h4 ead application cover letter

How to file H4 EAD, Documents, Form i765 (New / Renewal Process)

File H4 EAD yourself with I-765 form, document checklist. Fees $520. Renew 180 days before expiry. H1B primary I797 receipt required. Processing time 2-7 month.

H4 EAD allows H4 visa holders to work legally in the US without any employer or location restrictions. 

Check if you are eligible to apply for H4 EAD .

This article will discuss:

Documents for H4 EAD Application

How to fill h4 ead form, concurrent filing – h1b, h4, h4 ead, h4-ead renewal documents, apply ssn with ead.

#1 H4-EAD Fees Check / Credit Card

H4 EAD fees check for $520 payable to the ‘ U.S. Department of Homeland Security ‘. Short forms like USCIS are not allowed on personal, cashier, or money orders.

Personal checks from your checking or savings account in Bank of America, Chase, etc. are allowed. A certified check is not required.

EAD fees can be paid by credit card too.

Do not add biometric fees to the H4 EAD check. Calculate the current USCIS H4 EAD fee .

Biometrics is only required for H4 extension and not H4 EAD. If you send the wrong fee, USCIS will reject your application and send it back.

Two identical 2×2 inch photographs clicked within the last 30 days are required for the H4 EAD application.

Write your name and i94 number (OR SSN OR Alien registration number) on the back of the photograph with a light gray colored pencil .

The admission record number on H4’s i94 fetched from the CBP site is what should be written on the back of each photo.

Do not send an old photo with the I-765 application as USCIS will send RFE to submit new photos . This will increase your H4 EAD processing time.

#3 How to file H4 EAD using Form I-765

Download and fill USCIS i765 form . You can also use our app to fill out the form. The app validates and checks all form fields to make sure you do not make any mistakes.

You can use this app to fill the form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS:

#4 H4 Status Proof

• Copy of H-4 visa holder’s most recent I-797 Approval. If an H4 extension has been approved recently, use the extension approval. OR
• Most recent H4 i-94 copy. If an H4 extension were approved recently, the new i94 would be attached to your H4 extension approval (i797) notice OR
• A Copy of the pending H4 extension if it has not reached any result yet.

#5 Government-issued Photo ID Document

• Copy of Passport’s front (with Photo) and back pages (with address) OR
• Copy of USA H4 Visa stamp page from the Passport OR
• A copy of your last EAD – Both front and back (if any) OR
• A birth certificate with a photo ID. For example, an Indian (or Chinese) birth certificate will work only if it has a photograph. OR
• Any other national identity document with a photo. US State ID or Driving License is NOT acceptable.

#6 H4’s Relationship with H-1B

A copy of your marriage certificate in English is required to prove the H4 dependent’s relationship to primary H1B.

#7 H4 EAD Eligibility Proof

Primary H1B spouse’s  I-140 i797c approval notice is required to prove H4 EAD eligibility.

If your employer has not shared the I-140 approval copy with you, use the USCIS FOIA request to get I-140 details .

#8 Current H4-EAD copy for Renewal

An existing EAD copy is required only if you already have H4 EAD and you are applying for renewal or extension.

Only a black color ink pen is allowed as USCIS uses computer scanning to read forms.

Do NOT staple the documents. Use a paper clip to bind them together.

#9 Form G1145 (Optional but recommended)

Use form G1145 to let USCIS send you an SMS or an email once they receive your application. Attach this form at the top of the EAD application package.

If you are filing H1B, H4, and H4 EAD applications concurrently at the same time in the same package, you can write this in question 29 on form i765 :

• “Filed Concurrently” OR
• Leave Blank OR
• Write the current approved H1B receipt number

All three options have been tried and tested and all of them work fine. Our recommendation is to write “ Filed concurrently ” in Q29 or use our app and it will handle all text automatically.

Don’t worry about the limited space to write it. You can just write with free handwriting.

The document list is the same for H4-EAD renewal or extension as for the new H4-EAD application mentioned above.

The start date for the H4 EAD extension may be in the future.

Example, If your H4 expires in Sep, and you applied for renewal in Mar, of the same year, your extended H4’s start date may be Sep instead of March.

It is on USCIS to give a current start date or future one (that correlates with your current H4’s expiry date).

To fill up the i-765 form, we would consider the most recent H4 approval irrespective of its start date.

Based on it, your i94 number and primary H1B i797 approval receipt number will be decided while filing the i765.

If you do not currently have SSN, select ‘No’ on Q 13.a. and then select ‘Yes’ on Q 14 and Q 15. You will have to fill Q 16.a., 16.b. with your (H4’s) father and mother’s name to get an SSN card.

Your SSN card will be automatically generated after your EAD is approved within 3-4 weeks and mailed by USPS.

The current H4 EAD processing time is 2 to 7 months. It changes every month with each USCIS service center. 

H4 EAD Eligibility category code is C(26).

You will receive your EAD card within 1-7 working days after the New Card is Being Produced case status.

Write H1B primary’s most recent I-797 receipt number on the H4 EAD application form I-765 question 29. This is not the I-140 approval receipt number.

You should write an i94 number from the most recent H4 approval (i797 form) on the H4 EAD application form Question 21a. Use this start date without any issues even if it is in the future.

Choose option 1.a. for Question 1 on the H4 EAD form if you are applying for EAD for the first time. For H4-EAD renewal applications, choose the renewal option as 1. c. If you had any kind of EAD before (like L2-EAD), then you can consider H4 EAD as a new EAD.

You can apply for H4 EAD renewal 180 days before the current EAD card expiry. USCIS allows us to file H4 EAD with H1B Amendment and H1B transfer applications even if the current card is valid for more than 180 days.

You should write the name of the Airport or border that you used to enter the US. For some people, this airport might be a non-US airport like Abu Dhabi where they complete the US immigration process at Abu Dhabi airport itself. I would suggest writing either the “ Port of Entry/Exit” as “MAA – ABU DHABI INTL ” or the name of the US airport where you landed first. For example, if you landed at Washington Airport after completing the immigration process at Abu Dhabi Airport, your i94 record will show the “MAA – ABU DHABI INTL” as the port of entry. You can then either write “Washington Airport” or “MAA – ABU DHABI INTL”.

You can write ‘N/A’ or leave it blank for H4 EAD applications.

You can file H4 EAD while the H4 Extension is pending .

You can travel while H4 EAD is pending .

H4 EAD can work if the current card has expired and the H4 i94 is valid under the new USCIS automatic extension rule .

H4 EAD allows you to open a business with no restrictions. Many H1B spouses become real estate agents or buy rental properties in the USA.

Check the USCIS address to mail the H4 EAD application using the H1B receipt number. The first three letters of the H1B application number IOE, EAC, LIN, SRC, and WAC decide the mailing address.

You should use the H4 extension filing address for form i539 if you are filing H4 and H4 EAD together.

Send New H4 i94 to USCIS for EAD Auto Extension? (Interfile Cover Letter)

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Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade?

USCIS H1B Extension Documents Checklist, Sample Work Itinerary

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Employment Authorization for Certain H-4 Dependent Spouses

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization , if the H-1B nonimmigrant:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker ; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling.

Visit our H-1B Visa page for more information on eligibility for the H-1B program.

You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers ; or
• Has been granted H-1B status under sections 106(a) and (b) of AC21. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation.

You must file Form I-765, Application for Employment Authorization , to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence.

Carefully follow these steps to prevent your application from being rejected and returned to you:

• If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. Follow the Form I-485 filing instructions to avoid processing delays.   
• If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26).
• Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.

If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. The translator must also certify that they are competent to translate from the foreign language into English.

When filing Form I-765, please mail it to the proper location based on the chart below.

For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together

You will not be authorized to work until USCIS approves your Form I-765. Once your employment authorization is approved, the expiration date on your Employment Authorization Document (Form I-766 EAD) should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. Generally, you are only authorized to work through the expiration date on your EAD. If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. You cannot file for a renewal EAD more than 180 days before your original EAD expires

You may qualify for automatic extension of your existing employment authorization. See our Automatic Employment Authorization Document (EAD) Extension page for more information on this automatic extension.

Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams .

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How to apply for h4 ead first time: guide to the h4 ead application.

Hello! If you're considering applying for an H4 EAD for the first time, I'm here to guide you through the H4 EAD application process. I'll cover H4 EAD eligibility, the H4 EAD document checklist, how to fill out the I-765 form, H4 EAD processing time, and highlight some common mistakes.

Table of Contents: H4 EAD Process

H4 ead application process for first-time applicants.

H4 EAD Eligibility Criteria

USCIS Guidelines

H4 EAD with Approved I-140

H4 EAD with Pending PERM or I-140

H4 EAD Document Checklist for First-Time Applicant (or Renewal)

H4 ead check sample, file form i-765 for first-time applicant, i-765 filing address, h4 ead processing time, common mistakes to avoid when applying for h4 ead for the first time, faqs on the h4 ead process.

I'll walk you through the renewal or extension process, which should begin 180 days before your current EAD's expiry. Feel free to reach out with any questions – I'm dedicated to making your H4 EAD application process as smooth as possible!

Overall, I will explain the following in detail, covering all the aspects of the H4 EAD process. If you think I should add something, feel free to provide feedback in the comments section below, and I will try to add those details to the best of my knowledge.

First, we will check the eligibility criteria.

Next, gather the necessary documents required for the H4 EAD application.

After that, we will fill out form I-765.

Submit the H4 EAD application.

Wait for USCIS processing and approval.

Receive H4 EAD card (and SSN if applicable).

Go through FAQs about the H4 EAD application process.

H4 EAD Eligibility Criteria for First-Time Applicants

Before we jump into H4 EAD eligibility criteria, note that

You can file H4 EAD only when you are physically present in the US

You don't need any job offer to apply for H4 EAD

You can not file H4 EAD online, this can be done only by mail. F1 visa holders are eligible for online application though, you can read this in detail in this blog.

USCIS Guidelines for H4 EAD Eligibility

Primary H1B visa holder should have an approved I-140.

If primary visa holder is on H1B status under AC21 sections 106(a) and (b) i.e. your H1B has been extended beyond 6 years and you have PERM filed (pending or approved) and I-140 filed (pending or approved) for over 365 days, then also you are eligible to file H4 EAD. I would recommend consulting your employer/ attorney for this special case.

If you are the principal beneficiary of an H1B visa holder with an approved form I-140, Immigrant Petition for Alien Worker then you are eligible for H4 EAD. For example, children (unmarried) under the age of 21 and spouses of H1B visa holders are eligible for H-4 status, and so for H4 EAD.

Related: Change of Status from H1B to B2

So if your primary visa holder is on a valid H1B status and has an approved I-140 (either from your current employer or past employer, just make sure it's not revoked by checking the status online ) and your visa type says H-4, you are good to take benefit of H-4 EAD.

H4 EAD with Pending PERM or I-140 (H1B > 6 years)

If the primary H1B visa holder has been granted an extension on H1B after six-year under the AC21 act i.e. you are in your 7th year of H1B and your PERM is pending for more than 365 days then also you can apply for H4 EAD.

Related: B2 visa for parents

If your PERM is approved but I-140 is pending, still you can apply for H4 EAD. This happens when there is a massive backlog in USCIS processing for PERM or I-140, sometimes it takes 1-2 years for approval.

Reference : Under AC21 § 106 , an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for an immigrant worker (Form I-140) has been filed on the alien's behalf.

Once you know that you are eligible to file for H4 EAD, let us see what documents you would need to file I-765 by mail. There is no online H4 EAD application process yet, as mentioned earlier, as of now online is mainly for the F1 category only.

H4 EAD fees: The fee is $520. You can pay with a money order, personal check, or cashier’s check or by credit card using  Form G-1450 , Authorization for Credit Card Transactions. If you want to pay by personal check, cashier's check, or money order, you must make your check payable to the "U.S. Department of Homeland Security".

Recent photographs : You would need 2 passport-size recent photographs. Mention the I-94 number on the back of the photograph with a pencil. See how you can print passport-size photos using your phone .

Form I-765: The eligibility category will be c(26) for H4 EAD.

Legal status proof: You would need the most recent I-94 form and your I-797 approval notice.

Photo ID: Passport (front and back pages), visa stamp copy, or EAD copy (EAD copy is not for the first-timer, but in case you are renewing). Your DL or State ID will not work for the photo ID requirement.

Relation to primary H1B holder : A copy of your marriage certificate in English.

H4 EAD eligibility: Copy of H1B spouse's I-797 approval notice for form I-140.

Form G-1145 (optional): This will help notify you via text or email. You can download it here .

Cover letter (optional): This is also optional but it will help an officer to understand your case better. You can refer to this for writing.

Even if you are applying for renewal or extension, the above document checklist will remain the same.

For Renewal: If you have a USCIS notice from your last EAD, you would have received a notice with sample bar codes that can be used for extension, and that will help USCIS officers speed up your application. Please include it if you still have it. If you don't have it, it's not mandatory to include it.

After filing for renewal, you might be eligible for an automatic EAD extension, you can read about this in the following blog.

Related: H4 EAD automatic extension, 180 or 540 days?

I am attaching a sample check so that you can verify it. The H4 EAD fee is $520 and your check should be payable to "U.S. Department of Homeland Security". Don't forget to date and sign it. At the back of the check (optional), you can mention the applicant's I-94 number with a light pencil.

You can download the latest version of the I-765 form from the USCIS website. There is also documentation on I-765 instructions which is very simple to follow. The H4 EAD category code you need to use is c(26).

Download and print the I-765 form from the link provided. Select reason for applying: Initial permission if you are a first-timer or Renewal for extension or Replacement for lost cards.

Fill in your personal information: If you have a single name, use FNU in the given name and your actual name in the Last name. Read more about FNU's name here .

You can also apply for an SSN card if the applicant doesn't have one. Just select "No" for 13.a. and then select "Yes" for Q14 & 15 and provide your father's and mother's names in Q16 & 17.

Choose the H4 EAD eligibility category as c(26) on question 27.

Provide your signature: Sign and date the form.

Pay the filing fee: I always preferred to pay via check.

Mail: Mail the completed form with supporting documents via USPS, UPS, FedEx, etc. USPS will be the cheapest option.

Note: To organize the documents, I recommend using file binders with tabs , labeled and numbered. This will help USCIS officers to easily understand your EAD application. Arrange the documents following the structure outlined in the sample cover letter .

I-765 filing address will depend on your eligibility category, (c)(26), and H-1B I-797 approval notice initial three letters, refer to the USCIS website . Please re-verify these addresses before dispatching your documents as this might change in the future.

Wait for the USCIS decision. You can track the status here . You will receive the SSN card via mail after EAD is approved.

You will also get electronic alerts from time to time if you have filed the G-1145 form along with the I-765 application.

Four service centers process H4 EAD applications under the c(26) category. The current H4 EAD processing times for 80% and 100% of cases (standalone applications) are shown below.

The above data is frequently refreshed from the USCIS website. You can bookmark ⭐ or save this page.

H1B, H4 COS, and H4 EAD:  You may speed up the processing of your H4 EAD if you apply for an H1B extension for the primary visa holder along with a Change of Status (COS) to H4 under Edakunni Settlement. For detailed information, you can read more about this process here .

Expedite request:  You can explore the option of expediting the H4 EAD application based on humanitarian reasons. There are no fees for this service, but the consideration of your case depends on the reason you provide and USCIS's discretion. For more details, you can read about it here .

If you send the wrong fee, USCIS will reject your application. Pay the exact fees needed.

Biometrics fees would not be required for H4 EAD.

Do not use a short abbreviation like "USCIS" while writing (payable to) the check. USCIS will reject it.

I always preferred to personal check to make payments because that way you can also see if you are application is getting processed, just keep checking your bank balance and when $520 is deducted. Fees have changed recently to $520.

If your photographs are not recent (older than 6 months) then our application will be rejected.

Do not wear a white shirt/ top and the background should be off-white.

Do not forget to sign and date the I-765 application form before you mail it.

While mailing the application, first keep the check on top, second, photograph in a small envelope, then form G-1145 (optional), cover letter (optional), and then I-765 and the rest of the supporting documents.

Use a nice numbered file folder like below to post your documents.

Do not staple the documents, use paper clips if needed.

Can I file H4 EAD online?

No, currently H4 EAD can be done only via mail and the online facility is not available for H4 applicants.

Can an H4 visa holder work in the USA without EAD?

No, you must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-765) from USCIS before you may begin working.

How to track the status of your first-time H4 EAD application?

Once you receive the receipt number, you can track your application on the USCIS website. It's the same process as checking any other case on USCIS.

What is the current processing time for H4 EAD?

As of Jun 2024, H4 EAD processing time is between 5 to 10.5 months . USCIS provides an estimated processing time range for I-765 applications on its website, which is regularly updated. You can find it here .

What is the alien number on the I-765?

If you have previously held an H1B, OPT, or any other type of Employment Authorization Document (EAD), you can locate your alien number on those documents. The alien number is the same as the USCIS number on the EAD card. If you do not have an alien number, please leave this field blank.

Is there premium processing for the H4 EAD application?

No, there is no premium processing for H4 EAD. However, as explained earlier, you might be able to speed up your H4 EAD application:

If you need to file an H4 COS, H EAD along with an H1B extension (in premium).

Or you can submit an expedited request based on Humanitarian reasons.

What will happen to H4 EAD if I change employer?

There is no impact on an H4 EAD if you change your employer, become jobless, or take an employment gap, as long as the primary H1B visa holder has maintained valid H1B status.

There is no impact on an H4 EAD even if the H1B visa holder changes employers; however, this should be done within the 60-day grace period. If the H1B visa holder is unemployed beyond 60 days, then the H4 EAD automatically becomes invalid.

Am I eligible for H4 EAD automatic extension?

You might be eligible for a 540-day or 180-day automatic EAD extension depending on when you filed your I-765 EAD renewal application. Read more .

Next: Expedite H4 EAD

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Samples of cover letters for EAD application

Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States. When writing an EAD cover letter, these are some of the essential things to include in your letter:

Mailing Address

City, State, and Zip Code

A-Number: [Your Alien Registration Number]

On [insert date] I was granted an H4 Visa based on my husband [insert spouse name] status a valid H-1B Visa holder with an approved I-140 Immigrant Petition.I am now seeking an Employment Authorization Document [EAD] to lawfully be able work in the United States.

[Insert Name]”

Enclosed please find my client’s completed application for employment authorization  and the following documents: 

Thank you for your attention to this matter. Please do not hesitate to contact me if you have any questions on this matter. 

Sincerely,”

“(Your Complete U.S. Address) 

2501 S. State Hwy. 121 Business 

To Whom It May Concern: 

Enclosed, please find my application for J-2 employment authorization. 

My spouse is currently a J-1 Exchange Visitor in the Department of ____________ at the State University of New York at Buffalo. S/He earns $______ per _____. Our monthly budget is as follows: 

My spouse is currently a J-1 Exchange Visitor in the Department of ____________ at the State University of New York at Buffalo. S/He supports him/herself through [personal funds/scholarship] in the amount of $______ per _____. Our monthly budget is as follows: 

Utilities $___ (specify what you are including gas, electricity, water, etc.)

 Food $___ 

Health Insurance $___ 

Miscellaneous $___ (specify: clothing, recreation/entertainment, child care, etc.) 

TOTAL $___ 

As this budget shows, my spouse [makes/has] enough money to support her/himself and to cover our day-to-day expenses. However, there is very little left for additional or extra expenses. While in the United States, I would like to: [List some items for which your earnings might be used:] 

– travel to tourist sites in the U.S. and Canada 

– enroll in an English course 

– pursue further studies in _______________ 

These plans require that I work to earn money for these additional expenses. [OR Explain why you wish to work] 

– because I have been offered an opportunity to work as a _______________ 

RE: [NAME], A#: [NUMBER] 

I-765 Application for Employment Authorization 

Category (c)(8), No Fee Required – ASAP Member 

Enclosed please find documents in support of my application for employment authorization, Form I-765. I submitted my asylum application, Form I-589, on [DATE]. I am a member of the Asylum Seeker Advocacy Project (ASAP) and am including a copy of my membership card. 

I am filing my first I-765 application under category (c)(8), for asylum applicants. No fee is required for employment authorization applications in this category, and I am not required to pay the $85 biometrics fee because I am a member of ASAP. 

The following documents are enclosed in support of my application for employment authorization: 

• Form G-1145 

• ASAP Membership Card 

Frequently Asked Questions:

What must be in an ead cover letter, how long should an ead cover letter be.

The cover letter should be one page.

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Home > Blog > H-1B Visa

H4 Visa EAD FAQs | Common H4 EAD Questions Answered

Last Updated On: January 17, 2024 | Published On: September 15, 2022

On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. We’ve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit . Below is our H4 visa EAD FAQ series based on information released by USCIS.

H-4 Visa Background

The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. This visa status is contingent upon the principal H visa holder’s status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders.

While being able to bring a spouse over to live with you during your H-1B stint is a great benefit of the visa, having that spouse be able to earn an income can be vital to the success of your endeavors in the country. 

Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. However, there are stipulations to the rule that must be taken into consideration when applying.

EAD Rule Requirements

In order to qualify for employment authorization documents, there are two main criteria. First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status.

Learn the similarities and differences between an  EAD card vs Green Card.

H-4 EAD FAQ – Frequently Asked Questions Answered

This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. Any situations not addressed below should be addressed with a qualified immigration attorney.

Q. What is a C26 EAD?

A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document.

Q. What is the H4 EAD application fee?

The H4 EAD application fee is $410. You can see a line-by-line breakdown of the individual components of this in the chart further down.

Q. Is this the only opportunity I have to apply?

Fortunately, this is not a one-time opportunity. As an H-4 immigrant who receives an EAD, you are able to renew your authorization for as long as you maintain eligibility in accordance with 8 CFR 214.2(h)(9)(iv).  There also isn’t a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements.

Q. Am I required to be in the U.S. in order to apply for an EAD?

In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. Therefore, you must be in the U.S. to apply.

Q. If my spouse’s I-140 petition was revoked by USCIS, am I eligible for an EAD?

The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. If for whatever reason the USCIS revokes this petition, you would not qualify. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21.

If you have already received your H-4 EAD and your spouse’s I-140 is revoked, then your employment authorization will remain valid until it expires. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140.

If your spouse loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. After that, both you and your spouse will be considered out of status and your EAD will be invalid.

Q. If a previous employer approved my spouse’s I-140, do I qualify?

The regulations state that your H1B spouse needs to just have an approved I-140. It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. With that being said, it shouldn’t be an issue if it was filed by a previous employer.

Q. What if my spouse has advance parole?

Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD.

Q. Is my H-4 EAD card tied to a particular I-140?

Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouse’s name. Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD.

Q. How can I renew my H-4 EAD?

The USCIS says on its site that, as long as you are still eligible for employment under the H-4 visa (meaning that your H-1B spouse still has an I-140 petition approved with the USCIS), then you can file a new I-765 form within 180 days of your EAD’s expiration. It is not advisable to file more than 180 days before this date.

As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization.

Q. What if I lose my EAD?

If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. This is done the way that you would get a renewed card. Just file a new I-765 along with the filing fee to replace your card.

Q. Is there an H-4 visa interview?

Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate.

Some sample questions for the H-4 interview might include:

• Do you plan to work in the U.S.?
• How long have you and your spouse been married?
• Where do you plan to live in the U.S.?
• What does your spouse do for a living?

These are just some questions that may or may not appear in your interview. The best advice is to answer honestly and to say that you don’t know the answer to a question if you are unsure. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Speak with your immigration attorney to learn how you can best approach your interview.

Q. Am I permitted to work anywhere after receiving employment authorization?

One of the biggest advantages of gaining employment authorization through your H-4 status is having unrestricted work authorization which means you are not limited to a specific employer and can even consider self-employment.

Q. How long is my H-4 EAD validity period?

Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period.

Your H-4 visa status is tied to your H-1B spouse’s status. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six.

Q. What is the whole H-4 EAD timeline?

The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. There are many factors that go into the H-1B processing time including whether your spouse’s petition is cap-subject or cap-exempt, how busy the USCIS service center is, whether your spouse used premium processing. You can check service center H4 EAD processing times here.  

Q. If I choose to start my own business can I employ other individuals?

Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status.

Q. Would I be able to file an H-1B petition, H-4 change of status and EAD application all at the same time?

You can file Form 1-765, along with Form I-539 and the I-129 at the same time. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouse’s eligibility for status.

Q. What sort of documentation is relevant to provide as evidence for EAD eligibility?

A number of documents are necessary when demonstrating proof of eligibility. You’ll need:

• Evidence of H-4 nonimmigrant status
• Evidence of a bona fide relationship (i.e., marriage certificate)
• H-4 holder’s I-94 copy
• Copies of passports
• Copy of spouse’s I-94
• H-4 spouse’s approved H-1B notice

Additional details regarding the requirements can be found here .

Q. What are the H-4 EAD fees?

The H-4 visa requires you to submit a DS-160 form , which means that you will be responsible for a $190 fee. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization . This will incur an H-4 EAD visa fee of $410. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495.

Q. Is the H-1B employer responsible for the fees?

No. Unfortunately, you will be responsible for all H-4 fees. Neither your employer nor your spouse’s employer is obligated to pay them. However, they may do so if they choose EAD.

Q. Do I need to prove that my EAD is an economic necessity?

No, you do not need to show that working is a necessity for your financial stability in the U.S.

Q. What is the H-4 visa EAD processing time?

Each case varies depending on the service center that is processing the petition. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. This time could be increased if your service center is busier than usual or if you are served a Request for Evidence or Notice of Intent to Deny.

Q. Is there H-4 EAD premium processing?

Unfortunately, premium processing is not available for Form I-765. It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouse’s H-1B or green card petitions. 

In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances.

Q. Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765?

According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. The date of your EAD will, be valid from the date your I-765 is adjudicated or the date in which you acquire H-4 status (whichever is later). Likewise, the EAD expiration date will be when your H-4 status expires.

Q. Can I expedite H4 EAD processing?

You can request expedited processing if you can demonstrate to USCIS that you would sustain a financial loss or urgent medical situation related to the processing of your H4 EAD status.

Q. How long does it take once USCIS approves my H4 EAD before I receive a card?

It can take approx. a week to ten days to receive your card. You will see the status say, “sent for printing”.

Q. If I don’t have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN?

You are not permitted to work with an ITIN number . Wait for your Social Security card to arrive (takes about 5-6 weeks).

Q. Am I allowed to work on an expired H4 if I have one pending with USCIS?

The H4 EAD category C26 is not eligible for the 180 day automatic extension. You will need a physical card per I9 compliance to work. Other EAD categories (not H4) are eligible for the 180-day extension.

Q. How long does a Request for Evidence take?

Receiving a request for evidence can surely add time to your case. It’s best practice to respond as early as possible and discuss it with your immigration attorney.

Q. Will I be able to use the EAD to enter/exit the United States?

An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. If you leave the country and want to reenter you must have a valid passport and H-4 nonimmigrant visa (or another travel document) with you.

This H-4 EAD FAQ series is intended to act as a guideline for filing. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation .

Q. Is there a limit to how many H-4 EADs are issued?

No. Fortunately, unlike the H-1B visa , there is no annual cap to the H-4 EAD. So there is no need to worry about having your petition rejected on that account.

Q. Can I travel while my petition is being processed?

While it is possible for you to travel without directly jeopardizing your status, it is usually not recommended to do so until your EAD has been approved. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny . If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD.

Q. Is it necessary to be in the U.S. to apply?

Yes. The only way to get employment authorization, in this case, is to already have H-4 status. Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD.

Q. Can I get a green card from an H-4 EAD?

Yes, you can. The H-4 visa is considered a “dual intent” visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. There are a few ways to go about obtaining your green card while on an H-4 visa:

• If your spouse has an approved I-140 filed with the USCIS (which they will need if you are to qualify for an EAD), then you can wait until your spouse obtains their green card so that they can sponsor you for an F2A green card. 
• Your spouse can obtain citizenship in the U.S. after obtaining their green card and then sponsor you for a marriage-based green card for a much faster process.
• To qualify for an EB-1, you need to be an outstanding researcher or professor or you must be an executive or manager in a multinational company.
• To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work.
• To qualify for an EB-3, you must either have a bachelor’s degree or otherwise be a skilled or unskilled worker. The job you are filling must be permanent and not seasonal.
• The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2.
• If you have a significant sum of money to invest, you may qualify for an EB-5 green card , which grants permanent residence to foreign nationals who invest $900,000 or $1.8 million in a U.S. enterprise.

Q. What if I had EAD through another visa?

Some other nonimmigrant visas allow you to work in the U.S. automatically, such as the O, E, and L class visas. Employment authorization is incorporated into the visa itself, even for spouses. However, the situation is different for the H-4. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4.

Alternatives to the H-4 EAD

While this rule is very advantageous to the spouses of H-1B holders, it may not last forever. The rule has come under the administrative spotlight over the past several months, meaning that a day may soon come when H-4 holders are no longer able to apply for work authorization. In a situation like that, you need to know what your alternatives are.

The first and most viable solution is to obtain a work visa yourself. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. If you are from Mexico or Canada, you can apply for the TN visa, though the list of available occupations for this category is relatively short.

Alternatively, your spouse can attempt to change his or her nonimmigrant status to a visa that permits spouses to work such as the O or E class visas. These visas in particular also allow dependents to work in the U.S. Keep in mind that changing one’s status can be tricky, especially when you have an approved I-140 pending with the USCIS.

How We Can Help

The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. Learn more by scheduling a consultation today !

VisaNation Law Group attorneys can better explain the H-4 EAD FAQs during your initial consultation. They have a thorough knowledge of the H-1B process and this new EAD rule. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today.

Tags: EAD , H-1B Rules , H-4

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H4 & H4 EAD: Frequently Asked Questions

What is an H4 visa or H4 status?

An H-4 visa or H4 status is a non-immigrant visa/status category for dependents (spouse and children under 21 years of age) of H-1B visa holders (temporary workers in a specialty occupation). It allows them to accompany or join the H-1B visa holder in the US.

What is an H4 EAD?

An H-4 EAD (Employment Authorization Document) is a work permit for spouses of H-1B visa holders. It allows eligible H-4 dependents to work in the US while the H-1B visa holder is in valid status.

Who qualifies for an H4 EAD?

To be eligible for an H-4 EAD, an individual must meet the following criteria:

• Be the spouse of an H-1B nonimmigrant who is the principal beneficiary of an approved Form I-140 (immigrant petition for alien worker) ;
• Be in H-4 nonimmigrant status; and
• Not have any other work authorization in the US

How is my H4 affected by the Edakunni Settlement (January 2023)?

Under the Edakunni Settlement, USCIS has agreed to adjudicate your H4 and H4 EAD at the same time as the adjudication of the principal’s H-1B petition IF the H4 and H4 EAD applications were filed concurrently with the H-1B petition. 

This settlement will not apply to you if the H4 and H4 EAD applications were filed separately or after the filing of the principal’s H-1B petition.

Can I remain in the US while my H4 application is pending?

Yes, you can remain in the US while your H-4 application is pending. However, you must maintain your current nonimmigrant status while your H-4 application is pending. If you have a valid H-1B spouse, your eligibility to remain in the US is generally tied to their H-1B status. If your H-1B spouse’s status is valid, you may continue to remain in the US while your H-4 application is pending. If your H-1B spouse’s status changes or becomes invalid, your eligibility to remain in the US will be affected.

Can I continue to work on H4 EAD if I file a renewal application for EAD timely?

If you file a timely renewal application for your H-4 EAD, you may be eligible for a period of work authorization while your renewal application is pending. This is called “automatic” extension of work authorization. However, the length of the automatic extension is only valid up to the expiration date of your current I-94. You must stop working the day of expiration of your current I-94. 

Can I study while on H4 or while my H4 is pending?

Yes, you can study while on H-4 visa or while your H-4 visa is pending. H-4 dependents are permitted to study in the US, but they are not allowed to work unless they have a valid H-4 EAD. Studying while on H-4 visa does not impact your immigration status, as long as you maintain your H-4 status and comply with all requirements to maintain your H4 status.

Can I work for any employer with my H4 EAD?

With an H-4 EAD, you can work for any employer in the US in any job that is not prohibited by law. You are not restricted to working only for your H-1B spouse’s employer. However, you must ensure that you have a valid EAD during the entire period of your employment. Additionally, you must maintain your H-4 nonimmigrant status while working in the US.

Can I open a business/company with my H4 & H4 EAD? 

Yes, you can open a business/company while on H-4 visa or with an H-4 EAD. However, opening a company does not change your immigration status from H-4 to an entrepreneur or business owner. As an H-4 dependent, you are still subject to the restrictions of H-4 status, including the prohibition on working unless you have a valid H-4 EAD. Additionally, you must comply with all relevant immigration laws and regulations, as well as state and federal laws related to starting and operating a business in the US.

Overstaying my H4 status, what could happen?

If you overstay your H-4 status, it could have serious consequences for your future immigration prospects in the US. Overstaying your visa means that you have stayed in the US longer than the period of time authorized by the US government. This could result in a bar from entering the US for a specified period of time, or could even make you ineligible for future immigration benefits.

Additionally, overstaying your H-4 visa could also impact your ability to adjust status to a different immigration category, such as permanent residence, in the future. It could also negatively affect any future applications for work authorization or other immigration benefits.

If you have overstayed your H-4 status, it is recommended to consult with an immigration attorney for guidance on your specific situation and available options. In some cases, it may be possible to regularize your status through a process such as a change of status or extension of stay, or through a waiver of inadmissibility. However, these options are subject to specific requirements and criteria, and the availability and outcome of these options will depend on your specific circumstances.

What could happen if I continue to work without a valid H4 EAD?

Working without a valid H-4 EAD is a violation of H-4 visa status and is considered unauthorized employment in the US. Engaging in unauthorized employment could result in serious consequences for your immigration status, including, but not limited to, denial of future immigration benefits, including work authorization, fines, and even removal (deportation) from the US.

If you have worked without a valid H-4 EAD, it is recommended to consult with an immigration attorney for guidance on your specific situation and available options. Depending on your circumstances, you may be eligible for a waiver of inadmissibility or another form of relief. However, these options are subject to specific requirements and criteria, and the availability and outcome of these options will depend on your specific circumstances.

If you are interested in applying for an H4 visa or H4 EAD, get started by consulting with an experienced immigration attorney.

By : Felipe Jimenez

Felipe Jimenez  is an Associate Attorney at Reddy Neumann Brown PC. He works in the H-1B Department where he assists clients through all phases of the non-immigrant visa process.

Reddy Neumann Brown PC has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.

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How to Apply for H4 EAD? New, Renewal? Biometrics?

In general, H4 Visa holders, who are dependents of H1B visa holders, cannot work in the US. But that changed with the H4 Visa EAD rule  that was effective from May 26, 2015. H4 EAD (Employment Authorization Document) essentially gives H4 visa holders the ability to work in the US, if they qualify based on certain conditions. This article covers requirements for H4 EAD, the step-by-step process to apply, new guidelines on biometrics, and common FAQs.

H4 EAD Requirements – Who can apply for it?

The US Department of Homeland Security(DHS) gives employment authorization (EAD) to work in the US for certain H4 Visa holders, whose spouses on H1B have satisfied one of the below two conditions:

• Have an approved I-140 form , which is the immigrant petition for foreign citizens to get Green Card or Permanent Residency in the USA.
• Have H1B visa status extended for the spouse beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in the US beyond 6 years, if their Green Card or Permanent Residency Application is Pending with the USCIS.

You can file for H4 EAD if you satisfy any of the above two conditions. There were some plans in the past to remove H4 EAD, but after the Biden administration took office, they withdrew the regulation that was aimed at H4 EAD removal from their regulatory list. Also, the H4 EAD lawsuit was dismissed in court and DHS won the same. So, you are good to file H4 EAD. Check H4 EAD Rule Removal – Lawsuit, Court Updates 

H4 EAD Documents Checklist

You need the below documents and information with you, to file H4 EAD with USCIS.

• H4 EAD Fee : H4 EAD Application Fee check for $520 USD payable to “U.S. Department of Homeland Security”.   You can also money order, personal check, or cashier’s check to pay for the fee. If you are filing at a USCIS Lockbox facility, you can use credit as well using the form G-1450 authorizing the credit card transactions. No short forms like USCIS are allowed on the Bank Check, you need to put in the full name of USCIS as specified. The H4 EAD application fee went up from $410 to $520 starting from April 2024. Read more at USCIS Fee increase .
• EAD Application form :  Completed form I-765 , which is the application for Employment Authorization.
• ( Optional )  e-Notification form: If you want to get electronic notifications for your application, you can use form G-1145 . You can use this facility only if you are filing your application at a USCIS Lockbox Facility.
• Copy of H4 visa holder’s passport (Front, Back)
• Copy of H4 Visa Stamp page from passport (if available)
• (optional) Copy of Birth Certificate with photo in it.
• If you are applying for H4 Renewal, your previous H4 EAD Card copy – front and back .
• National identity card from your home country like a Voter card, or Aadhar Card (if you are an Indian)
• (If applied for H4 Extension/COS in the US) Copy of the most recent I-797A approval form, which is the H4 Approval Notice from USCIS.
• (If you entered the US using a valid H4 Stamp from US Consulate) Copy of your H4 Visa and the I-94 copy used to enter the US, which can be printed online.
• Copy of I-94 card or electronic copy. Read How to check and Print I-94 Online on DHS Website
• Option 1 – Approved Form I-140: Copy of primary H1B Holder’s I-140 related  I-797 Approval Notice.
• Copy of H1B Holder’s passports and previous I-94s
• Current and prior copies of Form I-797, Approval Notice of H1B Visa
• Proof that your spouse’s PERM was filed at least 365 days before the end of 6 years period.
• If PERM is not needed, then proof of pending Form I-140 that it was filed 365 days before the end of 6 years.
• If your employer has not shared any of the above option 1 or option 2 documents, you can use USCIS FOIA to request your I-140 information and attach the same with the H4 EAD application.
• You need to submit your marriage certificate to prove the relationship with H1B Holder. If it is not in English, you need to get it translated into English by a certified translator.
• Copy of my H1B holders passport
• Photos : 2 color passport photos (2×2 inches passport photos ) taken in the last 30 days. You should write your Name, I-94 number on the back of the photo for identification purposes. If you cannot write properly with a pen, use a pencil.
• Copy of my ITIN number (Individual Taxpayer Identification Number) of H4 Holder.

Translation of Submitted Documents for H4 EAD :

If you submit any documents like a Birth Certificate or National ID as Government-issued photo ID or marriage certificate in a foreign language (other than English), then you need to submit a full English translation along with the translator’s certification that says that the translation is complete and accurate.

Step by Step Guide to Apply for H4 EAD

If you qualify for H4 EAD, you need to follow the below process. All the H4 Visa holders, who qualify for this need to do is :

Step 1: Complete form I-765, Application for Employment Authorization

You should download the latest form I-765 from the USCIS website, along with its instructions, and complete the form. Below are some common application questions, where it is not clear or the user can make mistakes. We do not cover basic questions like Name or Address, rather we cover confusing or error-prone questions only below.

H4 EAD cannot be applied online. There is still no online I-765 form option to file it like F1 OPT for H4 visa holders to file H4 EAD.

• Question 1: If you are applying for a new application for EAD, you would select ‘1.a.’, if you are applying for renewal of H4 EAD, you would select the corresponding box ‘1.c.’. Check the below screenshots. If you have lost the EAD card, then you select ‘1.b.’

• Question 2 – Other Names: If you have other names like a different name before marriage or you had different spellings or anything, you should mention it here.
• Question 8 – A-Number: Usually, most of the H4 EAD applicants do not have an Alien Registration number or A-Number . So, just leave it blank. In certain cases like, if you applied for any other green card or adjustment status application with USCIS, then you may have an A-Number, in such cases, you can fill this field with that number.
• Question 9  – USCIS Online Account Number for H4 EAD : If you have filed any application with USCIS in the past using their online system or USCIS ELIS system, you would have got a USCIS online account number . In such cases, enter that number here. You can find it on top of your profile page once you login to the USCIS system. In general, for most of the H4 EAD applicants, you would NOT have a USCIS online account number, so just leave it blank.
• Question 12 – Previously filed form I-765. : If you are applying for H4 EAD renewal or you have filed F1 OPT or other forms of EAD in past using Form I-765, then you need to check this box as ‘Yes’. If not, it would be a ‘No’.
• Question 13. a – Social Security Number(SSN ): Usually, you would have Social Security Number (SSN) , if you were to work in the US. If you have had SSN as a student in the past, or on H1B before H4, or for some other reason, you should select ‘Yes’. In general, for first-time H4 EAD applicants, this would be ‘No’. But, if you are filing for an H4 EAD extension, then you would answer this as ‘Yes’.
• Question 13.b – Enter SSN. If you answered ‘Yes’ to ’13.a’, then you would enter SSN number here.
• Question 14 – Get SSN Issued: If you never had SSN and want to get one, you should select ‘Yes’ here. For most of the H4 holders, this would be selected as ‘Yes’. It is highly recommended to apply for SSN along with your H4 EAD application as it will help you start work right away after you get your EAD. You need SSN for taxes and other purposes from the employer side.
• Question 15 – Consent to SSN office : If you selected ‘Yes’ for question 14, then you select ‘Yes’ here for USCIS to share data with SSA Office. It is important to do this.
• Question 16, 17 – Parent’s Names for SSN Office : You need to fill in H4 holder’s Father and Mother’s names here, if you have checked ‘Yes’ in Question 14, SSA needs your parents’ information.
• Question 21.a. – I-94 Info : You need to enter your I-94 Arrival/ Departure Record number here. You can get I-94 Online on the DHS website if you arrive via flight or ship. If you arrived by road, then you would have a physical I-94 card and it would have the number on it. Also,  if you have had H4 status extended within the US, then you would have I-94 attached to your H4 approval copy of I797.
• Question 24 – Last arrival visa type:  This is the US Visa type that you used to enter the US most recently. It varies by individual as some arrive on H4, some arrive on F1, some on H1B, etc. So, you need to make sure you enter your status accordingly. This may have changed for some after arrival. e.g : F-1 student, H-4 dependent, H-1B, etc. Your latest I-94 would have the most updated information as well about your status.
• Question 25 – Current Status: This is your current visa status in the US. For most, it is likely going to be an H4 visa. But, for some who are applying for H4 COS (Change of Status) along with EAD, it would be different like F1 student, H1B Visa, etc.
• Question 26 – SEVIS Info: SEVIS Number is not applicable to H4 EAD, it is used by the F1 visa students. You will only use it, if you are applying for H4 COS from F1 status to H4 and applying for H4 EAD as well.

• It is NOT the I-140 approval receipt number, so do not be confused.
• Do NOT enter the H4 holder’s receipt number.
• Question 1.a. – English Language Knowledge: If you understand English and completed the form, you need to check accordingly here, indicating you understand English.
• Question 1.b – Interpreter Info: If you did not fill out the application, then you need to check this box and enter the details of the interpreter.
• You need to sign in the box at ‘7.a’ and enter the date in the ‘7.b’ question. You need to use a Black Ink color pen to sign the form as suggested by USCIS in their form-filling tips.

Step 2:  Package your H4 EAD Application with Supporting Documents

Once you have completed filling out the I-765 application form, you need to gather all the documents, as listed in our above documents checklist, and put them together in a package in a certain order as suggested by USCIS (the first one to be the top). Submit only copies, do NOT send originals.

• Check or money order (on the top)
• Form G-1145 for e-notification (under the check/ money order)
• Form G-28, if an attorney is filing (under the e-notification form)
• Form I-765 application form completed and signed (under the G-28 form or G-1145, if you are filing it yourself )
• Supporting Documentation from the checklist listed in the above section(under the completed  I-765 application form)

Do NOT use any heavy staples to put them together. USCIS recommends that you use paper clips or binder clips.  You can check  USCIS form filing tips  for complete guidance on how to create your application package and guidance on the same. Below is the screenshot from the USCIS form filing tips.

Step 3: Send / Mail H4 EAD Application to correct USCIS Address

Once you have created the application package, you need to mail or post it to the correct USCIS location. The address to send is based on your Spouse’s H1B receipt number and is as listed below.

You should check the USCIS address for I-765 and look under (c)(26) to see verify if the below details have changed to be sure.

Step 4: Get Receipt of H4 EAD, USCIS Processing

Once you send your package to USCIS, you will get a receipt notice confirming the receipt of your H4 EAD application. Check Sample H4 EAD Receipt Notice . On the receipt notice, you would see ‘Receipt Number’. You can use that to check your Case Status on the USCIS website

USCIS will process your H4 EAD application as per the typical processing times for the same form. The application processing times can vary by the location it was filed. Check current & historical H4 EAD processing times at USCIS

USCIS may issue you RFE asking for more information, if something is missing or not clear to them. Keep an eye on the mails, they will send you a copy of what is required.

Step 5: Decision from USCIS, Receive H4 EAD Card

Once USCIS completes processing and approves EAD,  they will send the actual H4 EAD Card. The card will have C26 Category listed on the card. It is also called an I-766 form or EAD Card.

Below is a sample H4 EAD Card. Read the meaning of all the fields on H4 EAD Card, Sample for more info.

Does H4 EAD need Biometrics? Should you include Biometrics fee?

In general, in the past, the Biometric requirement was for H4 visa holders applying for H4 Extensions or other visa holders applying for H4 Change of Status(COS) using the I-539 form. H4 EAD application on its own does not need biometrics. There is no requirement from USCIS to give Biometrics, if you apply for H4 EAD alone using Form I-765.

In the past, before October 1st, 2023, if you were filing for H4 EAD along with H4 Visa Extension or Change of Status(COS) concurrently with form I-539 form in the same package, then USCIS would have needed Biometrics to adjudicate the H4 EAD. But, starting from October 1st, 2023, there is no need for giving biometrics( for most of the applicants) as per USCIS policy change. Also, you do not have to pay the fee as well for Biometrics.

In the past, they could not approve H4 EAD without approval of underlying H4 Application that had Biometrics requirments. So, it was dependent on Biometrics related to H4 Visa Extension or COS. Check I-539 Form Biometrics Requirements for H4 Holders

Update : USCIS suspended the Biometrics requirement for H4 Visa Extensions and Change of Status(COS) starting from May 17th, 2021 as part of a lawsuit settlement. It was suspended until September 30th, 2023. Read USCIS Suspends H4 Biometrics requirement until Sep 2023 . Eventually, in Septmber 2023 USCIS announced that they are removing biometrics and its fee for most applicants starting from October 1st, 2023. Read more at USCIS removes Biometris and its Fee from Oct 1st, 2023 .

H4 Biometrics Fee : You do not need to include the Biometrics fee, if you are filing H4 EAD application standalone using form I-765.

H4 EAD Premium Processing – Effective date, News

As of now, there is no USCIS premium processing option available for H4 EAD Applications. US Congress passed HR 8337 Bill that added the provision to give premium processing for various forms like I-539, including I-765 form for EAD.

On March 30th, 2022, DHS published a final rule to implement premium processing for H4 and H4 EAD holders. As per the regulation, they plan to implement the premium processing option by 2025. There is no exact date given yet. See below Check H4 EAD Premium Processing Option News updates for more info.

540 Days automatic Extension for H4 EAD extensions

USCIS  announced in March 2022  its goal to streamline the overall processing times and reduce the backlogs for all types of applications by end of FY 2023. As part of that initiative, USCIS published a temporary final rule in the federal register that increased the automatic extension duration for H4 EAD Applicants from 180 days to up to 540 days. You can read the full details at USCIS EAD Automatic Extension 540 Days Rule

Common FAQs on H4 EAD 

The H4 Visa holder can start working only after their I-765 form is approved by USCIS and they receive the EAD Card. You can check out many of the common   H4 Visa EAD FAQs – F1 to H4 COS, H1B to H4 COS, I-140 Revoked

Yes, you can technically travel outside of the US to any country, after filing your H4 EAD application, but USCIS recommends not to travel to handle the RFE, Receipt notices, any requests to visit application centers, etc. They say that the process could get delayed if you get an RFE, or if they need something from you. It will just delay and you will have to come back for the same. If there is no RFE or anything, you should be fine to get the H4 EAD card to your address in the mail.

Well, this is a tricky situation, and not usually recommended to travel outside of the US.  The reason is that USCIS will abandon your H4 Change of Status (COS) application as your I-94 details change, subsequently USCIS may also deny  H4 EAD. The recommended approach, if you have to travel is to get your H4 COS done first, then apply for H4 EAD and maybe travel after that as it is less risky and has more logistics issues to deal with.

You can get them at Costco, Walgreens, or any of the passport photo location for H4 EAD. It costs 9.99$ at Costco for 4 photos and at Walgreens, it costs 14.75$ for 2 photos.

No need. In general, giving biometrics was only required for H4 application and not for H4 EAD. Starting from Oct 1st, 2023, that is even removed for H4 applications.

No, H4 EAD is only for Spouses, children are not eligible.

No, you need to be in the US and on H4 visa status to apply for EAD application.

You can apply only 180 days before the expiry of your current EAD document. There are some cases, where some were able to apply before 180 days for H4 EAD and were successful. The reason they did that was considering the long processing times of the H4 application extension or COS.

Yes, you can apply for renewal anytime during the 180 days before your expiry of H4 EAD with a future date example, if let’s say your expiry is in July, you can apply in February for the same to have an effective date for renewal in July. Your Validity of the H4 EAD will be tied to the H4 validity and H1B of your Spouse.

The H4 EAD filing fee is $520 USD . The fee went up from $410, starting from April 2024. You can submit a check or money order that is drawn on a bank that is located in the USA and payable in USD. The check or money order should be payable to “ U.S. Department of Homeland Security ”. DO NOT use short forms like DHS or USDHS.

No, you cannot apply for H4 EAD online. You can only do it using paper-based forms.

Official USCIS Steps and Process Published from the past

USCIS published some of their guidance on how to apply, including the most commonly asked FAQs, when they originally published the rule to be effective. Check out the key highlights and important points of the publication from USCIS at Summary of Guide to Apply EAD for H4 Holders, FAQs by USCIS 

If you are filing H4 EAD, we’ve built a tracker for your case to help you and everyone get overall insights from others. It is fully anonymous and has analytics. Please add your case to  H4 Visa EAD Tracker 

What was your experience filing H4 EAD? Any  questions?  Share your thoughts, experiences.

Reference s :

• Official USCIS:   DHS Extends Eligibility for Employment Authorization for Certain H-4 Spouses
• Official rule :  H4 EAD rule in Federal Register 

Other Articles

381 comments.

Good morning, Can you please clarify below query.

For applying EAD, I only received I-797C but not I-797A (Still USCIS didn’t send this notice). Can i apply my EAD with I-797C instead of I-797A.

Please let me know.

Best regards, Jeevitha.

Jeevitha, You should be able to use that and send it. But, it should not take long to get the final one soon.

update your fee section. Application Fee’s are changed and documents are returned back because of wrong amount.

Hey, how long did it take for you to return the document from USCIS?

I also sent application with wrong amount on April 26th. Still waiting for there response

unnknown, It is updated. Apologies for the confusion and your trouble. Always check USCIS website for latest info.

Hi Kumar or Admins, please update the fee required for H4 EAD since it changed on April 1st 2024. Not sure about Lockbox addresses but might as well check that.

Rajesh, It is updated now. Sorry for the delay in updating. All the fees and addresses are up to date now.

H1B 7th year with H4 is under processing. So is it possible to apply for H4 EAD under AC21 with 7th extension receipt notice or should I wait for approval?

My I797 is valid till 9/2024. I got my I140 approved and planning to apply for H4 EAD. As the processing time for TX center shows as around 7-8 months which will be close to my I797 validity. Can someone suggest if it is good idea to apply H4 EAD individually or wait & apply along with my H1B Extension?

Appreciate your response, TIA

Hi All, I am on H1B Visa with Approved I-140. To apply for an H4 EAD visa for my H-4 spouse, she currently does not reside in the USA, we are eligible to apply for New H4 EAD? when she is outside the country?

Have you applied new H4 EAD when spouse is in India or waited for your spouse to comeback to US?

After applying EAD what is the time period receiving H4 EAD?

Great article. Thanks a lot for the clear and step by step explanation…Helped me a lot in filling the form. Great job on all the necessary explanations for the codes and the documentation process. Thank you.

I see change address for WAC or SRC or IOE as per below link . Can you please confirm and update the same address in this page

2108 E. Elliot Rd. Tempe, AZ 85284-1806

https://www.uscis.gov/i-765-addresses

(c)(26) – H-4 spouse of an H-1B nonimmigrant, and the receipt number of your H-1B principal spouse’s most recent Form I-797, Notice of Action, for Form I-129 begins with WAC or SRC or IOE USCIS Phoenix Lockbox

U.S. Postal Service (USPS):

USCIS Attn: H4 P.O. Box 20400 Phoenix, AZ 85036-0400

FedEx, UPS, and DHL deliveries:

USCIS Attn: H4 (Box 20400) 2108 E. Elliot Rd. Tempe, AZ 85284-1806

Joshi, Thanks for the heads up. Yes, this got changed recently for AZ. Just updated it.

Joshi, Thanks for the catch, it is updated now.

I have L2 EAD and expired 2 years back. I came back now on H4. I am planning to apply for my H4 EAD as my suppose have I140. do i need to apply it as renewal of my old L2 EAD expired 2 years back or do i need to apply as fresh ?

USCIS website says that H4 EAD can be applied online – https://www.uscis.gov/i-765. Does above summary needs to be updated to reflect that? It says this form can be applied only used paper based forms.

I’m too wondering whether applying H4 EAD online has any harm. In fact the website says some advantages if we apply online. Can anyone confirm the same?

Vijay, As of now, you cannot apply for H4 EAD online as it is not eligible yet. You can check the supported applicants, who can file online on USCIS website

The USCIS Addresses listed above are incorrect.

Hello, Can we apply H4 EAD without I797 of approved I140 as my employer is not providing I797 copy. I have approved I140 document from FOIA request which doesn’t include I797 approval notice.

Is there anyone who applied in this way and got EAD approved?

Hey , Did you apply with approved document?

We applied h1 extension, h4 extension and first time h4 ead in concurrent processing. All 3 applications got approved and ead card is sent for production.

1. New H1b validity starts from aug 2023 til aug 2026. And so the h4 wil be. 2. My doubt is what will be the effective start date in the EAD card..? Wil it be effective from aug 2023 or from the current approved date?

Hello, Can someone in this forum help with my questions?

Currently, I am on H1B with Employer A. Last year, we got our H1B and H4 extension(spouse/dependent) which is valid till May 2025. My I-140 is approved 7 months back and I have also filed H4 EAD for my spouse 4 months back. Now I am planning to switch to Employer B.

Questions: What will happen to H4 EAD which is under process?

Should I consider transferring H4 EAD and H4 along with my H1B transfer to Employer B? Is it even possible to transfer H4 EAD when it is pending?

Hi @anil, I have similar situation last year. But we don’t need to worry about H4 EAD as it is based on your I-140 & spouse H4 validity.

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