An H-4 visa holder can work in the United States only if they are an eligible H-4 spouse with an approved H-4 EAD. H-4 status by itself does not include work authorization.
This guide is for H-4 dependents and H-1B families asking: Can H-4 visa holders work in the USA, who qualifies, and what steps are required.
Eligibility varies based on the H-1B principal’s status and immigration stage. Immigration rules and USCIS processing practices can change, so always confirm current guidance before filing.
What Is an H-4 Visa?
An H-4 visa is a dependent nonimmigrant status for certain family members of an H-1B worker. It generally covers spouses and unmarried children under 21.
H-4 status is tied to the H-1B principal’s valid status and authorized stay, meaning the dependent’s ability to remain in the U.S. typically depends on the principal maintaining H-1B status. H-4 status allows residence as a dependent, but it does not automatically allow employment.
Can All H-4 Visa Holders Work in the USA?
No. Only certain H-4 spouses can work, and only after receiving an EAD.
- ❌ H-4 children: cannot work
- ❌ H-4 spouses without an EAD: cannot work, including paid freelancing
- ✅ Eligible H-4 spouses with an EAD: can work while the EAD is valid
The key difference is simple: status is not work authorization.
What Is an H-4 EAD and Why Is It Required?
An H-4 EAD is an Employment Authorization Document issued by USCIS that allows certain H-4 spouses to work legally in the United States. It is proof of employment permission.
H-4 status alone is permission to stay as a dependent. Work permission is separate, so USCIS must approve it before paid work can begin. Without an EAD, an H-4 spouse generally cannot accept paid employment even if an employer is ready to hire.
H-4 EAD Eligibility Requirements (Critical Section)
H-4 EAD eligibility depends on the applicant being an H-4 spouse and the H-1B principal meeting specific requirements related to long-term status or the green card process.
Relationship Requirement
The applicant must be the spouse of an H-1B holder in valid status. H-4 children do not qualify for an H-4 EAD.
H-1B Principal Status Requirement
The H-1B principal must have an approved Form I-140, or have an H-1B extension beyond the standard time limit under AC21 rules. These conditions typically support the H-4 spouse’s eligibility.
Who Is Not Eligible
H-4 children are not eligible for an H-4 EAD. H-4 spouses are not eligible if the H-1B principal does not meet the I-140 or AC21-related criteria.
How to Apply for an H-4 EAD
An eligible H-4 spouse applies through USCIS and submits evidence showing eligibility.
Steps (condensed):
- File Form I-765 with USCIS.
- Submit required documents, commonly proof of H-4 status, proof of marriage, and proof of the H-1B principal meets eligibility (approved I-140 or AC21 extension evidence).
- Pay the USCIS fee required for the category at the time of filing.
- Attend biometrics if USCIS requires it.
- Wait for a decision and start work only after the EAD is approved and received.
This is a work authorization filing, not a visa interview or visa issuance process.
What Jobs Can an H-4 Visa Holder Do with an EAD?
With a valid H-4 EAD, an eligible H-4 spouse can generally work in any lawful job in the United States. The EAD typically offers broad flexibility.
Common options include:
- Full-time or part-time work
- Working for any employer and changing employers
- Holding more than one job
- Self-employment and independent contracting
- Starting or owning a business, if all other legal rules are followed
An EAD usually does not require the spouse’s employer to sponsor a separate work visa.
What H-4 Visa Holders Cannot Do Without an EAD
Without an EAD, an H-4 spouse generally cannot legally work for pay in the United States.
Examples:
- Cannot accept paid employment from a U.S. employer
- Cannot do paid freelancing, contracting, or gig work
- Cannot run a business where the H-4 holder performs paid services
- Cannot obtain a Social Security Number for employment based on H-4 status alone
Unauthorized work can create immigration issues, so it helps to treat “paid work” broadly.
H-4 EAD Validity, Renewal, and Limitations
An H-4 EAD is valid only for the dates approved by USCIS and is tied to maintaining H-4 status. Validity length varies by case.
Key points:
- Renew before expiration if you want to keep working.
- Processing times vary, so early filing can reduce gaps.
- Premium processing is generally not available for H-4 EAD filings.
- If the EAD expires, work typically must stop until a new valid EAD is received.
Because eligibility depends on the H-1B principal meeting qualifying conditions, changes in the principal’s status can affect renewal eligibility.
Is It Worth Applying for an H-4 EAD?
It can be worth applying if you are eligible and want the ability to work legally without a separate employer-sponsored visa. Many spouses value the flexibility to accept a job, change roles, or pursue self-employment.
At the same time, processing times and renewals can create planning challenges, and eligibility remains dependent on the H-1B principal meeting the required conditions. The best conclusion is still: it depends on your situation, timeline, and work goals.
Key Takeaways
- H-4 status does not automatically allow work.
- H-4 children cannot work under the H-4 EAD program.
- Eligible H-4 spouses can work only with an approved EAD.
- Eligibility often depends on the H-1B principal having an approved I-140 or an AC21-based extension.
- An H-4 EAD usually allows broad employment, including self-employment, while valid.
- Work typically must stop if the EAD expires and no valid renewal is in hand.
For more immigration guidance and resources, visit ImmigrationQuestion.com.
Frequently Asked Questions
- Can an H-4 visa holder work while EAD is pending?
No. An H-4 spouse generally must wait until the EAD is approved and received before starting paid work. Working without authorization can create immigration problems. - Do I need a job offer to apply for H-4 EAD?
No. A job offer is not typically required for Form I-765 in this category. USCIS focuses on eligibility tied to status and the H-1B principal’s qualifying conditions. - Can I stop working and keep my EAD?
Yes. An EAD allows work but does not require continuous employment. It generally remains valid until its expiration date if you maintain H-4 status. - Can my EAD be revoked?
It can be affected if you lose H-4 status or if the eligibility basis no longer applies. USCIS can also revisit approvals in limited situations if it identifies a material issue. - What if my EAD expires before my renewal is approved?
In many cases, you must stop working once the EAD expires if you do not have valid authorization. Filing early helps reduce the risk of a work gap.
