Understanding H-4 Visa EAD Eligibility and Application Process
Beginning May 26, 2015, the U.S. Citizenship and Immigration Services (USCIS) started accepting applications for Employment Authorization Documents (EAD) from eligible H-4 dependent spouses. This long-awaited update provided significant relief for thousands of families, allowing qualified H-4 visa holders to legally work and contribute to the U.S. economy.
At Green Card Link, our immigration attorneys regularly assist H-4 spouses in understanding their eligibility, compiling documentation, and navigating the EAD filing process. Below is a comprehensive overview based on official USCIS guidance and the practical experience of our immigration experts.
What Is the H-4 Visa?
The H-4 visa is a dependent visa category designed for the spouses and children of H-1B, H-2A, H-2B, and H-3 visa holders. Because this visa type is directly linked to the principal H visa holder’s status, any changes—such as an extension, transfer, termination, or revocation—can also affect all dependent H-4 holders.
While the H-4 visa allows family members to reside together in the United States, it did not originally permit spouses to work. The introduction of the H-4 EAD rule changed this, enabling certain H-4 spouses to obtain work authorization and pursue professional opportunities. However, specific eligibility requirements must be met before applying.
H-4 EAD Eligibility Criteria
To qualify for employment authorization under the H-4 visa, the principal H-1B worker must meet one of the following conditions:
- Have an approved Form I-140 (Immigrant Petition for Alien Worker); or
- Have been granted H-1B status extensions under Sections 106(a) and 106(b) of the American Competitiveness in the Twenty-First Century Act (AC21).
This law allows certain H-1B nonimmigrants to continue working in the U.S. while transitioning to lawful permanent residence.
For individuals unsure about their qualifications, consulting with an immigration attorney at Green Card Link can help determine eligibility and guide the application strategy.
Common Questions About the H-4 EAD
What is a C26 EAD?
The term C26 refers to the USCIS category code assigned to H-4 Employment Authorization Documents.
How much is the H-4 EAD application fee?
The filing fee for Form I-765 (EAD application) is $410. Applicants should verify the current fee on the USCIS website, as it is subject to change.
Can I apply for H-4 EAD more than once?
Yes. The H-4 EAD can be renewed indefinitely as long as the applicant continues to meet eligibility requirements. There is no numerical cap on H-4 EAD approvals.
Do I need to be in the U.S. to apply?
Yes. Applicants must maintain H-4 status and be physically present in the United States at the time of filing for EAD.
What if my spouse’s I-140 is revoked?
Eligibility for the H-4 EAD depends on your spouse maintaining an approved I-140 or an H-1B extension under AC21. If the I-140 is revoked, you will lose eligibility for renewal once your current EAD expires. However, your authorization remains valid until its expiration date.
If your spouse loses their H-1B job, there is a 60-day grace period to secure new employment and maintain valid status. After this period, both spouses would fall out of status, invalidating the EAD.
Does it matter which employer filed my spouse’s I-140?
No. USCIS only requires that an approved I-140 exists—it does not need to be filed by the current employer.
What if my spouse has advance parole?
H-4 EAD eligibility depends on your spouse maintaining valid H-1B status. If your spouse uses advance parole instead of H-1B status to re-enter the U.S., your H-4 status and EAD eligibility may be affected.
Is my H-4 EAD tied to a specific I-140 petition?
No. Your EAD is based on the existence of any approved I-140 under your spouse’s name, not a specific petition. If your spouse changes employers and obtains a new approved I-140, your eligibility continues.
How do I renew my H-4 EAD?
You can file Form I-765 up to 180 days before your current EAD expires, as long as your spouse still meets the eligibility criteria. USCIS typically grants a 180-day automatic extension if the renewal is filed on time.
What if my EAD card is lost or damaged?
If your EAD card is lost, stolen, or damaged, file a new Form I-765 with the appropriate filing fee to obtain a replacement.
The H-4 Visa Interview
Before applying for an EAD, applicants must first obtain H-4 visa status, which may require an interview if applying from outside the U.S. The interview’s purpose is to verify the legitimacy of your relationship with the H-1B spouse.
Typical interview questions may include:
- How long have you and your spouse been married?
- Where will you reside in the United States?
- What does your spouse do for work?
- Do you intend to work while in the U.S.?
Honesty is critical during this interview. Providing false or misleading information can result in serious immigration consequences. If you have concerns or wish to prepare effectively, the immigration attorneys at Green Card Link can help you understand what to expect and guide you through the process.
Expert Guidance from Green Card Link
The immigration attorneys at Green Card Link have extensive experience assisting H-4 visa holders with EAD applications, renewals, and compliance with USCIS requirements. Whether you’re applying for the first time or seeking renewal, professional guidance ensures accuracy, timeliness, and peace of mind.
Contact Green Card Link today to schedule a consultation and learn how we can help you secure your H-4 Employment Authorization and take the next step toward your professional future in the United States.
Can I Work Anywhere After Receiving My H-4 Employment Authorization?
Yes. One of the greatest benefits of obtaining H-4 Employment Authorization (EAD) is the flexibility it provides. Once you receive your EAD, you can work for any employer in the United States without restrictions—or even become self-employed. This open work authorization allows you to pursue a career, launch your own business, or engage in freelance opportunities without being tied to a single sponsor.
How Long Is the H-4 EAD Valid?
Generally, the H-4 EAD validity period matches the duration of your H-4 visa status. Because your H-4 status is directly dependent on your spouse’s H-1B visa, the validity of your EAD will typically extend as long as your spouse’s visa remains active. An initial H-1B is valid for up to three years and can be renewed for a maximum of six years. When your spouse renews their H-1B, you must also renew your H-4 and EAD to continue working lawfully.
Understanding the H-4 EAD Processing Timeline
The H-4 EAD timeline begins once your spouse secures their H-1B visa. Several factors influence processing time, such as whether your spouse’s H-1B petition is cap-subject or cap-exempt, whether premium processing is used, and how busy the USCIS service center is at that time. For the latest updates, you can review current USCIS processing times for H-4 EAD applications online.
Can I Start My Own Business and Hire Employees?
Yes. The H-4 EAD offers complete freedom for self-employment, meaning you can start and operate your own business in the United States. You are not limited to working for others—you can also employ staff and manage a company. However, before launching your business or hiring employees, it’s strongly recommended to consult with an immigration attorney at Green Card Link to ensure compliance with all immigration and labor regulations. This precaution helps protect your visa status and avoid potential legal complications.
Can I File the H-1B, H-4 Change of Status, and EAD Applications Together?
Yes, you can file Form I-765 (EAD Application) together with Form I-539 (Change of Status) and Form I-129 (H-1B Petition). However, when applying to extend your non-immigrant status, the H-1B petition (Form I-129) must be filed no more than six months before the intended start date of employment. Keep in mind that USCIS will not process your I-765 until they confirm your spouse’s eligibility for H-1B status.
What Documents Are Required to Prove H-4 EAD Eligibility?
To establish eligibility for an H-4 EAD, you must provide supporting documentation, which generally includes:
- Proof of valid H-4 nonimmigrant status
- Evidence of a bona fide marriage (e.g., marriage certificate)
- A copy of the H-4 holder’s I-94 record
- Copies of passports for both spouses
- A copy of your H-1B spouse’s I-94 record
- The H-1B approval notice for your spouse
For more detailed guidance on required evidence, you can consult the immigration attorneys at Green Card Link, who can review your case and ensure all documentation meets USCIS standards.
What Are the H-4 EAD Application Fees?
Applying for an H-4 EAD involves a few government filing fees:
- H-4 visa fee: $190 (DS-160 Form)
- EAD application fee: $410 (Form I-765)
- Biometrics appointment fee: $85
In total, the H-4 EAD application cost comes to $495. It’s important to note that these fees are subject to change, so always verify current rates before submitting your application.
At Green Card Link, our dedicated immigration attorneys are experienced in guiding H-4 visa holders through every step of the EAD application process—from document preparation to timely renewal. Whether you’re seeking to work for a U.S. employer, start a new venture, or transition your immigration status, our team ensures your application is accurate, complete, and fully compliant with U.S. immigration law.
H-4 EAD Frequently Asked Questions
Q: Is my H-1B employer responsible for H-4 EAD fees?
No. You are personally responsible for covering all H-4 visa and EAD filing fees. Neither your employer nor your spouse’s employer is required to pay these costs, though they may choose to do so voluntarily.
Q: Do I have to prove that my EAD is based on economic necessity?
No. USCIS does not require you to demonstrate that your employment authorization is financially necessary. You are eligible to apply for an H-4 EAD without showing economic hardship.
Q: What is the average H-4 EAD processing time?
Processing times vary depending on the USCIS service center handling your application. On average, H-4 EAD approvals take approximately 90 days (around 3 months). However, your case may take longer if the service center has a backlog or if USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Q: Is premium processing available for the H-4 EAD?
Currently, premium processing is not offered for Form I-765, which is used to apply for the H-4 EAD. Premium processing is only available for petitions such as Form I-129 (H-1B) or Form I-140 (employment-based green card).
In exceptional circumstances, USCIS may approve an expedited processing request if you can demonstrate urgent humanitarian or financial hardship.
Q: Will my H-4 EAD validity start date be backdated?
No. USCIS will not backdate your Employment Authorization Document (EAD) to match the beginning of your H-4 status. The EAD validity begins on the date USCIS approves Form I-765 or the date you acquire H-4 status, whichever is later. The expiration date will align with the end of your H-4 status.
Q: Can I expedite my H-4 EAD processing?
Yes, but only under limited circumstances. You may request expedited processing if you can prove a severe financial loss, urgent humanitarian reason, or other qualifying emergency. Your immigration attorney at Green Card Link can help prepare a strong expedited request with supporting documentation.
Q: After approval, how long does it take to receive my physical EAD card?
Once approved, it usually takes 7 to 10 business days for USCIS to print and mail your EAD card. You can track your case online, where the status will change to “Card Sent for Printing.”
Q: Can I start working with an ITIN if I have an approved H-4 EAD but no Social Security Number (SSN)?
No. You cannot work using an ITIN. You must wait to receive your Social Security card, which typically arrives within 5–6 weeks after applying.
Q: Can I work if my H-4 EAD has expired but a renewal is pending?
No. The H-4 EAD (category C26) is not eligible for the 180-day automatic extension available to certain other EAD categories. You must have a valid, physical EAD card to work legally under I-9 compliance rules.
Q: How long does a Request for Evidence (RFE) delay my case?
An RFE can add several weeks or months to your case timeline. It’s important to respond promptly and accurately. At Green Card Link, our immigration attorneys can assist you in preparing a comprehensive RFE response to avoid further delays.
Q: Can I use my EAD card to enter or leave the United States?
No. The EAD only authorizes employment—it is not a travel document. To reenter the U.S., you must have a valid H-4 visa or other appropriate travel documentation along with your passport.
Q: Is there a cap on the number of H-4 EADs issued each year?
No. Unlike the H-1B visa, there is no annual limit on the number of H-4 EADs. Eligible applicants can apply year-round without concern about reaching a quota.
Q: Can I travel while my H-4 EAD application is pending?
While international travel is not strictly prohibited, it is not recommended until your EAD has been approved. If USCIS issues a request for information while you are abroad, failure to respond may result in your application being considered abandoned.
Q: Do I need to be in the U.S. to apply for an H-4 EAD?
Yes. You must already be in the United States with valid H-4 status before applying for an EAD. The EAD is a separate application from your H-4 visa, and both must be approved for you to work legally.
Q: Can I get a green card while on an H-4 EAD?
Yes. The H-4 visa is a dual-intent visa, meaning you can pursue a green card without affecting your current status.
Here are the main pathways:
- If your H-1B spouse has an approved I-140, you may later qualify for a family-based (F2A) green card.
- If your spouse becomes a U.S. citizen, they can sponsor you for a marriage-based green card.
- You can independently apply for an employment-based green card (EB-1, EB-2, or EB-3) if you qualify.
- EB-1: For individuals with extraordinary ability, outstanding professors/researchers, or multinational executives.
- EB-2: For professionals with advanced degrees or exceptional ability (self-petition possible with a National Interest Waiver).
- EB-3: For skilled or unskilled workers filling permanent roles.
- Alternatively, investors may qualify for an EB-5 green card by investing $900,000–$1.8 million in a U.S. business.
Q: What if I previously had an EAD through another visa type?
Even if you held work authorization under a different visa—such as O-1, E-2, or L-2—you must apply for a new EAD once you switch to H-4 status. Employment authorization does not automatically transfer between visa categories.
Alternatives to the H-4 EAD
While the H-4 EAD is an excellent opportunity for dependent spouses, its future has faced administrative review. Should eligibility rules change, several alternatives exist:
- You may qualify for your own work visa, such as the H-1B, O-1, or (for Canadian/Mexican nationals) TN visa.
- Your spouse might change to a visa category that permits dependent employment, such as O or E class visas.
Changing status, however, can be complex—especially if there’s an active I-140 petition. It’s best to consult with an immigration attorney at Green Card Link to assess your options.
How Green Card Link Can Help
At Green Card Link, our experienced immigration attorneys have successfully helped countless clients obtain H-4 EAD approval and employment authorization. We provide end-to-end support—from eligibility evaluation to form filing, RFE response, and case tracking.
Our attorneys are also skilled in handling H-1B and employment-based green card petitions, ensuring a coordinated approach for you and your spouse.
If you’re ready to start your H-4 EAD journey, schedule a consultation today with one of our immigration attorneys at Green Card Link to receive expert guidance and personalized legal support.