How To File For Employment Authorization For Dependents (H-4 EAD)

Do you want to immigrate to the USA as a skilled worker with your partner and children? Here is how you can bring your family with you on an H-4 nonimmigrant visa and apply for their employment authorization.

US companies use the H-1B program to hire foreign nationals for specialist jobs requiring a bachelor’s degree or higher in a field linked to the position. Family members who meet the requirements and want to travel with an H-1B visa holder but are not allowed to work are granted the H-4 visa.

In other situations, having a spouse or dependent with work authorization may be essential. Thus you may need to file for an H-4 EAD.

The Employment Authorization for Dependent (H-4 EAD) form must be filed for a person’s family member to work lawfully in the US.

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EAD Requirements for H-4

A Form I-765 (Application for Employment Authorization) may be submitted by H-4 dependent partners of H-1B visa holders if the H-1B nonimmigrant:

Is the primary beneficiary of a Form I-140 that has been approved (Immigrant Petition for Alien Worker)
Awarded H-1B status following sections 106(a) and (b) of the American Competitiveness in the 21st Century Act of 2000

How to Apply?

You need to do the following to apply for an H-4 Visa EAD properly:

Fill out Form I-765.
Submit supporting documents such as your H-4 visa, spouse’s H-1B visa

The USCIS must first accept your Form I-765 before you are allowed to start working. The expiry date on your EAD should match the date on your most current Form I-94, which indicates your H-4 nonimmigrant status. Only up until the date of your EAD’s termination are you permitted to work.

H-1B to H-4 EAD

In certain circumstances, a person may find that their H-1B employment contract has expired and must now find a new way to remain in the United States.

For example, imagine you married your H-1B partner while still in the US. You might want to switch to an H-4 dependent visa if you possess a visa. Here’s how!

Only the following qualifies you to perform this:

Your spouse’s H1B visa is currently valid.
You and your partner are a legally recognized married couple.
When your H4 visa is granted, you won’t be employed.

Your H-1B visa expires after your work contract, which happens when your 6-year maximum period does. Since this procedure would take 2-3 months to complete, starting it 2-3 months before your spouse’s H-1B visa expires is preferable.

Submit substantiating data. A request for further evidence will be less likely to be sent to you if you provide enough supporting documentation. You must submit documents that prove that you: