What is the H-4 Employment Authorization Document (EAD) and who qualifies for it?

The H-4 Employment Authorization Document (EAD) allows certain spouses of H-1B nonimmigrant workers to legally work in the United States. This provision was established by the U.S. Citizenship and Immigration Services (USCIS) in 2015 under the rule 8 CFR 274a.12(c)(26).

To qualify for the H-4 EAD, the H-1B principal spouse must meet one of two specific criteria:

• H-1B Status Under AC21 Extension: The H-1B spouse must be the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, and be the beneficiary of an extension of stay under the American Competitiveness in the 21st Century Act (AC21) beyond the initial six-year limit.
• H-1B Status Under PERM or Immigrant Petition Pending: The H-1B spouse must have an approved Form I-140 petition, or their employer must have initiated the PERM labor certification process, and the priority date for their immigrant visa category must be current according to the Department of State’s Visa Bulletin.

The H-4 dependent spouse applies for the EAD by filing Form I-765, Application for Employment Authorization, with USCIS, typically concurrently with the H-4 extension application or as a standalone application. The EAD is generally valid for the duration of the H-4 status, up to the maximum validity period permitted for the H-1B spouse. It is crucial to note that the H-4 EAD is dependent on the principal H-1B spouse maintaining valid status. If the H-1B spouse’s status is revoked or expires, the H-4 spouse’s EAD authorization is also voided. Applicants must ensure they file for renewal of the H-4 status and the EAD before expiration to maintain continuous work authorization.

Source: USCIS Policy Manual, Volume 10, Chapter 3, Section (h)(11) - Employment Authorization for Certain H-4 Spouses.