Employment authorization for H4 visa holders is a new rule that allows H4 dependent spouses of H1B nonimmigrants to legally work in the United States. Upon the approval of their H4 EAD application, H4 visa holders may work or start business in the US.
Along with the completed Form I-765, Application for Employment Authorization, H4 EAD applicants must submit a $410 filing fee. An addition of $85 may be required for biometrics. Supporting evidence of eligibility for H4 visa EAD must also be submitted, which will reduce the likelihood of USCIS requesting the applicant send additional evidence.
H4 Visa EAD Documents Required
The documents required to apply for H4 EAD are listed and explained below.
Evidence of H4 Visa Status
First of the required documents for H4 visa EAD application is evidence of your current H4 visa status. You can show evidence of H4 status by providing one of the following:
- Copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; or
- Copy of Form I-94, Arrival/Departure Record.
Government-Issued Identification Document with Photo
Acceptable forms of identification include:
- Copy of your last EAD;
- Copy of the biometric page of your passport;
- Birth certificate w/photo ID;
- Visa issued by a foreign consulate; or
- National identity document w/photo.
Evidence of Relationship to H1B Nonimmigrant
A copy of your marriage certificate should be provided as evidence of your relationship to the H1B nonimmigrant.
Evidence of Your Basis for Eligibility for EAD
Your EAD eligibility can be shown by submitting evidence of one of the following:
- Evidence that the H1B nonimmigrant is the principal beneficiary of an approved Form I-140.
- This can be shown with a copy of the H1B nonimmigrant Form I-797 approval notice for Form I-140.
- Evidence that the H1B nonimmigrant has received an extension of stay.
- This can be shown with a copy of the H-1B nonimmigrant passports, prior Forms I-94, and current and prior Forms I-797; and
- Evidence of one of the following bases for H-1B nonimmigrant extension of stay:
- Based on Filing of a Permanent Labor Certification Application. Submit a copy of a print out from the Department of Labor website showing the H1B nonimmigrant Permanent Labor Certification Application and a copy of Form I-797 Notice of Receipt for Form I-140; or
- Based on a Pending Form I-140. Submit a copy of Form I-797 Notice of Receipt for Form I-140 showing that the H1B nonimmigrant Form I-140 was filed at least 365 days before the six-year limitation of stay expiration.
If you are unable to provide evidence showing that the H1B nonimmigrant is the principal beneficiary of an approved Form I-140 or has received an extension of stay as described above, you may request that USCIS consider secondary evidence in support of your EAD application. Examples of secondary evidence may include:
- Receipt number of H1B nonimmigrant most current Form I-129 extension of stay request
- Receipt number of H1B nonimmigrant approved Form I-140 petition
Without sufficient information about the H1B nonimmigrant, the adjudication or denial of your application for EAD may be delayed.
Photos for EAD Card Production
Lastly, you must submit two identical 2×2 inch passport-style color photographs of yourself.
Any documents you submit in a foreign language must be accompanied by the full English language translations, certified as complete and accurate by a translator.
Learn more about the EAD for H4 process by reading our EAD for H4 FAQs.