An H-4 EAD (Employment Authorization Document) is a work permit that enables certain spouses of H-1B visa holders to work in the United States legally. It allows eligible H-4 dependents to seek employment while their H-1B spouse maintains valid immigration status.
Eligibility Criteria for H-4 Dependent Spouses
Certain H-4 spouses of H-1B visa holders can apply for employment authorization by filing Form I-765, Application for Employment Authorization, if the H-1B holder:
• Is the main beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker); or
• Has received H-1B status under the provisions of the American Competitiveness in the Twenty-First Century Act (AC21), specifically sections 106(a) and (b).
Steps to Apply for an H-4 EAD
1. Submit Form I-765: Complete and file Form I-765, Application for Employment Authorization, to request your EAD.
2. Obtain the EAD: Wait for USCIS to issue the EAD (Form I-766) before beginning employment. Using an outdated form can lead to processing delays or requests for additional evidence.
Required Documentation
Applicants need to provide the following:
• Proof of marital relationship (e.g., marriage certificate)
• Government-issued identification
• Evidence of eligibility (e.g., approved Form I-140 or H-1B status documentation)
• Proof of H-4 visa status
Frequently Asked Questions
Can I Continue Working If My EAD Renewal is Pending?
Filing a timely renewal application may grant you an automatic extension of work authorization. However, this extension is limited to the expiration date of your current I-94. You must cease working if your I-94 expires before USCIS processes the renewal.
Can I Work for Any Employer with an H-4 EAD?
Yes, an H-4 EAD allows you to work for any employer in the U.S. in jobs permitted by law. Employment is not limited to your H-1B spouse’s employer. However, your EAD must remain valid and maintain H-4 status throughout your employment.
Can I Start a Business with an H-4 EAD?
H-4 visa holders with a valid EAD can establish and run a business. However, this does not change your immigration status from H-4 to entrepreneur or business owner. You must comply with all immigration and legal requirements for operating a business.
What Are the Consequences of Working Without a Valid H-4 EAD?
Engaging in unauthorized work is a violation of your H-4 status. This can lead to severe consequences, including denial of future immigration benefits, fines, or even deportation from the U.S.
Read Also: DHS Extends Eligibility For Employment Authorization To Certain H-4
H4 EAD Challenges During the Trump Administration
Efforts to Restrict H-4 EADs
The Trump administration sought to revoke the 2015 rule that allowed H-4 dependent spouses to work, announcing plans to eliminate their eligibility for EADs. Although this proposal remained on the regulatory agenda, it was not implemented.
Barriers to Employment
Increased processing times and the introduction of new biometric requirements, such as fingerprints, significantly delayed H-4 EAD approvals. These measures and legal battles were seen as attempts to discourage H-4 spouses from seeking employment.
Legal Actions and the Edakunni Settlement
Lawsuits were filed challenging these delays, including the addition of biometric procedures. The Edakunni v. Mayorkas settlement ultimately alleviated some of these issues, ensuring simultaneous processing of H-4, H-4 EAD, and H-1B petitions when filed together.
Conclusion
The H-4 EAD remains a critical pathway for spouses of H-1B visa holders to contribute to the U.S. workforce. While past challenges affected its accessibility, legal settlements and advocacy have helped streamline the process, providing new opportunities for eligible applicants.
Read also: Work Authorization For Certain H-4 Dependents – DHS
