Can an H4 Visa Holder Get an SSN? Decoding the Eligibility Maze

The short answer is: Yes, an H4 visa holder can obtain a Social Security Number (SSN), but only if they are eligible for employment authorization. Eligibility for an SSN is directly tied to the right to work in the United States, so the critical factor is whether the H4 visa holder has received an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS).

Understanding the H4 Visa and the EAD Connection

The H4 visa is issued to the dependent spouses and children of H1B visa holders, those skilled workers who are temporarily employed in the U.S. in specialty occupations. For many years, H4 visa holders were unable to work, effectively limiting their opportunities to contribute to the U.S. economy and potentially causing financial strain on their families.

However, a significant policy change in 2015 allowed certain H4 visa holders to apply for and receive an EAD. This groundbreaking decision stemmed from the desire to retain highly skilled foreign workers, acknowledging that allowing their spouses to work could be a deciding factor in whether these professionals choose to remain in the United States.

Who is Eligible for an H4 EAD?

The key to understanding SSN eligibility for H4 visa holders lies in the criteria for obtaining an EAD. Not all H4 visa holders are eligible. The main criteria are:

• The H1B spouse has an approved I-140 immigrant petition. An I-140 petition indicates that the H1B spouse is in the process of seeking permanent residency (a green card) based on their employment.
• The H1B spouse has been granted H1B status beyond the standard six-year limit under the American Competitiveness in the Twenty-first Century Act (AC21). This usually applies when the H1B spouse’s green card process is delayed.

In essence, these provisions aim to provide relief to H4 visa holders whose H1B spouses are well on their way to obtaining permanent residency, thus easing the burden during the often lengthy green card application process.

The SSN Application Process for H4-EAD Holders

Once an H4 visa holder receives their EAD, obtaining an SSN is a relatively straightforward process. They can apply for an SSN by following these steps:

1. Complete Form SS-5: Application for a Social Security Card. This form is available online from the Social Security Administration (SSA) website or at your local SSA office.
2. Gather Required Documents: You will need to provide original documents (not copies) that prove your identity, age, and immigration status. These typically include:
   • Your EAD card
   • Your passport with the H4 visa stamp
   • Your I-94 arrival/departure record
3. Visit a Social Security Office: Schedule an appointment or visit your local Social Security office to submit your application and documents.
4. Wait for Your SSN Card: If your application is approved, you will receive your Social Security card in the mail within a few weeks.

Why is an SSN Important for H4-EAD Holders?

An SSN is crucial for several reasons:

• Employment: It’s required for lawful employment in the United States. Employers use the SSN to report wages to the government.
• Banking and Credit: It’s needed to open a bank account, apply for a credit card, and build a credit history.
• Tax Filing: It’s essential for filing federal and state income taxes.
• Government Services: It may be required for accessing certain government services and benefits.

Having an SSN empowers H4-EAD holders to fully participate in the U.S. economy and contribute to their households’ financial well-being.

FAQs About H4 Visas and SSNs

Here are some frequently asked questions to further clarify the complexities surrounding H4 visas and SSNs:

1. If my H1B spouse’s I-140 is approved, am I automatically eligible for an H4 EAD?

No, the approval of the I-140 petition for your H1B spouse does not automatically grant you an EAD. You must still file a separate application with USCIS, Form I-765 (Application for Employment Authorization), and meet all the eligibility requirements.

2. Can I apply for an SSN before I receive my EAD?

No, you cannot apply for an SSN before you receive your EAD. The EAD serves as proof that you are authorized to work in the United States, which is a prerequisite for obtaining an SSN.

3. My EAD is expiring soon. Can I renew it?

Yes, you can renew your EAD by filing another Form I-765 before your current EAD expires. It’s highly recommended to file well in advance (ideally 180 days before expiry) to avoid any gaps in your work authorization. USCIS processing times can be lengthy.

4. What happens to my SSN if my H4 status changes?

Your SSN is yours for life. It does not expire when your H4 status changes. However, your right to work in the U.S. may be affected. If your H4 status changes to a status that does not authorize employment (e.g., you become a student on an F1 visa), you can still keep your SSN card, but you are no longer authorized to work based on the previous EAD.

5. Can children on H4 visas get an SSN?

Children on H4 visas generally cannot obtain an SSN unless they are authorized to work. This typically only happens if they obtain an EAD through a separate avenue, such as being granted Deferred Action for Childhood Arrivals (DACA) status (though DACA is currently subject to legal challenges) or obtaining another visa that permits employment.

6. What documents do I need to apply for an SSN as an H4-EAD holder?

You typically need your EAD card, your passport with the H4 visa stamp, and your I-94 arrival/departure record. It’s always best to check the SSA website for the most up-to-date requirements.

7. Can I use my SSN for identification purposes?

While your Social Security card can be used as a form of identification, it’s not recommended as your primary form of ID. It’s better to use a driver’s license or passport for identification purposes to protect your SSN from identity theft.

8. What if my EAD application is denied?

If your EAD application is denied, you will not be eligible for an SSN. You will need to address the reasons for the denial and potentially refile the application or explore other visa options. It’s advisable to consult with an immigration attorney.

9. How long does it take to get an SSN after receiving my EAD?

The processing time for an SSN application after receiving your EAD is usually a few weeks. The SSA will mail your Social Security card to the address you provided on your application.

10. Does having an SSN mean I’m eligible for all U.S. government benefits?

No, having an SSN does not automatically make you eligible for all U.S. government benefits. Eligibility for many benefits, such as Social Security retirement benefits, Supplemental Security Income (SSI), and Medicare, depends on factors such as work history, income, and residency requirements.

11. Can I work remotely for a foreign company while on an H4-EAD?

Whether you can work remotely for a foreign company while on an H4-EAD is a complex question. While your EAD allows you to work in the U.S., the implications of working for a foreign company and whether it constitutes “U.S. employment” under immigration law should be carefully reviewed. Consult with an immigration attorney and a tax professional to ensure you are complying with all applicable laws and regulations.

12. If my H1B spouse changes employers, does that affect my H4-EAD?

The answer depends. If your H1B spouse’s transfer to a new employer is properly filed and approved by USCIS, your H4 status and EAD validity should generally remain unaffected, provided that the underlying basis for your EAD (the approved I-140 or the extension beyond the 6-year limit) remains valid. However, it’s wise to confirm this with an immigration attorney to ensure compliance and avoid any potential issues.

Navigating the complexities of immigration law can be challenging. Understanding the connection between the H4 visa, EAD, and SSN is crucial for H4 visa holders seeking to contribute to the U.S. economy. Always stay informed about the latest policy changes and seek expert legal advice when needed.