The U.S. Department of Homeland Security (DHS) has introduced regulatory changes allowing certain H-4 dependent spouses of H-1B visa holders to apply for Employment Authorization Documents (EADs). This update, effective May 26, 2015, represents a major step toward expanding work rights for highly skilled immigrant families in the United States. However, not all H-4 dependents qualify. It is estimated that approximately 179,600 H-4 visa holders will benefit initially, with around 55,000 eligible each year thereafter.
Understanding H-4 EAD Eligibility
To qualify for an H-4 EAD, specific conditions must be met. The principal H-1B visa holder (the spouse) must:
- Be the beneficiary of an approved I-140 Immigrant Petition for Alien Worker, or
- Have extended their H-1B status beyond the standard six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21).
Unfortunately, not every dependent spouse qualifies under this rule. These eligibility conditions were designed to ensure that the benefits primarily extend to families on the path toward permanent residency.
The I-140 Petition Requirement
An approved I-140 petition can fall under any of the employment-based categories—EB-1, EB-2, or EB-3—and there are no restrictions regarding how long the petition must have been approved. Applicants should submit a copy of their I-140 approval notice along with other supporting documents when applying for their H-4 EAD.
One of the most attractive aspects of this rule is that the H-4 EAD offers unrestricted work authorization. Holders can work full-time or part-time, for any employer, in any field. However, it’s important to note that H-4 dependent minors are not eligible to apply for an EAD, even if they meet the age requirements for employment.
Step-by-Step: How to Apply for an H-4 EAD
Applying for an H-4 EAD is a straightforward process. Applicants must file Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS), along with the required documentation:
- Marriage certificate to prove spousal relationship to the H-1B visa holder
- Copy of the H-4 dependent’s I-94 arrival/departure record
- Copy of the H-4 visa holder’s passport
- Copy of the H-1B spouse’s I-94
- Copy of the H-1B spouse’s approved Form I-797 (H-1B approval notice)
Applicants must also include the $410 filing fee and $85 biometrics fee. Once approved, the EAD card is typically issued within 90 days. Many applicants can expect to receive their card within this time frame, though processing times can vary depending on USCIS workload and individual case circumstances.
To ensure accuracy and avoid delays, it is highly recommended to consult with an immigration attorney at Green Card Link, who can assist with the preparation and submission of your application.
Summary of H-4 EAD Requirements
To be eligible for an H-4 EAD, the H-1B principal must either:
- Have an approved I-140 petition, or
- Be granted H-1B status extensions under AC21 sections 106(a) and (b), which allow H-1B holders seeking permanent residency to remain in the United States beyond the six-year limit.
Adjudication Timeline and DHS Outlook
The Department of Homeland Security has emphasized that the H-4 EAD rule is expected to provide lasting benefits to both families and the U.S. economy. By offering work authorization to H-4 spouses, the rule encourages highly skilled foreign professionals to remain in the United States, ensuring stability for families and continuity for American employers.
According to USCIS, standard processing for H-4 EAD applications is approximately 90 days, although timelines can be longer for those applying concurrently for extensions or changes of status. Processing times vary by case, but the overall expectation is a streamlined and predictable adjudication process.
How the Immigration Attorneys at Green Card Link Can Help
At Green Card Link, our experienced immigration attorneys are dedicated to helping families navigate the complexities of H-1B and H-4 immigration processes. During your consultation, an attorney will review your specific situation, confirm your eligibility for the H-4 EAD, and assist in preparing and submitting all required documentation.
With extensive experience handling H-1B and employment authorization cases, the immigration attorneys at Green Card Link can ensure your application is accurate, complete, and filed promptly. Contact Green Card Link today to schedule your consultation and learn how you can benefit from the H-4 EAD rule.