You’ve followed your spouse to the U.S. on an H4 visa, ready to start a new life. The excitement of a new beginning is real, but after settling in, you realize you can’t legally work yet. Days turn into weeks, and the thought of putting your career on hold starts to feel heavy. Then you hear about the H4 EAD, and suddenly, there’s hope.
The H4 EAD is a work permit that opens the door for certain H4 spouses to legally work in the U.S. But not everyone on an H4 is eligible. Knowing exactly where you stand can save you months of uncertainty and wasted application fees.
In 2025, the EAD eligibility for H4 applicants remains tied to specific conditions relating to their H1B spouse’s immigration status. In this guide, we’ll break down the eligibility criteria for H4 EAD step-by-step, explain the documents you need, and answer common questions so you’ll know exactly where you stand before applying.
What is the H4 EAD?
The H4 EAD, officially known as the Employment Authorization Document for H4 spouses, is a work permit that allows certain dependent spouses of H1B visa holders to work legally in the U.S.
The H4 visa is granted to the dependent spouses and children of H1B visa holders. The H4 EAD, however, is specifically for eligible spouses. It allows them to work for any employer, be self-employed, or start their own business without restrictions.
The program exists to give families more flexibility. Before the H4 EAD was introduced in 2015, many spouses on H4 visas were unable to work legally in the U.S., leading to career gaps and financial strain. USCIS created this benefit to help retain skilled workers on H1B visas by allowing their spouses to contribute to household income and pursue their own professional goals.
H4 EAD Eligibility Criteria
Not every H4 spouse can get an EAD, and that’s why knowing the H4 EAD eligibility criteria is the first step.
Here’s what you need to qualify:
- Valid H4 Status – You must be in the U.S. as the dependent spouse of an H1B visa holder with valid immigration status.
- H1B Principal’s Qualifying Status – Your H1B spouse must have either an approved Form I-140 (Immigrant Petition for Alien Worker) or be working under AC21 provisions, which allow H1B extensions beyond the standard six-year limit.
- Proof of Relationship – You’ll need official documentation, such as a marriage certificate, to prove your qualifying relationship.
- Physical Presence – You must be physically in the U.S. when you file your application.
- Good Immigration Record – You must not have committed serious immigration violations or engaged in unauthorized employment.
These requirements are strict because USCIS only grants H4 EADs to spouses who meet both the relationship and employment-based qualifications. If you’re unsure, double-check before filing; incorrect filings can cost you time, money, and potentially affect your immigration record.
Documents Needed for H4 EAD Application
Once you’ve confirmed your EAD eligibility for H4, the next step is preparing the correct paperwork.
Here’s what you’ll need:
- Completed and signed Form I-765 (Application for Employment Authorization).
- Proof of valid H4 status, such as your I-94 arrival/departure record or H4 approval notice.
- Evidence of your H1B spouse’s qualifying status; either their I-140 approval notice or documentation proving eligibility under AC21 extensions.
- Your marriage certificate as proof of the qualifying relationship.
- A copy of your passport and any previous EAD cards (if applicable).
These documents must be clear, legible, and, if necessary, translated into English by a certified translator. Having them ready before you start the application will make the process much smoother.
How to Apply for an H4 EAD Card
Applying for an H4 EAD involves several steps, and following them carefully will help you avoid delays or rejections.
Step 1 – Confirm Eligibility
Make sure you meet all the H4 EAD criteria, including your spouse’s qualifying H1B status.
Step 2 – Gather Required Documents
Collect all the items listed above: Form I-765, proof of H4 status, marriage certificate, your spouse’s I-140 or AC21 evidence, and identification documents.
Step 3 – File Form I-765
You can file by mailing a paper application to the correct USCIS service center.
Step 4 – Pay the Filing Fee
As of August 2025, the filing fee is $520, but always double-check the USCIS website for the most current amount before submitting.
Step 5 – Wait for Processing
After filing, USCIS will send you a receipt notice. Processing times typically range from 3 to 6 months, but this can vary.
Benefits of the H4 EAD Card
Gaining work authorization through an H4 EAD can be life-changing for dependent spouses. It doesn’t just open the door to employment; it provides real freedom to make career choices on your terms.
Here are some of the main benefits:
- Work for Any Employer – No restrictions on industry, location, or full-time/part-time status.
- Start a Business or Freelance – The EAD allows self-employment, giving you control over your career path.
- Career Growth – Build experience, skills, and a professional network in the U.S.
- Financial Stability – Contribute to your household income and reduce financial strain.
These benefits are why many spouses prioritize securing their H4 EAD as soon as they meet the eligibility requirements.
Renewal and Maintaining EAD Eligibility for H4
An H4 EAD is not permanent; it’s tied to your H4 status and must be renewed before it expires to avoid any employment gaps.
To maintain EAD eligibility for H4, you must:
- Apply Early – File your renewal application (Form I-765) up to 180 days before your current EAD expires.
- Keep Your H4 Status Valid – Your work authorization depends on maintaining lawful H4 status, which in turn depends on your spouse’s H1B status.
- Stay Updated on USCIS Policies – Rules can change, so always confirm the latest renewal requirements.
Missing a renewal window could mean weeks or months without legal work authorization, so mark important dates in advance and plan accordingly.
Securing Your Career Path as an H4 Spouse
Understanding H4 EAD eligibility is the first step to unlocking professional and financial independence as a dependent spouse. Once approved, the card allows you to pursue your career, explore entrepreneurial ventures, and contribute to your household without legal restrictions.
If you meet the eligibility criteria, apply as early as possible to avoid delays and start benefiting from the freedom it offers.
If you have personal questions, visit ImmigrationQuestions.com and ask on the open forum for free. You’ll get answers from experienced immigration attorneys and may even qualify for a free consultation, depending on your case.
Frequently Asked Questions
1. What are the other types of EAD available aside from the H4 EAD?
USCIS issues EADs for various categories, including asylum applicants, adjustment of status applicants, Temporary Protected Status (TPS) holders, certain F-1 students, and others.
2. Can an H4 EAD holder work for multiple employers?
Yes. The H4 EAD allows unrestricted employment, meaning you can work for multiple employers, switch jobs, or be self-employed.
3. How long does it take to process an H4 EAD application?
Processing times typically range from 3 to 6 months, but this can vary depending on USCIS workload and your service center.
4. Do I need a job offer before applying for an H4 EAD?
No, a job offer is not required to apply. You can apply and receive your EAD even without a pending employment opportunity.
5. Can I travel while my H4 EAD is pending?
Yes, but ensure you have a valid H4 status and the required travel documents to re-enter the U.S.
6. If my spouse loses H1B status, what happens to my H4 EAD?
Your H4 status and EAD will no longer be valid if your spouse’s H1B status ends.
