The H1B visa is a non-immigrant US work visa issued to skilled foreign professionals of specialized occupations. One of the key benefits is enabling the holders to bring their spouses and children to the US. H1B dependents can live in the US on an H4 visa, but working is not allowed unless with additional authorization. In this article, we will explore whether a spouse of an H1B visa can work, H4 EAD eligibility, requirements, how to apply for H4 EAD, and other concerning issues.
Can the Spouse of an H1B Visa Work?
The short answer is yes, but only on the condition of holding proper authorization. Spouses of H1B visa holders enter the U.S. on an H4 visa, which grants residency but not employment. To legally work, you must apply for an Employment Authorization Document (EAD) under the H4 EAD program so you can enjoy unrestricted employment rights and pursue career goals while staying in the US with your spouse. Please note that your H1B spouse visa validity is closely linked to the primary H1B visa status.
What Can an H1B Visa Spouse Legally Do Without H4 EAD in the US?
Even without an EAD, the H1B visa spouse can still enjoy many benefits like a native US, including:
- Live in the US
You can stay as long as your spouse’s H1B is valid. The permitted duration of stay is up to 2 years and extendable, which is much longer than other tourist or visitor visas.
- Study
Unlike international students who must obtain a student visa to study in America, H1B spouse visa holders can enroll in academic programs, vocational courses, or online classes full-time or part-time without an extra study permit.
- Travel
During your stay in the US, you can not only travel freely within the country but also exit and reenter an unlimited times. Some countries might also allow visa-free entry to US H4 visa holders of certain nationalities.
- Obtain a Driver’s License & Open Bank Accounts
With an H1B spouse visa, you can apply for a driver’s license and open a bank account, which makes your life more convenient. For example, you can plan a road trip, go out to do grocery shopping, pay the bills easily and securely, etc.
- Engage in Volunteer Work
Like local citizens, foreign residents are welcome to take unpaid positions in nonprofit organizations, schools, or community organizations to help build a better community.
- Access Public Benefits
Long-term residents are qualified for some basic public benefits, such as education allowance, emergency healthcare services, certain state-funded programs, etc.
What Is H4 EAD?
The H4 EAD is an H1B visa spouse work permit. It grants spouses of H1B visa owners unrestricted authorization to work for any employer, start a business, or freelance without the sponsorship of an employer. Unlike the H1B visa that is linked to a specific job, the H4 EAD features more flexibility and allows changing jobs freely. However, the eligibility for residence and employment is linked to the spouse’s immigration status.
Benefits of Holding H4 EAD in the US
As stated before, with an H4 EAD, an individual can work legally in the US. To be more specific, you can enjoy the following benefits.
- Unrestricted Employment
You can work in any industry, from tech startups to freelance writing, without extra permission.
- Job Flexibility
When you change employers or job positions, there is no need to notify USCIS or reapply for authorization.
- Freelancing and Self-Employment
Besides taking a paid job, you are also permitted to start up a business, offer consultation services, or take on gig economy jobs on H4 EAD.
- Access to Employment Benefits
It is possible to enjoy employer-sponsored health insurance, retirement plans, and paid leave.
- Economic Contribution
Getting a job yourself can boost household income, build savings, and gain financial independence.
H4 EAD Eligibility & Document Checklist
To be qualified for the H1B visa spouse work permit, besides holding a valid H4 visa and living in the US at the time of application for H4 EAD, your spouse must also satisfy one of the two requirements.
- Have an approved employment-based green card application (Form I-140).
- Have an AC21 extension beyond the standard 6-year limit length of stay.
Before applying for the H1B visa spouse work permit, it is advised to prepare all required documents in advance. Here is a complete H4 EAD documents checklist.
It refers to the Application for Employment Authorization, which is available on the USCIS website. It can be downloaded or filled out directly online.
- Form I-797 (photocopy)
It serves as proof of H4 Status, which can also be obtained from the USCIS website.
- Spouse’s H1B Documentation
Submit their H1B approval notice (Form I-797) and I-140 approval.
- Marriage Certificate
It is used to verify your relationship with the H1B visa holder.
- Passport and Visa Copies
Biographical pages (usually the first two pages) and pages showing the H4 visa stamps are required.
- Form I-94
It serves as an Arrival/Departure Record and is available on the U.S. Customs and Border Protection (CBP) website.
- Two Passport-Sized Photos
The photos must strictly comply with the ICAO guidelines (details below) so as to help with identity verification.
H4 EAD Photo Requirements
The EAD photo must present the applicant’s true appearance. To ensure everything goes smoothly, it is necessary to learn about the official requirements of the biometric 2×2 inch photo.
- Size: 2×2 inches (51×51 mm) with an aspect ratio of 1:1.
- Head measurement: 1.3-1.4 inches from the chin to the crown, taking up about 70% of the picture.
- Background: Plain white or off-white, free of shadows or patterns.
- Face visibility: Fully uncovered without a facial mask, glasses, hats, or anything else.
- Expression: Neutral face with eyes open and mouth closed.
- Attire: Avoid uniforms or clothing in a similar color to the background.
If you decide to take 2×2 inch photos using your phone, it is suggested to use AiPassportPhotos, an online passport photo converter, to generate a 100% acceptable H4 EAD photo for free.
How to Apply for H4 EAD 2025
The H4 visa EAD application must be made from within the US. After confirming your eligibility and preparing the necessary documents, please follow the steps below to apply for the authorization.
- Fill Out Form I-765
- Visit the USCIS website, navigate to Form I-765, and click on the “File Online” button.
- Log in to the USCIS website or create an account.
- Fill out the digital form which includes reason for applying, personal information, contact information, declaration, and signature. Make sure all the fields are filled and all information is accurate.
- Submit the form and print out the confirmation page.
- Alternatively, you can also download it and fill it out.
- Pay the Application Fees
The fees depend on the way of application. For online applications, it is acceptable to pay by card or bank withdrawal while for mail applications, it can be paid by card, check, bank draft, or money order.
- Submit Application
Submitting sufficient supporting evidence will accelerate the process and reduce the chance of being rejected. The application form and other supporting documents can be submitted online or by mail.
- Online: Upload legible copies of the documents via the USCIS account.
- By mail: Send the package to the USCIS lockbox address listed in the form instructions.
- Track Case Status
A receipt number will be provided after submitting the application for H4 EAD. The number can be used to monitor the progress on the USCIS Case Status page. If there is any request for more evidence, remember to reply to it promptly.
H4 EAD Cost & Processing Time 2025
It takes $470 to apply online or $520 by paper. Some applicants who are unable to pay the filing fees might be exempted or waived. For more information, please check the USCIS Fee Waiver page.
As for the H4 EAD approval time, it usually takes about 6-12 months to receive the authorization. After applying, USCIS will send a receipt notice within 2-3 weeks informing that they will start to process it. The H4 EAD processing time takes about 4-6 months which might vary depending on how many applications the USCIS is handling and whether you have provided sufficient evidence. If USCIS approves your application, they will deliver the H4 EAD card in 1-2 weeks.
H4 EAD Validity & Renewal
The EAD is valid for up to two years, aligning with your spouse’s H1B status. Once it expires, it can be renewed and extended to another 2 years as long as your spouse remains in the US on H1B visa. To renew the EAD, please do as the first-time application. It is suggested to file Form I-765 180 days before expiration in case the time for H4 EAD processing takes too long and your current card expires.
Alternative Visas if Ineligible for H4 EAD
Supposing that you don’t qualify for the H4 EAD, the following alternatives will also permit you to work in the US.
- Switch to L2 visa (for L1 spouse dependents)
Spouses of L1 visa holders (intracompany transferees) can enter the US with an L2 visa which allows work authorization without an EAD.
- Self-petitioned work visas (H1B, O-1, EB-1)
There are various kinds of work visas, such as H1B for specialty occupations, O-1 visa for individuals with extraordinary ability or achievement, or EB-1 visa for individuals with extraordinary ability in sciences, arts, education, business, or athletics, outstanding professors, and researchers. If you are eligible for any of them, you can apply for one with sponsorship of your spouse.
- Green card through employment/family sponsorship
The green card is a permanent residence card, which grants more benefits than visitors and temporary residents, including legal work permission. For those who have a close family (i.e. spouses, children, parents, ) or a job offer based in the US, you might qualify for a green card through employment/family sponsorship.
FAQ
Is H4 EAD removed in 2025?
No. As of August 2024, a federal court upheld the H4 EAD program, which means the rule remains enforceable in 2024.
Can I apply for H-4 EAD without I-140?
No. An approved Form I-140 or qualified H1B extension beyond 6 years is mandatory on the H4 EAD documents checklist.
Is it better to be on H-1B or H4 EAD?
They both have certain pros and cons. The H1B offers a direct path to a green card and employer sponsorship, making it ideal for long-term career goals, but you must obtain a new one if you change your employer. The H4 EAD provides job flexibility but ties your status to your spouse’s H1B. Therefore, you should choose one that fits your real needs.
Will H-4 and EAD be approved together?
Yes, if they are filed concurrently under the Edakunni Settlement. Otherwise, USCIS processes them separately, leading to longer wait times.
Can I work after the H-4 EAD expires?
No. Working with an expired EAD violates U.S. immigration laws. File for renewal 180 days in advance to maintain legal status.
Can I apply for green card while on H4 EAD?
Yes. The EAD doesn’t affect green card eligibility. You can pursue employment-based or family-sponsored permanent residency concurrently.
What’s the H1B visa overhaul in 2025?
Modernization changes to the H1B visa program will take effect on January 17, 2025, by adding stricter specialty occupation definitions, adjusting cap-gap protections for F-1 students, expanding H1B eligibility for entrepreneurs, and updating Form I-129.
Summary
Spouses of H1B visa holders can work in the US with an H4 EAD, offering a lifeline to career growth and financial independence. It can be applied on the official USCIS website or by mail. By understanding the H4 EAD eligibility, preparing thorough documentation, and staying updated on 2025 processing timelines, you can confidently secure your work permit. Even if you are not eligible for the EAD, you will also find other necessary alternatives in this article.
Dolores Xiao