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Since you are interested to learn H4 EAD category, we recommend you to also read about Various Ways to Raise an H4 EAD Expedite Request.
US Citizenship and Immigration Services (USCIS) issues a work authorization document called the EAD (Employment Authorization Document) to certain categories of foreign nationals qualified to work in the US. The EAD is sometimes referred to as an identification card or a work permit.
The EAD provision was instituted for certain visa categories like the H4 visa. An H4 status is allotted to dependent spouses of temporary foreign workers and those on H1B status in the US. Many people on H4 visas may have careers they pursue out of interest or necessity. The EAD enables them to continue these pursuits legally in the United States.
In recent years the H4 EAD rule was passed for a two-fold purpose. It allows highly skilled foreign workers to remain in the US and limits business disruption when H1B workers opt to return to their home countries.
Eligible applicants for the H4 EAD can initiate their application for employment authorization with the I-765 Form, having their category code clearly specified. In the US Immigration context, this code is referred to as the Employment Authorization Document Code, also called EAD Code. This code is included in the Employment Authorization Document issued by the USCIS.
The USCIS assigns category codes to identify work authorization for a given type of visa. The I-766 EAD is frequently presented to agencies that assess the eligibility of applicants for benefits. The following chart details many of the EAD codes and the corresponding provisions in federal regulations associated with them.
The EAD Code Definition Chart matches foreigner categories or classes of admission (COA) with a particular EAD code. Some EAD code category individuals can continue working after the expiry date if there is evidence that they have filed for the extension before expiry of the current approval.
| USCIS EAD Code | Eligibility Description | 180 Day Automatic Extension Eligibility |
|---|---|---|
| A02 | A person on lawful temporary residency under the INA - sections 245A / 210 | No |
| A03 | A Refugee | Yes |
| A04 | On parole as a Refugee | No |
| A05 | Asylee (an individual who was granted asylum) | Yes |
| A06 | K1- a non-immigrant fiancé or fiancée of a US Citizen & K2, a child dependent on K1 | No |
| A07 | N-8 The Parent of an employee of an international organization who is a permanent resident & N-9 Dependent Child of an employee of an international organization who was a permanent resident | Yes |
| A08 | A Micronesian, the Marshall Islands, or Palau citizen given a non-immigrant status | Yes |
| A09 | K-3 non-immigrant spouse who is a dependent of USC & K-4 who is the dependent child of a non-immigrant K-3 | No |
| A10 | Individual given Withholding of Removal or Deportation | Yes |
| A12 | Temporary Protected Status (TPS) (8 CFR 244.12) | Yes |
| A13 | Beneficiary of IMMACT Family Unity (Immigration Act of 1990 - Section 301) | No |
| A14 | LIFE Act Family Unity beneficiary (Legal Immigrant Family Equity (LIFE) Act Amendments - Section 1504) |
No |
| A15 | V-1 Spouse of a Lawful Permanent Resident , V-2 Minor unmarried child of a Lawful Permanent Resident & V-3 Minor unmarried child of V-1 or V-2 | No |
| A16 | T-1 non-immigrant (victims of any severe form of trafficking activity) | No |
| A17 | Spouse of E-1/E-2 Treaty Trader/Investor & Spouse of E-3 specialty occupation professional from Australia | No |
| A18 | L2 spouse of intra-company transfer L1 visa holder | No |
| A19 | U1 non-immigrant (victims of certain criminal activity) | No |
| A20 | U-2 spouse of U-1 aliens , U-3 children of U-1 aliens , U-4 parents of minor U-1 aliens (16 or under) , U-5 unmarried sibling <18 years of U-1 alien <21 years | No |
| C01 | Dependent of foreign government officials on A-1 or A-2 | No |
| C02 | Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant | No |
| C03A | F1 visa students on Pre-completion OPT | No |
| C03B | F1 visa students on Post-completion OPT | No |
| C03C | OPT students in Science, Technology, Engineering, or Mathematics (STEM) on 24-month period of extension | No |
| C03(ii) | F-1 student offered employment off-campus by a sponsoring International Organization that qualifies | No |
| C03(iii) | F-1 student facing severe hardship economically seeking off-campus employment | No |
| C04 | Unmarried dependent child or spouse of Representative of International Organization and their dependents on G-1, G-3, or G-4 non-immigrant visas | No |
| C05 | J-2 minor child or spouse - dependents of a J-1 exchange visitor | No |
| C06 | M-1 student applying for practical training on completion of studies | No |
| C07 | Dependent of NATO-1 through NATO-7 non-immigrant | No |
| C08 | Applicant who filed for asylum (w/ pending asylum application) on or after January 4th, 1995 | Yes |
| C09 | Applicant for status adjustment | Yes |
| C10 | applicants for a deportation suspension (filed before April 1st, 1997) , applicants for Removal Cancellation , applicants for Cancellation under NACARA | Yes |
| C11 | Alien on temporary parole in the U S for emergency or in the interest of the public. | No |
| C12 | Spouse of E-2 investor from Commonwealth of Northern Mariana Islands (CNMI); eligible for work only in the CNMI. | No |
| C14 | Alien on deferred action | No |
| C16 | Registry applicant on continuous residency since January 1st, 1972 | Yes |
| C17(i) | B1 non-immigrant working as domestic or personal servant of a non-immigrant employer | No |
| C17(ii) | Domestic non-immigrant servant of a U.S. citizen on B1 visa | No |
| C17(iii) | Non-immigrant employed by foreign airline on B1 visa | No |
| C18 | Alien on order of supervision or final order of deportation | No |
| C19 | applicant on Temporary Protected Status (8 CFR 244.5) | Yes |
| C20 | A special agricultural worker who has submitted a completed legalization application | Yes |
| C21 | non-immigrant on S visa | No |
| C22 | An alien who has submitted an INA 245A completed legalization application under | Yes |
| C24 | LIFE legalization applicant | Yes |
| C25 | T-2 spouse of T-1, victim of trafficking , T-3 child of T-1 , T-4 parent of T-1 (if T-1 is under 21) | No |
| C26 | Certain H4 Visa spouses of H1B holders who qualify for it. | Yes (Conditional Eligibility: 180 days from expiry of prior EAD, or expiry of I-94s, whichever is first) |
| C27 | Spouse of a non-immigrant who has faced abuse | No |
| C28 | Abused spouse of E-3 non-immigrant | No |
| C29 | Spouse of a G non-immigrant who has been abused | No |
| C30 | Spouse of a non-immigrant H who has faced abuse | No |
| C31 | The primary applicant of a VAWA self-petition that is approved & Child of an approved VAWA self-petition beneficiary, who qualifies | Yes |
| C33 | An alien who was proclaimed a Deferred Action for Childhood Arrivals (DACA) | No |
| C35 | The primary applicant on an employment-based immigrant petition that is approved who is going through dire circumstances | No |
| C36 | Spouse or unmarried child of a primary applicant on an approved employment-based immigrant petition and is going through a compelling situation | No |
USCIS has implemented the Automatic Extension of 180 days for certain categories of people, including those who fall under Code C26 of the above table. This applies to certain qualified H4 visa holders under H1B dependence and aims to make up for long processing times for EAD extensions that affect work opportunities for these and many other groups of people.
Also Read: H4 EAD Automatic Extension
The scenario would work in the following way:
If you hold an H4 US visa and fulfill the eligibility criteria for H4 EAD, you would submit your I-765 application to the USCIS under category C26 as a C26 H4 EAD application. Once your complete H4 EAD application package is submitted, USCIS will begin processing your file and send you a Case Receipt Notice. Once the file has been approved, you will receive an H4 EAD C26 approval notice.
This article has a complete breakdown of EAD Codes with a tabulated list of codes and information on categories eligible for the 180-day automatic extension. Do keep in mind that submitting the right EAD code is important to avoid the issuance of RFE (Request for Evidence) notices.
As you begin your H1B visa pursuit journey, take a right first step by coming to TechFetch H1B. Get adequate details about H4 EAD categories and more related to that.
**Disclaimer: H1B rules and regulations keep changing from time to time. For updated information, always refer to the USCIS official website.
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