Can H-4 Visa Holders Apply for an EAD (Work Permit)?
✅ Yes, but only if they meet specific eligibility criteria.
H-4 visa holders (dependents of H-1B visa holders) can apply for an Employment Authorization Document (EAD) only if the H-1B primary visa holder meets one of the following conditions:
Who is Eligible for H-4 EAD?
To apply for a work permit, the H-1B visa holder (spouse/parent) must:
1️⃣ Have an approved Form I-140 (Green Card Petition) OR
2️⃣ Have received H-1B status extensions beyond the 6-year limit under the AC21 rule (because of a pending Green Card process).
How to Apply for H-4 EAD?
📌 Step 1: Check Eligibility – Confirm that the H-1B holder meets the requirements (I-140 approval or H-1B extension beyond 6 years).
📌 Step 2: File Form I-765 – Submit Form I-765 (Application for Employment Authorization) to USCIS along with:
- ✅ Copy of H-4 visa approval (Form I-797) or I-94
- ✅ Copy of H-1B spouse’s I-140 approval notice (if applicable)
- ✅ Copy of H-1B spouse’s I-94 and pay stubs as proof of valid status
- ✅ Passport photos & filing fee ($410 as of 2024)📌 Step 3: Wait for Processing – USCIS typically takes 3-6 months to process H-4 EAD applications.
Important Notes:
🔹 Not all H-4 visa holders qualify—only those with an H-1B spouse who meets the criteria.
🔹 EAD allows unrestricted work—H-4 visa holders can work full-time, part-time, or even start a business once they have the approved EAD.
🔹 Processing times vary—Delays are common, so apply early!
💡 Need help applying? Consult a U.S. immigration attorney for guidance.
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