Can the spouse of an H-1B worker get work authorization in the US?

Spouses of H-1B workers are admitted to the US in H-4 status. H-4 holders historically had no work authorization, but a 2015 rule allows certain H-4 spouses to apply for an Employment Authorization Document (EAD). To qualify, the H-1B principal must have an approved Form I-140 immigrant visa petition or must have been granted H-1B status beyond the initial six-year cap.

Eligible H-4 spouses apply by filing Form I-765 with USCIS. The H-4 EAD must be applied for and renewed separately; it does not automatically accompany H-4 status. Processing times have varied significantly and can be lengthy. The H-4 EAD allows unrestricted employment with any employer, unlike H-1B which is employer-specific.

The H-4 EAD program has been subject to legal challenges and potential regulatory changes. Its continued availability depends on federal rulemaking and court decisions. H-4 EAD holders should renew promptly to maintain work authorization and monitor USCIS policy for any program changes.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.