H4 EAD, explained
In this comprehensive guide, we explain what is an H4 EAD, walk you through H4 EAD processing times, eligibility requirements, and offer useful lawyer tips on preparing your H4 EAD application.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
10 min read • Sep 07, 2024
Key takeaways
The H4 EAD allows some spouses of H-1B visa holders to get work authorization in the U.S.
To qualify for an H4 EAD, your H-1B spouse needs an approved I-140 petition or must have held an H-1B visa for over 6 years. You must be in valid H4 status and currently be in the U.S.
The H4 EAD application takes 6-8 months from submission to receiving your Employment Authorization card.
You can apply for an H4 EAD extension to keep your work authorization active. Plus, if you apply before your current EAD expires, you might get an automatic extension to avoid any work gaps.
Our immigration lawyers at Manifest Law can guide you through preparing an H4 EAD application.
If you're the spouse of an H1B visa holder, the an Employment Authorization Document (EAD) can significantly enhance your career opportunities in the U.S. With this work permit, you can explore job roles across all sectors, start your own business, or contribute to your family’s income – without needing a Labor Condition Application (LCA) or employer sponsorship. There's no cap on the number of EADs issued, so you can also renew it as long as your spouse remains on an H1B visa.
In this comprehensive guide, we’ll walk you through the benefits of the H4 EAD, eligibility requirements, the application process, necessary documents, H4 EAD processing times, costs, and more.
The H4 EAD is a work permit that allows the spouses of qualifying H-1B visa holders to get an employment authorization in the US.
If your spouse is on an H-1B visa (often used by tech workers, engineers, and other professionals) and waiting to apply for a green card, the H4 EAD gives you the freedom to find a job, start your own business, or simply find employment.
To be eligible for the H4 EAD, the H1B visa holder must either (i) have an approved I-140 or (ii) be eligible for H-1B status beyond the standard six-year limit due to certain conditions being met in the green card process.
With an H4 EAD, you can work for any employer, switch jobs freely, or even start your own company—giving you the flexibility and opportunity to make the most of your time in the U.S.
Gives Spouses the Freedom to Work: The H4 EAD gives spouses the legal right to find a job, start a business, or work in any field they choose.
Supports Family Income: The H4 EAD allows spouses to contribute financially, making it easier for families to cover expenses, save for the future, and improve their overall quality of life.
Empowers Personal and Professional Growth: For many H4 visa holders, the ability to work isn’t just about money– it’s about independence and self-fulfillment. The H4 EAD helps spouses use their skills, build their careers, and feel more integrated and valued while living in the U.S.
Retains Skilled Talent in the U.S.: Allowing spouses to work makes it more appealing for skilled H-1B professionals to stay in the U.S. long-term. It helps companies keep valuable talent, supports a more diverse workforce, and strengthens the overall economy.
Who Is Eligible for the H4 EAD?
Eligibility Requirement
Spouse of an H-1B Visa Holder
H-1B Visa Holder’s Status
Valid H4 Visa Status
Residing in the U.S.
Conditions
The H4 EAD is specifically for spouses of H-1B visa holders. Unfortunately, children on H4 visas do not qualify for the EAD.
The H-1B visa holder (your spouse) must meet one of the following conditions:
Approved I-140 Petition: Your H-1B spouse must have an approved I-140 form, which is a step in the green card process.
H-1B Extension Beyond Six Years: If your spouse’s H-1B status has been extended beyond the standard six-year limit due to ongoing green card processing (“AC-21 extension”), you may be eligible.
You, as the spouse, must be in valid H4 visa status at the time of applying for the EAD. This means your H4 status needs to be active, not expired.
You need to be physically present in the United States when applying for the H4 EAD.
H4 EAD Application Benefits
Step 1: Confirm Your Eligibility
Step 2: Gather Necessary Documents
Step 3: Complete Form I-765
Step 4: Pay the Application Fee
Step 5: Submit Your H4 EAD Application
Mail Your Application: Once you’ve completed Form I-765 and gathered all necessary documents, mail them to the address provided in the form’s instructions.
Step 6: Wait for Your EAD
After you submit your application, USCIS will process it and send you a receipt notice. This notice confirms that your application is being reviewed. Processing times can vary, so keep an eye on the USCIS website for updates.
Step 7: Receive Your EAD
If your application is approved, you’ll receive your H4 EAD card in the mail. Once you have it, you’re legally allowed to start working!
If you need help with the H4 EAD application process, our team of immigration lawyers at Manifest Law is here to assist you. From gathering and reviewing essential documents to completing and submitting Form I-765 accurately, we handle every detail with care.
Book a free consultation today to learn more.
Form I-765 (Application for Employment Authorization): This is the main application form for the H4 EAD.
Copy of Your H4 Approval Notice: This is proof that you hold H4 status. It typically comes as a Form I-797 (Notice of Action) from USCIS.
Copy of Your H4 Visa and Passport: Provide a copy of your visa stamp in your passport and the biographical page of your passport to verify your identity and current status.
Proof of H-1B Spouse’s Status: Include a copy of your spouse’s H-1B visa approval notice (Form I-797) or their H-1B petition.
Copy of Approved Form I-140 or Proof of H-1B Extension: If your spouse has an approved Form I-140 (Immigrant Petition for Alien Worker), provide a copy. If their H-1B status has been extended beyond six years due to ongoing green card processing, include supporting documentation for that as well.
Marriage Certificate: This document proves your relationship with the H-1B visa holder. It should be a copy of your official marriage certificate.
Form I-94 (Arrival/Departure Record): This document shows your most recent entry into the U.S. and your current visa status. You can obtain it from the U.S. Customs and Border Protection website.
Two Passport-Sized Photos: These photos are used for your EAD card. They must meet specific USCIS photo requirements, including size and background color (keep reading for the requirements).
Copy of Previous EAD (if applicable): If you have previously been issued an EAD (for example, if you’re renewing), include a copy.
Application Fee: Include a check or money order for the application fee, made payable to “U.S. Department of Homeland Security.” As of 2024, the H4 EAD application fee is $520 if submitted by mail, and $470 if submitted online. Make sure to confirm with the USCIS website, as fee amounts can change.
Cover Letter (Optional): A cover letter is not required but can help organize your application. It should list the documents included and explain the purpose of your application.
Size and Dimensions
Background
Face and Expression
Clothing
Image Quality and Resolution
Head Position
Your photos should be 2 inches by 2 inches (51 mm x 51 mm). This is the standard size for U.S. immigration photos.
The background must be plain white or off-white. Make sure there are no shadows or patterns behind you.
Your face should be fully visible, with a neutral expression. Keep your eyes open and mouth closed, and avoid smiling. The photo should show your entire face from the top of your head to the bottom of your chin.
Wear normal everyday clothing. Avoid uniforms or anything that blends into the background. Your clothes should contrast with the background to make sure you stand out.
The photo must be clear, in color, and of high quality. It should be neither blurry nor overexposed.
Your head should be centered and straight, not tilted up or down.
Under the Edakunni Settlement (January 2023), USCIS has agreed to speed up the processing of H4 and H4 EAD applications by reviewing them simultaneously with the principal H1B petition, but only if the H4 and H4 EAD applications were filed concurrently with the H1B petition. This change is significant for H4 visa holders, as it reduces the wait time for both the H4 visa approval and the H4 EAD, allowing them to obtain work authorization more quickly.
However, it's important to note that if your H4 EAD application was filed separately or after the principal H1B petition, this settlement does not apply to you, meaning that your H4 EAD processing times will follow the standard procedures, which could result in longer wait time.
The Edakunni Settlement is for those who filed all their paperwork together, ensuring that H4 visa holders can obtain their EAD and begin working sooner without being stuck in long processing backlogs of USCIS.
You may be wondering if it’s possible to get an automatic extension for your H4 EAD. The good news is, you might be able to benefit from an automatic extension of your current EAD while you wait for your new one.
Here’s how it works: When you apply to extend your H4 EAD, USCIS often provides an automatic extension for up to 180 days beyond your current EAD’s expiration date. This means that if you file your extension application before your current EAD expires, you can continue working without any gaps in your employment.
To make use of this automatic extension, ensure you submit your renewal application on time (before the current card expires). USCIS will send you a receipt notice confirming that they’ve received your application. This notice, along with your expired EAD, can serve as proof that you’re authorized to keep working during the processing period.
If you have any questions or need assistance, don’t hesitate to reach out to an immigration lawyer for support. Our team at Manifest Law is here for you – book a free consultation now.
At Manifest Law, we’re committed to making your H4 EAD process as smooth and stress-free as possible. Our experienced immigration lawyers will guide you through every step, from verifying your eligibility to ensuring your application is filled out accurately.
You can trust us to handle every detail of your work authorization process, keeping everything on track and hassle-free. Contact us today to book a free consultation and discover how we can assist you with your H4 EAD needs.
How long is the H4 EAD valid?
The H4 EAD (Employment Authorization Document) is typically valid for up to two years, matching the validity period of your spouse’s H-1B visa. When you apply for an extension, your new EAD will also be valid for up to two years, provided your spouse’s H-1B status is extended.
Always make sure to keep track of the expiration dates to ensure you apply for renewals on time.
Which is better, the H4 EAD or H-1B?
The choice between an H4 EAD and an H-1B visa depends on your career goals and work needs. The H4 EAD allows spouses of H-1B visa holders to work without needing a separate work visa, which can be ideal if you want flexibility and are not seeking a specific employer or job type.
On the other hand, the H-1B is a specialized visa for specific job roles and offers a path to potential green card sponsorship. If you are looking for a role in a specialized field or planning to stay long-term without depending on your spouse’s status, the H-1B might be the better choice.
Can I apply for a green card if I hold an H4 EAD?
Yes, you can apply for a green card while holding an H4 EAD. The EAD itself does not impact your ability to pursue permanent residency. If you meet the eligibility criteria and follow the green card application process, you can apply for one while working on your H4 EAD.
We recommend consulting with an immigration lawyer to navigate this process since it can be complex.
Can I do any work on an H4 EAD?
Yes, you can work in any job or occupation with an H4 EAD, as long as it’s legal under U.S. employment laws. The EAD provides the flexibility to pursue different career opportunities, start your own business, or work for multiple employers. It’s designed to give you the freedom to work without restrictions, unlike other visa types that might limit your job options.
What will happen to my H4 EAD if I change employers?
Changing employers doesn’t affect your H4 EAD. You don’t need to notify USCIS of a job change, but make sure your new job complies with any conditions of your EAD.
If there’s any change in your spouse’s H-1B status or if you’re unsure about your work status, it’s a good idea to consult with an immigration lawyer to ensure everything remains in order.
Can I apply for an H4 EAD outside the US?
No, you can’t apply for an H4 EAD while outside the U.S. You must be in the U.S. to apply for the H4 EAD.
If you’re currently abroad, you’ll need to enter the U.S. on an H4 visa first, and then you can apply for the EAD once you’re here.
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