How to Apply for EAD as an H-4 Dependent

What is an H-4 visa?

H-4 dependent is an individual who is eligible to accompany an H-1B visa holder as their spouse or child under the age of 21. 

The H-1B visa is an employment visa that allows foreign workers with specialized skills and knowledge to work in the U.S. for a temporary period, typically for up to six years.

The H-4 visa is for the immediate family members of H-1B visa holders, which includes:

• Spouse (H-4 Spouse): The spouse of the H-1B visa holder.
• Children (H-4 Children): Unmarried children under the age of 21 of the H-1B visa holder.

H-4 dependents can enter and live in the U.S. for the same duration as the primary H-1B visa holder’s authorized stay. 

However, H-4 visa holders are not allowed to work in the United States, with certain exceptions. 

H-4 spouses are eligible to apply for Employment Authorization Document (EAD) only if their H-1B spouse meets specific criteria, including:

• H-1B visa holder is a beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under AC21 §§ 106(a) and (b).

AC21 § 106(a): This provision allows H-1B visa holders to change employers or accept new job offers without having the new employer file a new H-1B petition. 

AC21 § 106(b): This provision primarily addresses employment-based green card applicants who are waiting for their green cards to be approved and have already been waiting for a significant amount of time.

How to apply for an Employment Authorization Document (EAD) as an H-4 dependent?

How to apply for an EAD as an H-4 dependent:

Step 1. Determine Eligibility:

• You must be an H-4 dependent spouse of an H-1B nonimmigrant visa holder.
• Your H-1B spouse should have an approved I-140 petition, or
• Your H-1B spouse has been granted H-1B status under AC21 §§ 106(a) and (b) – see above.

Step 2. Complete Form I-765:

• You will need to fill out USCIS Form I-765, Application for Employment Authorization. Download the most recent version of this form from the USCIS website. Check if online filing of Form I-765 becomes available for your category. The Form I-765 must be signed and dated. If USCIS receives an outdated edition of Form I-765, your application will be denied.

Step 3. Gather Required Documentation:

Step 4: Submit the Application:

• If USCIS allows online filings of Form I-765 for your category (c)(26), you can file the application online.
• If an online option isn’t available or you prefer to submit the application by mail, you must send the completed Form I-765, supporting documents, and the filing fee to the correct I-765 filing addresses. Choose your category – “Employment-based nonimmigrants” – (c)(26) – H-4 spouse of an H-1B nonimmigrant – and choose the correct mailing address. Save a copy of the application filed for your records.

Step 5: Receive Receipt Notice:

• USCIS will send you a receipt notice to confirm they have received your application. This notice will include a receipt number that you can use to track the status of your application online. Some applicants receive instructions on creating an online USCIS account for your I-765 application. We recommend you to create an account which allow you to download all notices electronically and track the status of your application online.

Step 6. Attend Biometrics Appointment:

• USCIS will schedule biometrics appointment for you, where they will take your fingerprints and photograph. Attend the appointment as scheduled. Failure to attend the appointment will result in denial of your I-765 application.

Step 7. Wait for EAD Approval:

• Processing times for EADs can vary. You can check the USCIS website for current processing time estimates. Once your application is approved, USCIS will send you the EAD card by mail. 

Step 8. Begin Employment:

• You can start working in the United States once you receive your EAD card. Your employment is typically authorized for the same duration as your H-4 status. You can use the original EAD card to apply for a Social Security Number (if you were never issued one before). If you were previously issued a Social Security Number (SSN), you can continue using it along with a valid EAD.

When can an H-4 dependent apply for EAD?

H-4 spouses are eligible to apply for Employment Authorization Document (EAD) only if their H-1B spouse meets specific criteria, including:

• H-1B visa holder is a beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under AC21 §§ 106(a) and (b).

AC21 § 106(a): This provision allows H-1B visa holders to change employers or accept new job offers without having the new employer file a new H-1B petition. 

AC21 § 106(b): This provision primarily addresses employment-based green card applicants who are waiting for their green cards to be approved and have already been waiting for a significant amount of time.

H-4 EAD filing fees

The H-4 filing fees for Form I-765, Application for Employment Authorization, are as follows:

• Form I-765 Fee: $410

USCIS fees are subject to change. USCIS adjusts its fees periodically, so it’s crucial to check the most up-to-date I-765 fee information on the USCIS website.

H-4 EAD checklist of required documents

Here is a general checklist of documents that may be required when filing Form I-765 (submit photocopies only):

Which category should I choose on Form I-765 as H-4 dependent?

The correct category is (c)(26) –  spouse of an H-1B Nonimmigrant.

Where to send H-4 EAD applications?

Completed Form I-765, supporting documents, and the filing fee must be mailed to the correct I-765 filing addresses:

• Choose your category – “Employment-based nonimmigrants” – (c)(26) – H-4 spouse of an H-1B nonimmigrant; and 
• Choose the correct mailing address

H-4 EAD processing times 

It can take anywhere from 3 months to 4 months to process your EAD application. You can check the most current processing times on the USCIS website:

• Go to Processing Times 
• In the “Form” field choose Form I-765
• In the “Form Category” choose “Based on being an H-2 spouse of an H-1B nonimmigrant”
• In the “Field Office or Service Center” choose your service center (you can find it in the lower left corner of your Form I-765 receipt notice)

How long will my H-4 EAD be valid for?

Your H-4 EAD is typically authorized for the same duration as your H-4 status.

How to renew my H-4 EAD?

To renew your H-4 Employment Authorization Document (EAD), you’ll need to take the following steps:

• Check Eligibility:

• • • Make sure you are still eligible for H-4 EAD renewal. You are eligible if you are the dependent spouse of an H-1B nonimmigrant visa holder and that H-1B holder is either a beneficiary of an approved Form I-140 or has been granted H-1B status under AC21 §§ 106(a) and (b).

• Timing:

• • • You can apply for the renewal of your H-4 EAD up to 180 days before your current EAD expires. 

• Required Documents:

• • • Completed, signed and dated Form I-765, Application for Employment Authorization.
    • A copy of your current H-4 EAD, both front and back.
    • A copy of your H-4 visa approval notice (Form I-797), or your spouse’s H-1B approval notice.
    • Two identical color US passport-sized photographs
    • A copy of your I-94 arrival/departure record, which can be printed from the U.S. Customs and Border Protection (CBP) website.
    • A check or money order for the filing fee of $410 (check the USCIS website for the most current I-765 fee information).
    • Proof that your H-1B spouse is a beneficiary of an approved Form I-140 or has been granted H-1B status under AC21 §§ 106(a) and (b).

• Mailing:

• • • Mail your complete application package, including the application form, supporting documents, and the filing fee, to the appropriate USCIS I-765 filing address. 

• Biometrics Appointment:

• • • If USCIS requires biometrics, you will be scheduled for a biometrics appointment to capture your fingerprints, photograph, and signature. Sometimes USCIS can reuse the previously submitted biometrics (you will not be required to appear for biometric appointment).

• USCIS Processing:

• • • USCIS will process your application. You can check the status of your application on the USCIS website.

• Receive EAD Card:

• • Once your application is approved, you will receive a new H-4 EAD card, which will be valid for a specific period.

Related Links:

H-4 Visa, Dependents of H-1B Worker

H-1B Visas

How to Apply for H-1B

I-765 Form – How to Get a Work Permit and Social Security Number (SSN)

Form I-765 Instructions, How to Apply for EAD