Want to work legally in the United States while on an H-4 visa? If your spouse holds an H-1B visa, you may be eligible to apply for an H-4 Employment Authorization Document (EAD). This blog breaks down everything you need to know—from eligibility requirements to step-by-step application guidance using Form I-765.
💡 What is the H-4 EAD?
The H-4 EAD is a work permit issued by U.S. Citizenship and Immigration Services (USCIS) to certain spouses of H-1B visa holders. It allows the holder to legally work, be self-employed, or start a business in the U.S.
Who is Eligible for an H-4 EAD?
Not all H-4 visa holders qualify. You’re eligible only if your H-1B spouse:
- Has an approved I-140 Immigrant Petition (green card sponsorship), OR
- Has been granted H-1B status under AC21 sections 106(a) and (b), allowing extensions beyond the 6-year limit due to green card processing delays
If neither condition applies, unfortunately, you won’t qualify for an H-4 EAD.
Step-by-Step: How to Apply for H-4 EAD
- Complete Form I-765
Go to the official USCIS Form I-765 page and fill out the latest version of the form. Be sure to check box 1.a. for “Initial permission to accept employment.” - Gather Supporting Documents
- Copy of your current H-4 visa or I-94
- Copy of spouse’s H-1B approval notice (Form I-797)
- Marriage certificate (with English translation if needed)
- Proof of H-1B spouse’s I-140 approval or AC21 extension
- 2 U.S. passport-sized photos (per USCIS photo guidelines)
- Pay the Filing Fee
The fee for Form I-765 is currently $520. You can pay online if filing electronically, or include a check/money order if mailing it. - Submit Your Application
You can file:- Online: through your USCIS online account
- By Mail: Check the correct USCIS lockbox address for H-4 I-765 applicants here
How Long Does It Take?
Processing times can vary, but on average, it takes around 3 to 6 months. You can check current estimated processing times on the USCIS website.
Can You Work While Waiting?
Nope—H-4 visa holders must wait until they receive the approved EAD card before starting any form of employment.
Renewal of H-4 EAD
Your H-4 EAD is usually valid as long as your H-4 status is valid. Be sure to apply for renewal at least 6 months before your current EAD expires. Use the same Form I-765 and follow similar steps.
FAQs About H-4 EAD
Q: Can I apply for H-4 EAD while my spouse's I-140 is pending?
A: Unfortunately, no. Your spouse’s I-140 must be approved before you’re eligible.
Q: What kind of work can I do with H-4 EAD?
A: Pretty much anything—full-time, part-time, freelance, remote work, even start your own business!
Q: Can I travel while my H-4 EAD is pending?
A: Yes, but it’s risky. If USCIS needs more info and you’re out of the country, your application could be delayed or denied.
Wrapping It Up
Getting your H-4 EAD opens up a world of opportunities in the U.S.—but only if you’re eligible and follow the process correctly. From ensuring your spouse’s I-140 is approved to submitting a complete and accurate Form I-765, every step matters.
Need help filing your application? Consider consulting an immigration attorney for professional guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
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