H-4 Visa Work Permit: A Complete Guide for Spouses of H-1B Visa Holders

Ajay Choudhary
Mar 13
3 min read

The H-4 visa is a dependent visa issued to the spouses and children (under 21) of H-1B visa holders in the United States. While H-4 visa holders were traditionally not allowed to work, a significant policy change introduced the H-4 EAD (Employment Authorization Document), allowing certain H-4 visa holders to work legally in the U.S.

If you are an H-4 visa holder wondering about your work eligibility, application process, and benefits, this guide will provide all the details you need.

What is an H-4 EAD (Employment Authorization Document)?

The H-4 EAD is a work permit issued by the U.S. Citizenship and Immigration Services (USCIS) that allows eligible H-4 visa holders to legally work in the United States. With an H-4 EAD, you can:

✅ Work for any employer in the U.S. (no job restrictions)

✅ Start your own business

✅ Work full-time or part-time

✅ Apply for jobs in any industry.

Who is Eligible for an H-4 EAD? H-4 Visa Work Permit

Not all H-4 visa holders qualify for an H-4 EAD. To be eligible, you must meet one of the following criteria:

Your H-1B spouse has an approved Form I-140 (Employment-Based Green Card Petition).
Your H-1B spouse is on an H-1B extension beyond six years under the AC21 Act (due to green card processing delays).

If you meet either condition, you can apply for H-4 EAD and legally work in the U.S.

How to Apply for an H-4 EAD (Step-by-Step Guide)

Step 1: Gather Required Documents

Before applying, ensure you have the following documents:

📌 Completed Form I-765 (Application for Employment Authorization).

📌 Copy of H-4 visa approval notice (Form I-797).

📌 Copy of H-1B spouse’s Form I-797 (H-1B approval notice).

📌 Copy of H-1B spouse’s I-140 approval (if applicable).

📌 Copy of your passport, visa, and most recent I-94 form.

📌 Two recent passport-sized photos.

📌 Filing fee of $410 (subject to USCIS updates).

Step 2: File Your Application

Once all documents are ready, file Form I-765 online or via mail to the appropriate USCIS Lockbox facility based on your state of residence.

Step 3: Receive USCIS Notice & Biometrics Appointment

USCIS will send a receipt notice confirming your application submission. If biometrics (fingerprinting) is required, you will receive an appointment notice.

Step 4: USCIS Processing & Approval

Processing times vary, but generally take 4-6 months. Once approved, you will receive your H-4 EAD card by mail, allowing you to start working immediately.

Benefits of H-4 EAD

📌 No Employer Sponsorship Needed – Unlike H-1B, an H-4 EAD does not require employer sponsorship.

📌 Work in Any Field – You can work in any industry or even start a business. 📌 No Cap or Lottery – Unlike H-1B, there is no annual quota for H-4 EADs.

Common Reasons for H-4 EAD Delays or Denials

🔴 Incomplete Documentation – Missing documents can delay processing. 🔴 H-1B Spouse’s Status Issues – If your spouse’s H-1B is not valid, your H-4 EAD may be denied.

🔴 USCIS Processing Delays – High application volume can cause longer processing times. H-4 Visa Work Permit