Beginning May 26, 2015, certain H-4 dependent spouses of H-1B visa holders became eligible to apply for Employment Authorization Documents (EADs) as part of the immigration policy changes announced under President Obama’s executive action. Below, the immigration attorneys at Green Card Link explain the eligibility criteria, required documentation, and filing process in detail.
Overview of the H-4 EAD Program
This important immigration update was initially referenced in the November 2014 Presidential Immigration Action, but full details were only released in early 2015. According to U.S. Citizenship and Immigration Services (USCIS), this expansion is expected to impact approximately 179,000 individuals immediately, with an estimated 55,000 new applicants each year thereafter.
As noted by former USCIS Director León Rodríguez, the H-4 EAD rule “helps U.S. businesses retain highly skilled workers by increasing the likelihood that these professionals will remain in the United States while transitioning from temporary status to permanent residency.” This policy also supports economic stability and improves the quality of life for many families awaiting green card approval.
If you are unsure about your eligibility, it is best to consult an immigration attorney at Green Card Link for professional guidance before submitting your application.
H-4 EAD Eligibility Requirements
Holding an H-4 visa alone does not automatically qualify you for employment authorization. To be eligible for the H-4 EAD, you must meet one of the following criteria:
- You are the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
- Your H-1B spouse has been approved for an extension under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act (AC21)—legislation that allows certain H-1B workers seeking permanent residency to remain in the United States beyond the standard six-year H-1B limit.
The immigration attorneys at Green Card Link continue to monitor USCIS updates regarding the H-4 EAD process and will share new developments as they arise.
How to Apply for the H-4 EAD
To apply for an H-4 EAD, you must submit Form I-765, Application for Employment Authorization, along with the required supporting documents and a $380 filing fee. Once your application is approved, USCIS typically issues the EAD card within 90 days. Many applicants receive their cards within three months of submission.
Documents Required for H-4 EAD Application
To complete your H-4 EAD application, you will need the following:
- Proof of valid H-4 status (such as Form I-797 or Form I-94)
- Proof of marriage to the H-1B principal (marriage certificate)
- Documentation of eligibility (e.g., approved I-140, H-1B AC21 extension, passports, or Form I-129)
For assistance in verifying the documentation or ensuring your application is properly completed, reach out to Green Card Link. Its experienced immigration attorneys can guide you through every step of the filing process.
Economic and Social Impact of the H-4 EAD
The Department of Homeland Security (DHS) has emphasized that expanding H-4 employment authorization promotes economic growth and family stability. By allowing spouses of H-1B workers to contribute to the workforce, this policy helps retain global talent, reduce financial stress on families, and stimulate entrepreneurship within the U.S. economy.
It is estimated that roughly 97,000 H-4 visa holders could immediately benefit from this change, helping prevent many H-1B professionals from abandoning their permanent residency applications due to financial constraints faced by their families.
Key Benefits of the H-4 EAD
The H-4 EAD program offers numerous advantages for eligible applicants, including:
- The freedom to work full-time or part-time for any employer in any industry.
- The ability to start and operate a business in the United States.
- No requirement for a job offer prior to applying.
- No annual quota or cap, unlike other visa programs.
If you would like to learn more about the benefits and eligibility requirements of the H-4 EAD, you can schedule a confidential consultation with an immigration attorney at Green Card Link.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience assisting H-1B families with H-4 EAD applications. They can help you:
- Prepare and file Form I-765 correctly.
- Gather all necessary supporting evidence.
- Understand your eligibility and avoid common filing errors.
- Track your application progress and address any USCIS inquiries.
With years of experience in employment-based immigration, the immigration attorneys at Green Card Link are dedicated to helping clients secure work authorization and advance toward permanent residency with confidence and peace of mind.