In this blog, we have discussed in detail the following topics on H4 EAD:
The H4 EAD or Employment Authorization Document is a visa given to the parent or spouse of an H1B visa holder. The H4 visa is not allowed for any other visa type like H1B1, H2A, H2B, or H3. Issued by the United States Citizenship and Immigration Services, the H4 Visa EAD allows the spouse of H1B non-immigrant holders to live and work in the USA.
The H4 EAD rule came into effect on May 26, 2015. It was mainly implemented to retain highly skilled foreign employees and minimize business interruptions related to H1B workers leaving the US. So, are all H1B holders allowed to bring their respective spouses to live and work in the US? While that is the general rule, there are some eligibility criteria to fulfill to be a valid H4 holder. Continue reading for the better understanding of H4 EAD requirements, but before that we suggest you to first learn all about H1B visa.
H4 EAD Requirements for Eligibility
According to the USCIS, to bring your spouse into the US as an H4 holder, you must be an H1B holder who is:
Points to remember:
If your spouse is eligible, you can submit your H4 EAD Application along with the required documents and fees.
To apply for an H4 EAD, your spouse will need the following documents:
Your spouse can also submit any secondary evidence if they do not have the evidence for the following:
The USCIS also accepts their recently filed Form I-129, the extension of stay, or the receipt number of the approved Form I-140 for a work authorization basis.
Also Read: All You Need to Know About H4 Visa Extension
To apply for an H4 EAD Extension, your spouse must file Form I-539 and the Application to Extend or Change Non-Immigration Status, along with the following
If your spouse already holds an H4 EAD, they can extend or renew it along with the following documents:
If any of the above-mentioned documents are missing, you can also file any one of the following documents which you can use as secondary evidence:
If you are an H-4 EAD applicant from another country, your documents may be in your native language. It is important to be aware that USCIS or any other US agency will not accept documents in any languages other than English. In that case, you should:
Upon receiving the EAD, your spouse will obtain Form I-766, thereby allowing them to work in the US. I-766 is required for employment, without which they cannot qualify for a job. It could be quite challenging to work in the U.S. on an H4 visa because the future of the EAD program was unclear at that time. However, the H4 EAD is still a great opportunity for your spouse to live with you and work in the US.
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**Disclaimer: All information regarding H1B visa processing and H4 visa processing is subject to change. Kindly refer to the USCIS official website for more information.