What is the H-4 EAD?
In 2014, the Obama Administration published the H-4 EAD rule, giving certain H-4 spouses the ability to apply for work authorization.
These spouses were married to H-1B workers who were being sponsored for green cards and who were waiting in line, along with their spouses, to get permanent residence, including work authorization.
Who is qualified to apply for the H-4 EAD?
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 the 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.
Do I need to be in the United States to apply for EAD based on my H-4 status?
Yes, you need to be in the U.S. in order to apply for your H-4 EAD.
What forms and fees are required to apply for the H-4 EAD?
You will need to complete and submit Form I-765, Application for Employment Authorization.
The USCIS filing fee is $410.
Attorney representation is not required to file the H-4 EAD.
What are the H-4 EAD Processing Times?
You can check the USCIS website for current processing times here. Current processing time is 11-14 months.