How To Apply For An H-4 EAD Work Permit For H-1B Spouses

This article was last updated and fact checked on October 15, 2024 by Mani Karthik.

How to Apply for an H-4 EAD Work Permit for H-1B Spouses

So, you’re an H-4 visa holder married to an H-1B visa worker and wondering how to apply for an H-4 EAD (Employment Authorization Document) to start working in the U.S.

Well, you’ve come to the right place!

The H-4 EAD allows certain spouses of H-1B visa holders to work legally in the U.S., and it’s a pretty big deal because it opens up a world of opportunities.

Let’s break down the process of applying for an H-4 EAD in simple steps.

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Who is Eligible for an H-4 EAD?

Not every H-4 visa holder can apply for an EAD.

You are eligible if your H-1B spouse:

Is the principal beneficiary of an approved I-140 (Employment-Based Immigration Petition).
Has extended their H-1B status beyond six years due to the green card process under AC21 (American Competitiveness in the Twenty-First Century Act).

If you meet these conditions, congratulations!

You can apply for an H-4 EAD and get legal authorization to work.

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However there are other choices like these, as well.

Step-by-Step Process to Apply for an H-4 EAD

1. Gather the Required Documents

Before you start the application process, you’ll need to collect the following documents:

A completed Form I-765, which is the application for the Employment Authorization Document (EAD).
A copy of your H-4 approval notice (Form I-797).
A copy of your H-1B spouse’s I-797 approval notice.
A copy of your passport (biographical page and any U.S. visa pages).
Two recent passport-sized photos (following USCIS guidelines).
Evidence that your spouse has an approved I-140 or H-1B extension beyond six years.

Make sure your photos are within the last 30 days and meet the correct dimensions.

2. Complete Form I-765

Once you’ve gathered your documents, it’s time to fill out Form I-765.

Here are some key sections to watch out for:

Part 2, Item 27: This is where you’ll select the appropriate category for your EAD application. For H-4 EAD, you’ll select “(c)(26)” as your eligibility category.
Ensure all information is accurate and matches your documents, especially your name, passport number, and A-number (if applicable).

3. Submit Your Application

You have two options for submission:

By Mail: You can send the completed I-765 form, supporting documents, and payment to the appropriate USCIS lockbox (the address depends on where you live, so check the USCIS website for the correct one).
Online: As of recently, some applicants can now file Form I-765 online. Check if you are eligible to apply through your USCIS account.

When submitting by mail, ensure you include a check or money order for the current application fee.

As of this writing, the fee is $410, but it’s always a good idea to check the latest fee on the USCIS website.

4. Wait for the EAD Approval

Once your application is submitted, you’ll get a receipt notice from USCIS.

This receipt will contain a tracking number (the receipt number) that you can use to check the status of your application on the USCIS website.

Processing times vary, but on average, it can take anywhere from 3 to 5 months for your H-4 EAD to be approved.

If you’re in a hurry, unfortunately, there’s no premium processing for H-4 EAD applications, so you’ll need to be patient.

5. Receive Your EAD Card

Once your H-4 EAD is approved, you will receive your Employment Authorization Document (EAD) card in the mail.

This card is your key to legally working in the U.S.

The EAD card will have an expiration date, usually tied to your H-4 status, so keep an eye on that and make sure to renew it before it expires if you plan to continue working.

Tip: Don’t forget to apply for a Social Security Number (SSN) if you don’t already have one. You’ll need this for tax purposes once you start working.