Employment authorization for H-4 dependents allows certain spouses of H-1B visa holders to work in the United States. The H-4 visa is issued to the immediate family members—spouses and children under 21—of H-1B visa holders. However, not all H-4 visa holders are eligible to work; employment authorization is restricted to specific circumstances.
Eligibility for Employment Authorization
In 2015, the U.S. government introduced a rule allowing some H-4 visa holders to apply for an Employment Authorization Document (EAD), giving them the legal right to work. To qualify, the H-1B visa holder (the spouse) must meet one of the following conditions:
Permanent Residency Application in Process: The H-1B worker must be the beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker), indicating they are on the path to obtaining a green card.
H-1B Extensions Beyond the Six-Year Limit: The H-1B holder must have extended their visa beyond the standard six-year limit due to pending green card processing under the American Competitiveness in the Twenty-First Century Act (AC21).
If either condition is met, the H-4 spouse can apply for employment authorization by submitting Form I-765 (Application for Employment Authorization) along with supporting documents, such as proof of the H-1B holder’s status and the approved I-140 or extended visa status. Once approved, the EAD allows the H-4 spouse to work for any employer in the U.S. without restrictions on job type or hours.
Impact and Benefits
Employment authorization for H-4 dependents has been a significant relief for families of H-1B holders, allowing spouses to contribute financially and pursue their own careers. However, the program has faced political challenges, with proposals to rescind it. As of now, it remains a vital tool for skilled immigrants and their families seeking long-term stability in the U.S.
Get Assistance
For more information or help obtaining work authorization for an H-4 visa holder, please contact the Law Office of Gregory J. Eck, LLC.