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How to Apply for an EAD for an H4 Visa?

Applying for an Employment Authorization Document (EAD) as an H4 visa holder is a process governed by specific eligibility criteria and a defined application procedure. Generally, you can apply for an EAD if your H4 spouse is in H1B status and either has an approved Form I-140, Immigrant Petition for Alien Worker, or has been granted H1B status beyond the standard six-year limit under provisions of the American Competitiveness in the Twenty-first Century Act (AC21). The application itself involves filing Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS), along with the necessary supporting documentation and fees.

Understanding EAD Eligibility for H4 Visa Holders

Before diving into the application process, it’s crucial to confirm your eligibility. Not every H4 visa holder qualifies for an EAD. The key eligibility criteria revolve around the H1B spouse’s immigration status and progress toward permanent residency.

Approved I-140 Petition: If your spouse’s employer has successfully filed and received approval for Form I-140, signifying the intention to sponsor them for a green card, you, as the H4 dependent, become eligible to apply for an EAD. This demonstrates that the H1B holder is progressing toward lawful permanent residency.
Extension Beyond Six-Year Limit (AC21): Under AC21, H1B holders can extend their status beyond the standard six-year limit if their green card process is delayed. Specifically, if 365 days or more have passed since the filing of a labor certification or I-140 petition, the H1B holder can obtain extensions. This extension also allows the H4 spouse to apply for an EAD.

It’s essential to have copies of your spouse’s I-797 approval notices and I-140 approval notice (if applicable) to demonstrate eligibility. Remember that the eligibility is dependent on the H1B spouse maintaining valid H1B status. Any lapse in their status will directly impact your EAD eligibility.

Step-by-Step Guide to Filing Form I-765

The core of the EAD application lies in correctly completing and submitting Form I-765. This form requests employment authorization from USCIS. Here’s a detailed breakdown of each step:

1. Obtain Form I-765

Download the latest version of Form I-765 from the USCIS website (www.uscis.gov). Always ensure you are using the most current version, as outdated forms will be rejected. The USCIS website provides the form and detailed instructions.

2. Complete Form I-765 Accurately

Carefully read the instructions accompanying Form I-765. Pay meticulous attention to detail and answer all questions truthfully. Common errors can lead to delays or denials.

Item 1: I am applying for… Select “Renewal of my permission to accept employment” if you are renewing a previously issued EAD or “Initial permission to accept employment” if this is your first time applying.
Item 2: Basis for Eligibility: This is a critical section. For H4 visa holders, you’ll typically select “(c)(26) Spouse of an E-1, E-2, E-3 or H-1B nonimmigrant alien having an approved I-140.”
Personal Information: Provide your name, address, date of birth, country of birth, and other personal details accurately, matching the information on your passport and other immigration documents.
Immigration Status: Accurately reflect your current immigration status (H4) and provide your I-94 number (arrival/departure record).
Social Security Number (SSN): If you have an SSN, provide it. If you don’t, you can indicate whether you want USCIS to apply for one on your behalf.
Prior EADs: If you’ve previously received an EAD, include details about it.
Certification: Carefully read the certification statement before signing and dating the form. False statements can have severe immigration consequences.

3. Gather Supporting Documentation

Gather all required supporting documents. These documents are essential to prove your eligibility and identity. Key documents include:

Copy of Form I-94 (Arrival/Departure Record): Proof of your current H4 status.
Copy of your Passport: Including the biographical page and H4 visa stamp.
Copy of your H4 Approval Notice (Form I-797): Demonstrates your approved H4 status.
Copy of your Spouse’s H1B Approval Notice (Form I-797): Essential to demonstrate their valid H1B status.
Copy of your Spouse’s Approved I-140 (if applicable): Provides proof of the approved immigrant petition. If the basis for eligibility is AC21 extension, include documentation demonstrating the H1B extension beyond the 6-year limit due to a pending labor certification or I-140 petition filed at least 365 days prior.
Proof of Relationship (Marriage Certificate): A copy of your marriage certificate to prove your relationship to the H1B holder.
Two Passport-Style Photos: Taken within the last 30 days. Write your name and I-94 number lightly on the back of each photo.
Copies of Previously Issued EAD Cards (if applicable): If you are renewing your EAD.

4. Pay the Filing Fee

The I-765 filing fee varies and is subject to change by USCIS. Check the USCIS website (www.uscis.gov) for the most up-to-date fee information. You can pay by money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. Make checks payable to “U.S. Department of Homeland Security.”

5. Mail Your Application to the Correct USCIS Service Center

USCIS specifies different mailing addresses for Form I-765 based on your eligibility category and where you live. Consult the Form I-765 instructions on the USCIS website to determine the correct mailing address. Mailing your application to the wrong address can cause significant delays.

6. Await Receipt Notice and Biometrics Appointment (if required)

After USCIS receives your application, you will receive a receipt notice (Form I-797C) confirming receipt of your application. Keep this notice in a safe place, as it contains your case number, which you’ll need to track your case online.

USCIS may require you to attend a biometrics appointment to collect your fingerprints, photograph, and signature. If required, you will receive a separate notice with the date, time, and location of your appointment. Attend the appointment as scheduled, bringing your appointment notice and a valid photo ID. Failure to attend can lead to application delays or denial.

7. Track Your Case Online

You can track the status of your application online using the case number provided on your receipt notice. Visit the USCIS website and use the “Check Case Status” tool. This will provide updates on the progress of your application.

8. Receive Your EAD Card

If your application is approved, you will receive your EAD card in the mail. The card will specify the validity period. Carefully review the card to ensure all information is accurate. Retain a copy of the card for your records.

Common Pitfalls to Avoid

Using an Outdated Form: Always download the latest version of Form I-765 from the USCIS website.
Incomplete or Inaccurate Information: Ensure all questions are answered truthfully and accurately.
Missing Supporting Documents: Gather all required documents before submitting your application.
Submitting Payment Incorrectly: Pay the correct filing fee and make checks payable to the correct entity.
Mailing to the Wrong Address: Double-check the USCIS website for the correct mailing address based on your eligibility category.
Ignoring Notices from USCIS: Respond promptly to any requests for evidence or other notices from USCIS.

Frequently Asked Questions (FAQs)

Here are some frequently asked questions related to applying for an EAD as an H4 visa holder:

How long is the EAD valid for? The validity period of the EAD typically matches the validity of your H4 status. If your H4 status is extended, you can apply to renew your EAD.
Can I apply for an EAD while my H4 extension is pending? Generally, yes, you can apply for an EAD renewal while your H4 extension is pending, provided you meet all other eligibility criteria.
Can I work in any job with the H4 EAD? Yes, the H4 EAD allows you to work in almost any job in the United States, as long as you meet the employer’s qualifications.
Can I start a business with the H4 EAD? Yes, you are permitted to start your own business with the H4 EAD.
What happens if my spouse’s H1B is revoked or terminated? Your EAD authorization is dependent on your spouse’s valid H1B status. If their H1B is revoked or terminated, your EAD will become invalid, and you will no longer be authorized to work.
Can I travel outside the U.S. while my EAD application is pending? Traveling outside the U.S. while your EAD application is pending is generally permissible, but it’s crucial to ensure that your H4 visa is still valid for re-entry.
Do I need an attorney to apply for an H4 EAD? While it’s not mandatory, consulting with an immigration attorney can be beneficial, especially if you have complex immigration history or questions about your eligibility.
How long does it take to process the H4 EAD application? Processing times vary and can fluctuate depending on USCIS workload. Check the USCIS website for the latest processing times.
Can I expedite my H4 EAD application? Expedite requests are granted on a case-by-case basis and typically require demonstrating significant hardship, such as severe financial loss or urgent humanitarian reasons.
What if my EAD application is denied? If your EAD application is denied, the denial notice will explain the reasons for the denial. You may be able to file a motion to reopen or reconsider, or you may need to reapply with additional evidence.
Is there a premium processing option for H4 EAD applications? Unfortunately, there is no premium processing option currently available for H4 EAD applications.
Can I volunteer while waiting for my EAD approval? Volunteering is generally permissible while your EAD application is pending, as long as it doesn’t violate any immigration regulations. However, it is crucial to ensure that the volunteer work doesn’t constitute unauthorized employment.

Applying for an EAD as an H4 visa holder requires careful attention to detail and adherence to USCIS regulations. By following these steps and understanding the eligibility criteria, you can navigate the application process effectively and increase your chances of a successful outcome. Remember to always consult the USCIS website for the latest information and updates.