H-4 EAD: Work Authorization for H-1B Spouses and How to Get It
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 2024.
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 can get EAD. Specific requirements exist.
Eligible if H-1B spouse:
Has approved I-140 immigrant petition, OR
Has H-1B status extended beyond 6-year limit under AC21
AC21 extension explained: When H-1B holder has approved I-140 but can't file I-485 due to visa bulletin backlog, they can extend H-1B beyond normal 6-year limit in 1-3 year increments until priority date becomes current.
Not eligible if:
H-1B spouse has no I-140 filed
H-1B spouse is within initial 6-year H-1B period without approved I-140
You're H-4 child (only spouses eligible)
Application Process
Step 1: Gather documents
Form I-765 (Application for Employment Authorization)
Copy of H-4 I-94
Copy of H-4 approval notice (I-797)
Copy of spouse's H-1B approval notice
Copy of spouse's I-140 approval notice
Passport photos (2)
Copy of passport biographical page
Copy of marriage certificate
Previous EAD (if renewal)
Step 2: File with USCIS
Filing fee: $410
Can file online or by mail
Online filing faster and allows tracking
Step 3: Wait for processing
3-6 months typical
Can request expedite in certain circumstances
Biometrics appointment may be required
Application Type | Processing Time | Notes |
|---|---|---|
Initial EAD | 3-6 months | First time applying |
Renewal | 3-6 months | File 180 days before expiration |
Replacement | 2-4 months | Lost or stolen card |
Work Authorization Scope
H-4 EAD provides unrestricted work authorization. You can work for any employer (no sponsorship needed), change jobs freely, work multiple jobs, start your own business, freelance or consult, and work part-time or full-time.
Unlike H-1B tied to specific employer, H-4 EAD gives complete flexibility. Many H-4 spouses use this to build careers, start businesses, or work in fields where H-1B sponsorship is rare.
Renewal Timing
EAD validity matches H-4 status validity. When H-4 is renewed (typically when H-1B spouse renews), EAD must also be renewed.
Renewal timeline:
File I-765 renewal 180 days before EAD expires
Can continue working while renewal pending (if filed before expiration)
If renewal pending and EAD expires, automatic 180-day extension
Don't let EAD expire without filing renewal. Gap in work authorization creates employment problems.
Employment Gap Risk
If you don't file renewal in time and EAD expires, you cannot work until new EAD is approved. This can take months.
Protecting yourself:
Calendar reminder 180 days before expiration
File renewal immediately when eligible
Track processing times at USCIS website
Consider premium processing if available
Legal Challenges to H-4 EAD
H-4 EAD program has faced multiple legal challenges since creation in 2015. Various administrations have attempted to rescind or limit it.
Current status (2024-2025):
Program remains active
No immediate threat of termination
Subject to change with future administrations
Applications still being processed normally
If program were terminated, existing EADs would likely remain valid until expiration but renewals might not be available. Stay informed about policy changes.
Impact on Green Card Process
Having H-4 EAD doesn't affect green card process. Your spouse's I-140 and eventual I-485 proceed normally. When I-485 is filed for both of you, you'll receive EAD through I-485 (different category, no H-4 EAD needed anymore).
Many H-4 holders transition from H-4 EAD to I-485-based EAD when adjustment of status is filed.
H-4 EAD and Taxes
H-4 EAD income is taxed like any other employment. Report all earnings on tax return, pay federal and state income taxes, pay Social Security and Medicare taxes (if employee), and pay self-employment tax if freelancing/business.
File jointly with spouse typically for best tax treatment.
Who Qualifies for H-4 EAD
Not all H-4 dependents can get EAD. Specific requirements exist.
Eligible if H-1B spouse:
Has approved I-140 immigrant petition, OR
Has H-1B status extended beyond 6-year limit under AC21
AC21 extension explained: When H-1B holder has approved I-140 but can't file I-485 due to visa bulletin backlog, they can extend H-1B beyond normal 6-year limit in 1-3 year increments until priority date becomes current.
Not eligible if:
H-1B spouse has no I-140 filed
H-1B spouse is within initial 6-year H-1B period without approved I-140
You're H-4 child (only spouses eligible)
Application Process
Step 1: Gather documents
Form I-765 (Application for Employment Authorization)
Copy of H-4 I-94
Copy of H-4 approval notice (I-797)
Copy of spouse's H-1B approval notice
Copy of spouse's I-140 approval notice
Passport photos (2)
Copy of passport biographical page
Copy of marriage certificate
Previous EAD (if renewal)
Step 2: File with USCIS
Filing fee: $410
Can file online or by mail
Online filing faster and allows tracking
Step 3: Wait for processing
3-6 months typical
Can request expedite in certain circumstances
Biometrics appointment may be required
Application Type | Processing Time | Notes |
|---|---|---|
Initial EAD | 3-6 months | First time applying |
Renewal | 3-6 months | File 180 days before expiration |
Replacement | 2-4 months | Lost or stolen card |
Work Authorization Scope
H-4 EAD provides unrestricted work authorization. You can work for any employer (no sponsorship needed), change jobs freely, work multiple jobs, start your own business, freelance or consult, and work part-time or full-time.
Unlike H-1B tied to specific employer, H-4 EAD gives complete flexibility. Many H-4 spouses use this to build careers, start businesses, or work in fields where H-1B sponsorship is rare.
Renewal Timing
EAD validity matches H-4 status validity. When H-4 is renewed (typically when H-1B spouse renews), EAD must also be renewed.
Renewal timeline:
File I-765 renewal 180 days before EAD expires
Can continue working while renewal pending (if filed before expiration)
If renewal pending and EAD expires, automatic 180-day extension
Don't let EAD expire without filing renewal. Gap in work authorization creates employment problems.
Employment Gap Risk
If you don't file renewal in time and EAD expires, you cannot work until new EAD is approved. This can take months.
Protecting yourself:
Calendar reminder 180 days before expiration
File renewal immediately when eligible
Track processing times at USCIS website
Consider premium processing if available
Legal Challenges to H-4 EAD
H-4 EAD program has faced multiple legal challenges since creation in 2015. Various administrations have attempted to rescind or limit it.
Current status (2024-2025):
Program remains active
No immediate threat of termination
Subject to change with future administrations
Applications still being processed normally
If program were terminated, existing EADs would likely remain valid until expiration but renewals might not be available. Stay informed about policy changes.
Impact on Green Card Process
Having H-4 EAD doesn't affect green card process. Your spouse's I-140 and eventual I-485 proceed normally. When I-485 is filed for both of you, you'll receive EAD through I-485 (different category, no H-4 EAD needed anymore).
Many H-4 holders transition from H-4 EAD to I-485-based EAD when adjustment of status is filed.
H-4 EAD and Taxes
H-4 EAD income is taxed like any other employment. Report all earnings on tax return, pay federal and state income taxes, pay Social Security and Medicare taxes (if employee), and pay self-employment tax if freelancing/business.
File jointly with spouse typically for best tax treatment.
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.
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.
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.
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