What is the process for an H-4 spouse to apply for an Employment Authorization Document (EAD) based on their principal H-1B spouse?

The Employment Authorization Document (EAD) for H-4 dependent spouses is contingent upon the principal H-1B worker meeting specific criteria. Eligibility is generally restricted to H-4 spouses whose H-1B spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or who has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act (AC21), which allows H-1B status extensions beyond the usual six-year limit. If the H-1B spouse has an approved I-140, the H-4 spouse can apply for work authorization regardless of whether the priority date is currently current.

The application process involves filing Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). This application can be filed concurrently with the H-1B spouse's Form I-129 petition (or extension/amendment) or filed separately after the H-1B spouse receives their status extension or I-140 approval. It is often recommended to file concurrently if possible to minimize potential gaps in employment authorization.

Required supporting documentation typically includes copies of the H-4 spouse’s passport, current I-94 record, marriage certificate proving the relationship to the H-1B worker, and evidence demonstrating the H-1B spouse's qualifying status (e.g., copy of the approved I-140 or the H-1B approval notice showing the AC21 extension eligibility). Applicants must also submit the required filing fee, unless they qualify for a fee exemption. The resulting EAD card, if approved, is valid for the duration of the H-4 status, up to the maximum period allowed by the H-1B spouse's approved status. Applicants should monitor their filing using the receipt number provided by USCIS.

Source Reference:

• USCIS H-4 EAD Eligibility Information: [https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employment-authorization-for-certain-h-4-spouses](https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employment-authorization-for-certain-h-4-spouses)