Important update

IMPORTANT: Effective October 30. DHS will no longer grant automatic extensions of EAD. This makes it even more important for H-4 EAD applicants to file their H-4 EAD extension on time, as their EAD could expire before processing completes.

Learn more about the DHS’s announcement (https://manifestlaw.com/blog/immigration/news/automatic-ead-renewal-to-end/) and read our memorandum about the changes (https://manifestlaw.com/blog/immigration/news/memorandum-dhs-elimination-of-automatic-ead-extension/).

Overview

If you're the spouse of an H-1B visa (https://manifestlaw.com/h1b-visa/) holder, the an Employment Authorization Document (EAD) can significantly enhance your career opportunities in the U.S.

With this work permit, you can explore job roles across all sectors, work for any employer, or even start your own business. You can also renew it as long as your spouse remains on an H-1B visa.

In this comprehensive guide, we’ll walk you through the benefits, eligibility requirements, step-by-step application process, necessary documents, H-4 EAD processing times, costs, and more.

What is H-4 EAD?

The H-4 EAD is a work permit that allows the spouses of qualifying H-1B visa holders to get an employment authorization in the US.

If your spouse is on an H-1B visa (often used by tech workers, engineers, and other professionals) and waiting to apply for a Green Card, the H-4 EAD can allow you to work, get a job, start their own business, or otherwise seek employment.

For dependents to be eligible for the H-4 EAD, the H-1B spouse must meet specific requirements, such as having an approved Form I-140 or being granted H-1B status beyond the standard six-year limit due to certain conditions being met in the Green Card process.

With an H-4 EAD, you can work for any employer, switch jobs without needing sponsorship, or even be self-employed. This flexibility is a major advantage for H-4 visa holders who want independence and opportunity to make the most of your time in the U.S.

Why does H-4 EAD exist?

The H-4 EAD was created to address the challenges faced by spouses of H-1B workers—particularly the inability to work while living in the United States.

It is intended to help retain skilled workers in the U.S. by reducing the financial and personal strain on families during long employment-based Green Card backlogs.

Allowing certain H-4 spouses to work also supports economic mobility and workforce participation while the principal H-1B holder proceeds through permanent residence steps.

Who is eligible for H-4 EAD?

To qualify for an H-4 EAD, you must be in valid H-4 status and physically present in the United States.

In addition, your H-1B spouse must meet one of the qualifying conditions that unlock H-4 EAD eligibility for dependents (commonly involving the Green Card process or extended H-1B status).

H-4 EAD Benefits

An H-4 EAD can provide meaningful flexibility and independence for H-4 spouses by allowing broad employment authorization.

• Work for any U.S. employer (no sponsorship required).
• Change jobs freely without a new petition.
• Pursue self-employment or start a business.
• Build U.S. work history while the H-1B spouse pursues permanent residence.

How to Apply for H-4 EAD

The H-4 EAD application is filed with USCIS using Form I-765 and supporting documentation demonstrating H-4 status and qualifying eligibility through the H-1B spouse.

Step 1: Confirm Your Eligibility

Before filing, confirm you are currently in valid H-4 status, are present in the U.S., and that your H-1B spouse meets the requirement that enables H-4 EAD eligibility (for example, an approved Form I-140 or qualifying AC21-based extension criteria).

Step 2: Gather Necessary Documents

USCIS expects thorough documentation to establish identity, current immigration status, and the principal spouse’s eligibility basis.

Step 3: Complete Form I-765

Complete Form I-765 accurately and consistently with your immigration history and supporting evidence. Errors or inconsistencies can lead to delays or Requests for Evidence (RFEs).

Step 4: Pay the Application Fee

Pay the required USCIS filing fee for Form I-765 as specified in the current fee instructions for your filing category and method.

Step 5: Submit Your H-4 EAD Application

Submit your completed Form I-765 with supporting documents to the appropriate USCIS filing address based on your circumstances and filing method.

Step 6: Wait for Your Employment Authorization Document (EAD Card)

After filing, USCIS will process the case. Processing times can vary and may change based on workload and policy updates.

Step 7: Receive Your EAD

If approved, USCIS will issue the EAD card. You may then use it to establish work authorization for employment eligibility verification.

H-4 EAD Documents Checklist

A strong H-4 EAD filing typically includes evidence of identity, H-4 status, and the H-1B spouse’s qualifying eligibility basis.

• Completed Form I-765 (signed).
• Proof of identity (passport biographic page).
• Proof of current H-4 status (I-94, approval notices, etc.).
• Marriage certificate (to show the qualifying relationship).
• Evidence relating to the H-1B spouse (status documentation, approvals, and the qualifying condition such as an approved Form I-140 or relevant extension basis).
• Any prior EADs (if filing an extension/renewal).

H-4 EAD Photo Requirements

USCIS requires passport-style photos that meet their specifications. Photo issues can delay processing if they do not comply with requirements.

Confirm you are following USCIS photo rules at the time of filing, including size, background, and recency requirements.

H-4 EAD Timeline

H-4 EAD timelines vary depending on USCIS processing and whether the filing is initial or an extension. Expect that processing can take several months.

H-4 EAD Processing Time

Many applicants experience processing times in the range of several months. Delays can occur due to RFEs, biometrics scheduling, or workload fluctuations.

Plan early for extensions to reduce the risk of work authorization gaps, especially given the change noted in the Important update section above.

Is premium processing available for H-4 EAD?

Premium processing availability depends on USCIS policy for the specific filing type and category. If premium processing is critical to your strategy, confirm current eligibility and whether it applies to your case type.

H-4 EAD Filing Fees

USCIS filing fees can change. Always confirm the correct fee for Form I-765 in your category before submitting, and follow USCIS payment instructions for your filing method.

H-4 EAD Lawyer Fees

Attorney fees vary by case complexity, evidence needs, and whether you are filing concurrently with other applications. Consider legal support if you have status complications, prior denials, or tight work authorization timelines.

What is the H-4 EAD extension process?

If you already have an EAD and need to keep work authorization active, you may file an extension (renewal) using Form I-765 with updated supporting documentation.

Step 1: Prepare and File Your Extension Application

Prepare a renewal filing with Form I-765, updated evidence of H-4 status, and documentation supporting continuing eligibility through the H-1B spouse. Include copies of prior EADs as appropriate.

Step 2: Receive Receipt Notice

After USCIS accepts the filing, you should receive a receipt notice. Keep this for tracking and as proof of timely filing.

Step 3: H-4 EAD Extension Processing

USCIS may issue RFEs or request additional documentation. Responding thoroughly and quickly can help reduce delays.

Step 4: Receive Your New EAD Card

If approved, USCIS will issue a new EAD card reflecting your updated validity period.

How is my H-4 EAD affected by the Edakunni Settlement case?

Some policy and processing aspects have been impacted by litigation and settlements affecting how USCIS handles certain H-4 and EAD adjudications. The practical effects depend on current USCIS guidance and your specific filing posture.

If your case strategy depends on settlement-related policies, confirm current rules and how they apply to your exact filing scenario.

Can I request an automatic extension for H-4 EAD?

Automatic extension eligibility depends on USCIS and DHS policy for the relevant EAD category and filing posture. Policy changes can materially affect whether an automatic extension applies.

Refer to the Important update section above regarding DHS ending certain automatic extension practices effective October 30, and plan your extension filing timeline accordingly.

How Manifest Law can help

Legal support can help ensure your eligibility basis is clearly documented, your filing is consistent, and your evidence package is complete—especially where timelines are tight or your case has complexities.