What is the process for an H-4 spouse to apply for an Employment Authorization Document (EAD)?

Certain H-4 dependent spouses of H-1B nonimmigrants are eligible to request employment authorization. To qualify, the H-1B spouse must be the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or have been granted an extension of H-1B status beyond the six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21).

The application process involves filing Form I-765, Application for Employment Authorization, with USCIS. You must provide evidence of your H-4 status, a copy of the principal H-1B holder's Form I-797 (Notice of Action) approving the I-140, or proof of the H-1B extension. You must also include two passport-style photos and the required filing fee.

If you are filing Form I-765 concurrently with a Form I-539 (to extend H-4 status), you may file these together; however, they are often processed separately. As of recent policy updates, some H-4 EAD applicants may be eligible for an automatic extension of their work authorization if they file a timely renewal application while their previous EAD is still valid. It is crucial to monitor USCIS processing times and ensure that your H-4 status remains valid throughout the period of employment.