H-4 Employment Authorization Document (H-4 EAD)

What is Employment Authorization for H-4?

H-4 Employment Authorization are work permits that have been granted to the H-4 spouses of H-1B holders. The reason for this is because most H-4 spouses of H-1B visa holders are graduates who possess high skill level.

Who Qualifies?

In order to qualify for this type of work authorization, you must first obtain H-4 status. Not every spouse with an H-4 visa may be permitted to obtain employment authorization. In order to qualify, you must be considered a specialized worker. The reason for this is the whole EAD program was initiated in order to bring more skilled foreign workers to the US.

What Documents are required when Filing for H-4 Employment Authorization?

The process for filing for EAD is very straight forward. If you are an H-4 dependent spouse, you must file Form I-765, which is an Application for Employment Authorization. In addition to submitting this form you must also submit supporting evidence which consists of:

  • Your most recent I-94 information page;
  • Your H-4 approval notice;
  • Copy of your marriage certificate to your H-1B spouse;
  • Copy of your and your spouse’s passports;
  • Your spouses I-140 approval notice;
  • Your spouse’s most recent approval notice for Form I-129;
  • Copy of your spouse’s I-94 information page;
  • Copy of your spouse’s three most recent pay stubs; and
  • If you have ever had an EAD card, a copy of your previously approved EAD card.

After submitting the above mentioned documents, in addition to a $380 fee, you will receive a Form I-766, Employment Authorization Document (EAD).

Interesting Fact

Obtaining an EAD on an H-4 is a new program that went into effect on May 26, 2015. With this new initiative, it is estimated that 179,000 H-4 visa holders will obtain a work permit.

Attorney Role

When filing for an EAD card, it is important to contact an immigration attorney. A knowledgeable immigration attorney will be able to assist you in filing the correct documents as to ensure that your application process goes as smoothly as possible.

Contact Us

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