Overview
The H-4 visa is designated for dependents—spouses and unmarried children under 21—of H-1B visa holders, allowing them to accompany the principal visa holder to the United States. While the H-4 visa provides the opportunity to reside in the U.S., employment authorization for H-4 visa holders is subject to specific conditions.
Employment Authorization for H-4 Visa Holders
Not all H-4 visa holders are permitted to work in the United States. Employment authorization is available only to those H-4 spouses whose H-1B principal has met specific criteria:
- Approved Form I-140: The H-1B visa holder has an approved Immigrant Petition for Alien Worker (Form I-140).
- H-1B Status Beyond Six Years: The H-1B visa holder has been granted H-1B status beyond the standard six-year limit under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21).
If either of these conditions is met, the H-4 spouse may apply for employment authorization by filing Form I-765, Application for Employment Authorization. Upon approval, they will receive an Employment Authorization Document (EAD), allowing them to work in the U.S.
Application Process for Employment Authorization
To obtain work authorization, H-4 visa holders should follow these steps:
- Complete Form I-765: Accurately fill out the Application for Employment Authorization.
- Gather Supporting Documents:
- Proof of H-4 status (e.g., copy of Form I-94).
- Evidence of the H-1B spouse’s status (e.g., copies of Form I-797 approval notices).
- Documentation of the H-1B spouse’s approved Form I-140 or proof of H-1B status beyond six years.
- Submit the Application: Mail the completed Form I-765, the supporting documents, and the required filing fee to the appropriate USCIS address.
- Await Approval: Processing times may vary. Once approved, USCIS will issue the EAD authorizing employment.
Important Considerations
- Validity Period: The EAD is typically valid for up to three years, aligning with the H-4 visa holder’s authorized stay period.
- Renewal: H-4 EAD holders should apply for renewal before the current authorization expires to maintain continuous employment eligibility.
- Automatic Extensions: Under certain conditions, H-4 EAD holders may qualify for automatic extensions of their employment authorization while a renewal application is pending.
People Also Ask (PAA)
- Can H-4 visa holders work in the U.S.?
- Yes, but only if they have obtained an Employment Authorization Document (EAD) by meeting specific eligibility criteria.
- What are the eligibility requirements for H-4 EAD?
- The H-1B spouse must have an approved Form I-140 or have been granted H-1B status beyond six years under AC21 provisions.
- How long does it take to get H-4 EAD approval?
- Processing times vary, but it typically takes several months.
- Can H-4 EAD holders work for any employer?
- The EAD allows H-4 visa holders to work for any U.S. employer without sponsorship.
- Is there a cap on the number of H-4 EADs issued annually?
- No, there is no annual limit on H-4 EADs.
- Can H-4 EAD holders start their own business?
- Yes, they are authorized to start and operate their own business.
- What happens if the H-1B spouse loses their status?
- The H-4 visa and associated EAD would also become invalid, requiring the H-4 holder to cease employment.
- Can H-4 children obtain work authorization?
- No, only H-4 spouses are eligible for employment authorization.
- Do H-4 EAD holders need to renew their authorization?
- They must apply for renewal before the current EAD expires to continue working legally.
- Can H-4 EAD holders work part-time?
- Yes, they can work part-time or full-time for any employer.
Understanding the nuances of the H-4 visa and employment authorization process is crucial for dependents of H-1B visa holders seeking to work in the United States. Consulting with an immigration attorney or the USCIS website can provide personalized guidance based on individual circumstances.
