U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling.
Visit our H-1B Visa page for more information on eligibility for the H-1B program.
Eligibility Requirements
You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers; or
- Has been granted H-1B status under sections 106(a) and (b) of AC21. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation.
How to Apply
You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence.
Carefully follow these steps to prevent your application from being rejected and returned to you:
- Complete Form I-765 using the Instructions for Form I-765 (PDF, 520.79 KB). USCIS will reject any application that is not accompanied by the proper filing fees or signature.
- If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. Follow the Form I-485 filing instructions to avoid processing delays.
- If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26).
- Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.
| Evidence of… | Can be shown by submitting… |
|---|
| Your H-4 status | - A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or
- A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay.
|
| A government-issued identification document with photo | - A copy of your last EAD (if any);
- A copy of the biometric page of your passport;
- A birth certificate with photo ID;
- A visa issued by a foreign consulate; or
- A national identity document with photo.
|
| Your relationship to the H-1B nonimmigrant | - A copy of your marriage certificate.
|
| Your basis for eligibility | - Evidence that the H-1B nonimmigrant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
- You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant;
OR - Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b).
- You may show this by submitting:
- A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and
- Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay.
- Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days before the period of admission authorized under AC21 106(a) and (b) begins. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If more than 180 days have passed since DOL certified the Permanent Labor Certification Application, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of such DOL certification;
OR - Based on a Pending Form I-140. Submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days before the period of admission authorized under AC21 106(a) and (b) begins. You may show this by submitting a copy of the Form I-797, Notice of Receipt, for Form I-140.
Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization. |
| Photos for card production | - Two identical two-by-two-inch passport-style color photographs of yourself
|
Translations
If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. The translator must also certify that they arecompetent to translate from the foreign language into English.
Form Filing Tips
When filing Form I-765, please mail it to the proper location based on the chart below.
| If you are submitting your Form I-765… | Then please file your application at… |
|---|
| As a standalone application because you are currently in H-4 status and do not need to extend your status | The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. |
| Together with Form I-539 seeking a change to or extension of H-4 status | The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. |
| Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself | The service center with jurisdiction over Form I-129. Please see our Direct Filing Addresses for Form I-129 web page for more information. |
For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together
Validity of Employment Authorization
You will not be authorized to work until USCIS approves your Form I-765. Once your employment authorization is approved, the expiration date on your Employment Authorization Document (Form I-766 EAD) should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. Generally, you are only authorized to work through the expiration date on your EAD. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. You cannot file for a renewal EAD more than 180 days before your original EAD expires
You may qualify for automatic extension of your existing employment authorization. See our Automatic Employment Authorization Document (EAD) Extension page for more information on this automatic extension.
Avoid Immigration Scams
Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams.
FAQs
Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States. H-4 spouses who do not meet the regulatory conditions described above, and H-4 children, are not eligible to apply for an EAD.
Can my spouse work on an H-4 visa? ›
You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.
Can an H-1B spouse work without I-140? ›
As an H-4 dependent spouse filing Form I-765, you need not have received an approved Form 1-140 or have been granted H-1B status under AC21 in order to enjoy the benefits of employment authorization. However, you must establish that your spouse is eligible for one of these provisions.
At what age can a dependent child get an EAD? ›
A: Children over age 16-18 and full-time students under age 24 may apply for an EAD, if they meet other eligibility requirements. Q. I have lost or never received my EAD card. Do I need to resubmit my application?
Can an H-4 dependent child get SSN? ›
H-4 dependents are subject to Social Security taxes. They are also subject to federal income taxes, and where applicable, state income taxes. An H-4 dependent will not be able to obtain a Social Security number unless in possession of an Employment Authorization Document (EAD).
Do I need to file I-765 for kids? ›
Asylee / Refugee and spouses and children
If you are granted asylum by USCIS once you're already in the United States, you and your family are eligible to work in the United States. Your work permit will be issued automatically, and you won't need to file an I-765.
What is the age limit for H-4 dependent? ›
Spouses of H-1B employees and unmarried children under 21 years of age are eligible for H-4 status. A child can no longer stay in the U.S. as an H-4 dependent once they turn 21. In order to remain in the U.S. , the child must change to a different nonimmigrant visa status ( e.g. , F-1 student, B-2 visitor).
Can a spouse work on a dependent visa in the USA? ›
Under the H4 visa, dependent children are not allowed to work in the USA, and only those H4 spouses who meet the eligibility requirements and have secured an Employment Authorization Document (EAD) are permitted to work.
Can an H-1B spouse get SSN? ›
Employment. Most H-4 dependents are not authorized to work in the U.S., and are not eligible for a social security number. There is a limited exception to this rule for certain H-4 dependent spouses of H-1B visa holders who are in the employment-based permanent residence process.
Can H-4 get EAD without I-140 approval? ›
The i140 category is not relevant for filing H4 EAD. All three employment-based i-140 categories EB1, EB2, and EB3 are eligible. You can file H4 EAD even if your H1B i140 is not approved yet using the AC21 rule by USCIS. This is possible when the H1B has already spent 6 years in the US but is waiting for PERM approval.
The current average processing time for an H-4 EAD is 4.25 months (for an EAD filed with an H4 Form I-539 change of status/extension) and 6.25 months for a standalone H4 EAD.
How long is H4 EAD valid for? ›
Your H-4 visa status is tied to your H-1B spouse's status. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six.
What is the new rule for EAD? ›
On April 4, 2024, USCIS published a temporary final rule that increased the automatic extension period for employment authorization or EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days.
Who is not eligible for EAD? ›
Foreign nationals who are inside the U.S. in the following statuses are not eligible to apply for EAD: Dependents of H, O, F, M, O, P, Q, and R visa holders. L-2 children of L-1 visa holders.
How do I change my H-4 dependent status? ›
To change to H-4 status from another status, the dependent must file Form I-539 (and Form I-539A , if necessary, for each additional co-applicant, such as dependent minor children) along with the correct fees and supporting materials to the US Citizenship and Immigration Service (USCIS).
Can H-1B dependent children work? ›
If the H-1B holder is on the path to getting a green card, their H-4 dependents might be able to work. They need to apply for something called an Employment Authorization Document (EAD). Getting this EAD is what allows them to work legally in the U.S. Applying for an EAD involves filling out a form and paying a fee.
Who is eligible for EAD? ›
After having been enrolled full-time in an approved school for at least nine months, alien students are eligible to apply for an EAD; F-1 students offered off-campus employment under the sponsorship of a qualifying international organization; F-1 student seeking off-campus employment due to severe economic hardship.
How long can kids stay on H-4? ›
H-4 dependents may study full-time or part-time in the U.S. The duration of their stay is dependent on their age (children "age out" when they turn 21 years old) and the H-1B scholar's maintenance of status and authorized period of stay.
Can H4 visa and EAD be applied together? ›
In your situation, it's typically advisable to apply for both the H4 extension and H4 EAD at the same time. This can streamline the process and ensure that both your H4 status and work authorization remain valid without any gaps.
