Employment Authorization for Dependent Spouses with H-4 Visas

Employment Authorization for Dependent Spouses with H-4 Visas

U.S. Citizenship and Immigration Service (USCIS) gives H-4 status to an H-1B visa holder’s spouse and dependent children. An H-4 visa allows a spouse and children to live and attend school in the U.S., but it does not permit a spouse to work.

Some H-4 spouses may be eligible to get a work permit, or Employment Authorization Document (EAD).

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Eligibility Requirements

To apply for a work permit, H-4 visa holders must show his/her spouse has either:

An approved Form I-140, Immigrant Petition for Alien Worker or

Permission to remain in the U.S. with an H-1B nonimmigrant status beyond the six-year limit.

Application Process

To apply for a work permit, an H-4 spouse must:

01

Show H-4 status.

02

Provide a government-issued photo identification.

03

Show her/his H-4 dependent relationship to the H-1B nonimmigrant.

04

Submit photographs of the H-4 dependent for card production.

What Happens Next?

USCIS will notify you in writing of its decision. Once USCIS approves your EAD, you may start working in the U.S.

More Information

Fees

  • $410 filing fee for Form I-765 (Application for Employment Authorization)

Related Forms

  • Form I-765 (Application for Employment Authorization)

USCIS Processing Time

  • About 3 months

Immigrant Intent

  • You intend to live permanently in the U.S.

Who Qualifies

  • An H-4 visa holder whose spouse is a permanent resident in the U.S. or has an H-1B status beyond six years.

Period of Validity

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