If you’re in the U.S. on an H-4 visa and married to an H-1B visa holder, you may be eligible to apply for work authorization, known as an H4 EAD (Employment Authorization Document). This card allows eligible H4 spouses to legally work in the U.S., open a business, or even get a Social Security Number.
In this guide, we’ll walk you through everything you need to know about EAD requirements for H4 — including who qualifies, what forms and documents are needed, and how to apply. Whether you’re applying for the first time or planning a renewal, understanding the requirements for H4 EAD can save you time, stress, and paperwork headaches.
What Is H4 EAD and Who Qualifies?
The H4 EAD is a work permit issued by U.S. Citizenship and Immigration Services (USCIS) to certain H-4 dependent spouses of H-1B visa holders. It gives them legal authorization to work for any employer or start their own business in the U.S.
To qualify, the H-1B visa holder must:
- Have an approved I-140 (Immigrant Petition for Alien Worker) or
- Be under H-1B status extended under sections 106(a) and (b) of AC21 (American Competitiveness in the 21st Century Act).
That means not every H4 visa holder qualifies. The requirements for H4 EAD hinge entirely on the H-1B spouse’s immigration progress and status.
You can only apply for the H4 EAD after your H-4 status is active. You’ll also need to show a legal marital relationship to the H-1B holder.
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EAD Requirements for H4 Applicants
To meet the EAD requirements for H4, the following conditions must be satisfied:
- You must be in valid H-4 nonimmigrant status.
- Your H-1B spouse must either have an approved Form I-140 or be eligible for a post-6-year H-1B extension under AC21.
- You must submit a properly completed Form I-765 (Application for Employment Authorization) with the required documentation and filing fee.
Please note that there’s no specific number of years required, but the H-1B spouse must either be beyond their six-year cap with an AC21 extension or have an approved I-140. Without one of these two, the H4 spouse isn’t eligible.
Timing is also key. Try to apply as early as you can, especially if you’re planning a job switch or trying to avoid a gap in work authorization.
Documents Required for H4 EAD
Paperwork is a big part of this process. Here’s a breakdown of the documents required for H4 EAD:
General Documents:
- A completed Form I-765
- Copy of your H-4 visa (stamped in your passport)
- Copy of your Form I-94 (record of your arrival/departure)
- Copy of your passport (biographic page)
- Two recent 2×2-inch color passport-style photos (photo requirements for H4 EAD)
- Proof of any previous EAD (if you had one)
Proof of Relationship:
- Copy of your marriage certificate
- Copy of your H-1B spouse’s H-1B approval and visa
- Copy of their Form I-94
- Copy of their I-140 approval notice OR evidence of their AC21 extension
Together, this forms the list of documents required for H4 EAD. Submitting everything correctly the first time can really help avoid delays.
If you’re applying for an H4 EAD renewal, the documents required are mostly the same, but you’ll also include a copy of your current or recently expired EAD card.
If you’re planning to apply for a Social Security Number after getting your EAD, here’s what you’ll need:
- Your new EAD card
- Your passport
- H-4 visa
- Your I-94
If your H-4 status is pending (like if you filed Form I-539 together), you’ll be scheduled for biometrics. But if your H-4 status is already approved, biometrics may not be needed.
What is the H4 EAD Application Process?
Here’s how to apply for your H4 EAD, step by step:
- Fill out Form I-765 – This is the official work authorization form.
- Gather your documents – Refer to the list above to ensure nothing’s missing.
- Submit everything – Mail your application to the USCIS address that applies to your situation.
- Pay the fee – The filing fee is $520 if you file by mail and $470 if you file online.
- Track your status – After submission, USCIS will send you a receipt number so you can follow your case online.
- Attend biometrics (if needed) – You’ll get a notice if an appointment is required.
It’s important to double-check everything before submitting. Missing or incorrect documents can lead to a Request for Evidence (RFE), which will slow things down.
Final Thoughts
Applying for H4 EAD can be a huge milestone for many families — it opens doors to career opportunities and financial independence. But the process is documentation-heavy and timing-sensitive, so it’s essential to understand all EAD requirements for H4 before starting.
Take the time to gather every document, follow photo specifications, and verify eligibility through your H-1B spouse’s immigration status.
If you’re ever unsure about any part of the process or need personalized guidance, don’t hesitate to visit Immigration Question. You can ask your immigration related questions and get answers within hours from experienced immigration attorneys. Plus, you might even qualify for a free consultation to help you navigate your H4 EAD application with confidence and ease.
FAQs
1. What are the documents required for H4 EAD?
You’ll need Form I-765, your H-4 and H-1B visa documents, marriage certificate, passport, I-94s, I-140 approval, and two passport-style photos. Supporting documents may vary slightly depending on your situation.
2. How much H1 period is required for H4 EAD?
There’s no fixed duration. Eligibility depends on your H-1B spouse having an approved I-140 or being eligible for an AC21 extension beyond the sixth year of H-1B status.
3. Is a birth certificate required for H4 EAD?
No, a birth certificate is not typically required unless USCIS specifically requests it. Your passport and marriage certificate are usually enough to prove your identity and relationship.
4. Is credential evaluation required for H4 EAD?
No, a credential evaluation is not required for H4 EAD. It’s only needed for H-1B petitions or green card applications, not for dependent work authorization.
5. Can I work while my H4 EAD application is pending?
No. You cannot work until you receive your approved EAD card. Working without it is considered unauthorized employment and can impact your immigration record.
6. What are the documents required for applying for SSN for H4 EAD?
You’ll need your EAD card, valid passport, H-4 visa, and Form I-94. These documents prove identity and work authorization when applying to a Social Security office.
