Here's how and when you can apply for your H4 EAD.

The biggest thing that people on an H4 dependent visa want is the ability to work. Most people on this visa come to the U.S. as a spouse of an H1b holder, which means your spouse is working but you are not. This can be frustrating, so if you want to know whether you qualify for an Employment Authorization Document (“EAD”) or not, then keep reading.

According to USCIS, there are currently two categories of H4 visa holders who qualify for a work permit. First, you are the principal beneficiary of an H1b visa holder who has an approved I-140 petition. Second, you are the beneficiary of an H1b visa holder who has been granted an extension of their H1b status in one-year increments beyond their initial 6-year visa period AND the labor certification was file at least 365 days before the 6-year visa expired.

If you currently fall under either of these categories, then you are eligible to apply for an EAD by filing an I-765, Application for Employment Authorization. The best thing about an H4 EAD is that, unlike the H1b, you are not tied to any employer, and you can work any job that you would like to. You can even start your own business. Your H4 EAD is valid for as long as your spouse’s H1b visa is valid.

Reach out to us and schedule a free consultation to determine if you’re eligible to apply for an EAD and to help you with your application for work authorization.

Source: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses

June 4, 2024

Written by: Attorney Saimithra Reddy