Who Qualifies for H-4 EAD?
H-4 spouses qualify for employment authorization in two primary situations. First, if the H-1B principal spouse has an approved Form I-140 Immigrant Petition for Alien Worker. Second, if the H-1B spouse has been granted H-1B status beyond the initial six-year limit based on pending green card processing under AC21 provisions.
The I-140 approval creates eligibility regardless of priority date currency or visa availability. Even if the green card wait will be many years, an approved I-140 enables H-4 EAD eligibility immediately.
According to 8 CFR 214.2(h)(9)(iv), H-4 dependent spouses meeting these criteria may apply for employment authorization by filing Form I-765.
What If the I-140 Is Still Pending?
A pending I-140 does not create H-4 EAD eligibility. The I-140 must be approved. However, if the H-1B spouse has an H-1B extension beyond six years based on pending labor certification or I-140 (under AC21 sections 104(c) or 106(a)), the H-4 spouse becomes eligible.
This means some H-4 spouses become eligible through the seventh-year H-1B extension even before I-140 approval. The H-1B extension beyond six years itself creates eligibility.
Track both the I-140 status and the H-1B extension basis to understand when eligibility begins.
How Do You Apply for H-4 EAD?
File Form I-765 Application for Employment Authorization with USCIS. Select category (c)(26) for H-4 dependent spouses of H-1B nonimmigrants.
Include required documentation: copy of H-4 approval notice or I-94 showing current H-4 status, evidence of the H-1B spouse's approved I-140 or H-1B extension beyond six years, passport biographical page, two passport-style photographs, and the filing fee.
Marriage documentation linking you to the H-1B principal may be required. Include marriage certificate and evidence that you are the spouse of the qualifying H-1B worker.
What Supporting Documents Are Required?
Evidence of H-4 status includes your most recent I-94 arrival/departure record, H-4 approval notice (Form I-797), and passport with H-4 visa stamp if applicable.
Evidence of H-1B spouse's eligibility includes the I-140 approval notice showing the H-1B spouse as beneficiary or H-1B approval notice showing extension beyond six years under AC21.
If the I-140 was filed by a different employer than the current H-1B employer, include evidence connecting the approved I-140 to your spouse.
How Long Does H-4 EAD Processing Take?
Current processing times range from three to seven months depending on service center workload. Check the USCIS processing times page for current estimates for Form I-765 at the service center handling your case.
Processing times fluctuate based on application volume and USCIS resources. Plan your filing to account for potential delays, especially if you have employment start dates or current EAD expirations approaching.
Premium processing is not currently available for H-4 EAD applications. You must wait through standard processing timelines.
What If You Need the EAD Urgently?
Expedite requests are possible in limited circumstances. USCIS considers expedites for severe financial loss, emergency situations, humanitarian reasons, and other compelling circumstances.
Document your expedite request thoroughly. Job offers with specific start dates, financial hardship evidence, or other urgent circumstances should be explained and supported with evidence.
Expedite approval is not guaranteed. Many requests are denied. Plan your application timeline to avoid reliance on expedite processing.
How Long Is H-4 EAD Valid?
H-4 EAD validity matches the underlying H-4 status period. If your H-4 is approved for three years, your EAD will be valid for the same period. When H-4 status is extended, you must apply for a new EAD.
The EAD cannot extend beyond your H-4 status validity. If your H-4 expires before EAD processing completes, the EAD will be issued only for the valid H-4 period.
Coordinate H-4 extension and EAD renewal filings to maintain continuous status and work authorization.
When Should You Apply for Renewal?
File renewal applications at least 120 to 180 days before your current EAD expires. This buffer accounts for processing delays and ensures continuous authorization.
If you file a renewal application before your current EAD expires, you may qualify for automatic extension of work authorization while the renewal is pending. Check current USCIS automatic extension rules for applicable categories.
Do not let your EAD expire without a pending renewal. Gaps in work authorization require you to stop working until the new EAD is approved.
What Can You Do with H-4 EAD?
H-4 EAD provides unrestricted employment authorization. You can work for any employer, in any field, full-time or part-time, without employer sponsorship.
Unlike H-1B which requires employer sponsorship and specific job requirements, H-4 EAD gives complete flexibility. You can change jobs freely, work multiple jobs, or freelance.
You can also use H-4 EAD to start a business or be self-employed. The authorization is not tied to any particular employer or position.
Can You Work Before the EAD Arrives?
No. You cannot begin employment until you receive the physical EAD card. The pending application does not authorize work.
Once approved, USCIS produces the card and mails it to you. Card production and mailing typically add one to two weeks after approval.
Plan your employment start date to account for both processing time and card production delays.
What Happens If H-1B Status Changes?
H-4 EAD eligibility depends on the H-1B spouse maintaining qualifying status. If the H-1B spouse loses status, changes to a different visa category, or the I-140 is revoked, H-4 EAD eligibility may be affected.
If the H-1B spouse changes employers but maintains H-1B status and the I-140 remains valid (or a new I-140 is filed), H-4 EAD eligibility generally continues.
I-140 portability under AC21 allows the I-140 approval to remain valid for H-4 EAD purposes even if the H-1B spouse changes jobs, provided the I-140 was approved for at least 180 days.
What If the I-140 Is Revoked?
I-140 revocation may end H-4 EAD eligibility if the revocation is for fraud or willful misrepresentation. Revocation due to employer withdrawal after 180 days generally does not affect eligibility due to AC21 portability.
If you lose eligibility, you must stop working when your current EAD expires. You cannot renew without qualifying basis.
Monitor the H-1B spouse's immigration status and I-140 status to anticipate any changes affecting your work authorization.
