H-4 EAD: Work Authorization for H-1B Dependents
Spouses of H-1B holders can get work authorization through H-4 EAD. Here's who qualifies, how to apply, and processing times.
Quick Answer
H-4 EAD allows spouses of H-1B holders to work in U.S. without restrictions. Eligibility requires H-1B spouse to have approved I-140 OR H-1B status under AC21 extension (beyond 6 years). File Form I-765 with $410 fee. Processing takes 3-6 months. EAD valid until H-4 status expires. Can work any job, start business, freelance. Program has faced legal challenges but remains active as of 2025.
Key Takeaways
H-4 spouse can work if H-1B holder has approved I-140
Also eligible if H-1B holder is on AC21 extension beyond 6 years
File I-765 with $410 fee, processing 3-6 months
Unrestricted work authorization (any employer, self-employment)
Must renew when H-4 status renews
Program legally challenged but still active
Key Takeaways
H-4 spouse can work if H-1B holder has approved I-140
Also eligible if H-1B holder is on AC21 extension beyond 6 years
File I-765 with $410 fee, processing 3-6 months
Unrestricted work authorization (any employer, self-employment)
Must renew when H-4 status renews
Program legally challenged but still active
Table of Content
Who Qualifies for H-4 EAD
Not all H-4 dependents are eligible for employment authorization.
Only certain H-4 spouses qualify based on the H-1B principal’s status.
You may qualify only if your H-1B spouse meets one of the following conditions:
Has an approved Form I-140 (Immigrant Petition)
Has H-1B status extended beyond the 6-year limit under AC21
Understanding the AC21 Extension
Under AC21, an H-1B worker can extend status beyond the normal 6-year limit when:
The I-140 is approved, but
The priority date is not current due to visa bulletin backlogs
In these cases, H-1B status can be extended in 1–3 year increments until the green card stage becomes available.
This extension makes the H-4 spouse eligible for EAD.
Who Is Not Eligible
You are not eligible for H-4 EAD if:
The H-1B spouse has no I-140 filed or approved
The H-1B spouse is still within the initial 6-year H-1B period without an approved I-140
You are an H-4 child (only spouses qualify)
H-4 EAD Application Process
Step 1: Gather required documents
Form I-765 (Application for Employment Authorization)
Copy of H-4 I-94
Copy of H-4 approval notice (Form I-797)
Copy of spouse’s H-1B approval notice
Copy of spouse’s I-140 approval notice
Two passport-style photos
Copy of passport biographical page
Copy of marriage certificate
Previous EAD card (for renewals)
Step 2: File with USCIS
Filing fee: $410
Can file online or by mail
Online filing is generally faster and allows case tracking
Step 3: Processing
Typical processing time: 3–6 months
Biometrics appointment may be required
Expedite requests may be available in limited situations
Scope of Work Authorization
H-4 EAD provides unrestricted work authorization.
You may:
Work for any employer (no sponsorship required)
Change jobs freely
Work multiple jobs
Start your own business
Freelance or consult
Work part-time or full-time
Unlike H-1B status, H-4 EAD is not tied to a specific employer, offering maximum flexibility.
Many H-4 spouses use it to build careers or start businesses in fields where sponsorship is rare.
Validity and Renewal Rules
H-4 EAD validity is tied to H-4 status validity.
When the H-1B spouse renews status, the H-4 and EAD must also be renewed.
Typical processing times
Initial EAD: 3–6 months
Renewal: 3–6 months
Replacement (lost or stolen): 2–4 months
Renewal Timing and Automatic Extension
File I-765 renewal up to 180 days before EAD expiration
If filed before expiration:
You may continue working while renewal is pending
A 180-day automatic extension applies if the EAD expires during processing
Risk of Employment Gaps
If you fail to file the renewal on time and your EAD expires:
You must stop working
You cannot resume until the new EAD is approved
This gap can last several months
Ways to protect yourself
Set a calendar reminder 180 days before expiration
File renewal immediately when eligible
Monitor USCIS processing times
Consider premium processing if it becomes available
Legal Challenges to the H-4 EAD Program
The H-4 EAD program has faced multiple legal challenges since its creation in 2015.
Several administrations have attempted to rescind or limit it.
Current status (2025)
Program remains active
No immediate threat of termination
Applications are being processed normally
Subject to change with future administrations
If the program were terminated, existing EADs would likely remain valid until expiration, but renewals might not be available.
Impact on the Green Card Process
Holding H-4 EAD does not negatively affect the green card process.
Your spouse’s I-140 and I-485 proceed normally
Once I-485 is filed for both spouses:
You receive an I-485-based EAD
H-4 EAD is no longer needed
Many H-4 spouses transition seamlessly from H-4 EAD to adjustment-based EAD.
Who Qualifies for H-4 EAD
Not all H-4 dependents are eligible for employment authorization.
Only certain H-4 spouses qualify based on the H-1B principal’s status.
You may qualify only if your H-1B spouse meets one of the following conditions:
Has an approved Form I-140 (Immigrant Petition)
Has H-1B status extended beyond the 6-year limit under AC21
Understanding the AC21 Extension
Under AC21, an H-1B worker can extend status beyond the normal 6-year limit when:
The I-140 is approved, but
The priority date is not current due to visa bulletin backlogs
In these cases, H-1B status can be extended in 1–3 year increments until the green card stage becomes available.
This extension makes the H-4 spouse eligible for EAD.
Who Is Not Eligible
You are not eligible for H-4 EAD if:
The H-1B spouse has no I-140 filed or approved
The H-1B spouse is still within the initial 6-year H-1B period without an approved I-140
You are an H-4 child (only spouses qualify)
H-4 EAD Application Process
Step 1: Gather required documents
Form I-765 (Application for Employment Authorization)
Copy of H-4 I-94
Copy of H-4 approval notice (Form I-797)
Copy of spouse’s H-1B approval notice
Copy of spouse’s I-140 approval notice
Two passport-style photos
Copy of passport biographical page
Copy of marriage certificate
Previous EAD card (for renewals)
Step 2: File with USCIS
Filing fee: $410
Can file online or by mail
Online filing is generally faster and allows case tracking
Step 3: Processing
Typical processing time: 3–6 months
Biometrics appointment may be required
Expedite requests may be available in limited situations
Scope of Work Authorization
H-4 EAD provides unrestricted work authorization.
You may:
Work for any employer (no sponsorship required)
Change jobs freely
Work multiple jobs
Start your own business
Freelance or consult
Work part-time or full-time
Unlike H-1B status, H-4 EAD is not tied to a specific employer, offering maximum flexibility.
Many H-4 spouses use it to build careers or start businesses in fields where sponsorship is rare.
Validity and Renewal Rules
H-4 EAD validity is tied to H-4 status validity.
When the H-1B spouse renews status, the H-4 and EAD must also be renewed.
Typical processing times
Initial EAD: 3–6 months
Renewal: 3–6 months
Replacement (lost or stolen): 2–4 months
Renewal Timing and Automatic Extension
File I-765 renewal up to 180 days before EAD expiration
If filed before expiration:
You may continue working while renewal is pending
A 180-day automatic extension applies if the EAD expires during processing
Risk of Employment Gaps
If you fail to file the renewal on time and your EAD expires:
You must stop working
You cannot resume until the new EAD is approved
This gap can last several months
Ways to protect yourself
Set a calendar reminder 180 days before expiration
File renewal immediately when eligible
Monitor USCIS processing times
Consider premium processing if it becomes available
Legal Challenges to the H-4 EAD Program
The H-4 EAD program has faced multiple legal challenges since its creation in 2015.
Several administrations have attempted to rescind or limit it.
Current status (2025)
Program remains active
No immediate threat of termination
Applications are being processed normally
Subject to change with future administrations
If the program were terminated, existing EADs would likely remain valid until expiration, but renewals might not be available.
Impact on the Green Card Process
Holding H-4 EAD does not negatively affect the green card process.
Your spouse’s I-140 and I-485 proceed normally
Once I-485 is filed for both spouses:
You receive an I-485-based EAD
H-4 EAD is no longer needed
Many H-4 spouses transition seamlessly from H-4 EAD to adjustment-based EAD.
Frequently Asked Questions
How long does H-4 EAD take?
3-6 months currently. Processing times vary. File 180 days before any deadline to allow buffer.
How long does H-4 EAD take?
3-6 months currently. Processing times vary. File 180 days before any deadline to allow buffer.
Can I work while H-4 EAD is pending?
Not on initial application. On renewal, if filed before expiration, you get automatic 180-day extension to continue working.
Can I work while H-4 EAD is pending?
Not on initial application. On renewal, if filed before expiration, you get automatic 180-day extension to continue working.
What if H-1B spouse's I-140 is withdrawn?
If I-140 withdrawn within 180 days of approval, H-4 EAD eligibility may be affected. After 180 days, I-140 remains valid for EAD purposes.
What if H-1B spouse's I-140 is withdrawn?
If I-140 withdrawn within 180 days of approval, H-4 EAD eligibility may be affected. After 180 days, I-140 remains valid for EAD purposes.
Can I start a business on H-4 EAD?
Yes. H-4 EAD allows any type of work including self-employment and business ownership.
Can I start a business on H-4 EAD?
Yes. H-4 EAD allows any type of work including self-employment and business ownership.
What happens if program is cancelled?
Existing EADs likely valid until expiration. Renewals might not be available. Stay informed about policy changes affecting program.
What happens if program is cancelled?
Existing EADs likely valid until expiration. Renewals might not be available. Stay informed about policy changes affecting program.
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