., the EAD offers a path forward.
Over the years, H-4 EAD holders have become entrepreneurs, tech leaders, educators, researchers, and advocates. Their contributions are a testament to the potential of talent from across the globe — and the importance of providing fair access to work opportunities.
That said, the future of the H-4 EAD program has seen periods of political and legal uncertainty. While the Biden administration has reaffirmed support for the program, it’s essential to stay updated on any policy changes that could impact your status.
What to Do If Your EAD Is Denied
If your H-4 EAD application is denied, USCIS will typically issue a written explanation. Here’s what you can do:
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Review the Reason: Understand the cause of the denial. Common reasons include missing documents, incorrect forms, or failure to meet eligibility requirements.
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Consult an Immigration Attorney: Legal counsel can help you identify options, whether it’s reapplying, filing a Motion to Reconsider, or correcting errors.
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Reapply if Possible: If your situation allows, you may be able to fix the issues and submit a new application.
It’s important not to panic. Denials are sometimes procedural and can be resolved with the right support.
Final Thoughts
Applying for an H-4 EAD is a critical step toward independence and integration into the U.S. workforce. Though the process can feel bureaucratic and overwhelming, it’s entirely manageable with the right planning and resources.
Here’s a quick recap of what you should keep in mind:
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Confirm your eligibility based on your spouse’s immigration status.
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Complete Form I-765 carefully and accurately.
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Gather all required supporting documents, including marriage proof, visa copies, and I-140 evidence.
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Stay ahead of deadlines and track your case online.
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If you hit any roadblocks, seek help early — whether through an immigration attorney or a community support group.
By investing time into a well-prepared application, you open the door to a wealth of opportunities — professional, personal, and financial. Whether you’re dreaming of restarting a career, gaining experience in your field, or launching your own venture, the H-4 EAD is a powerful tool to help you thrive.
