Certain spouses of H-1B workers can obtain H-4 work authorization in the US, but H-4 status alone does not permit employment. Eligibility generally depends on the H-1B spouse having an approved I-140 or qualifying for an H-1B extension under AC21.
Who qualifies for H-4 work authorization?
An H-4 spouse is not automatically authorized to work simply because their husband or wife holds H-1B status.
USCIS allows certain H-4 spouses to apply for an Employment Authorization Document, or EAD, when the principal H-1B worker meets specific employment-based Green Card conditions.
The rule applies to spouses, rather than all H-4 dependents.
H-4 EAD eligibility through an approved I-140
One major route to H-4 EAD eligibility is when the H-1B spouse is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
The H-4 spouse must provide evidence of the principal worker's approved I-140 along with proof of valid H-4 status and the marital relationship when applying for employment authorization.
An approved I-140 does not automatically issue work authorization to the H-4 spouse. The spouse still must apply for an EAD.
AC21 can provide another path to an H-4 EAD
An H-4 spouse may also qualify when the H-1B principal has received an extension of H-1B status under sections 106(a) and 106(b) of the American Competitiveness in the Twenty-First Century Act, commonly known as AC21.
These provisions can allow certain H-1B workers with sufficiently advanced employment-based Green Card cases to remain in H-1B status beyond the normal six-year period.
How an H-4 spouse applies for an EAD
An eligible H-4 spouse applies using Form I-765, Application for Employment Authorization, under category (c)(26).
Applicants generally submit evidence of current H-4 status, their marriage to the H-1B principal and documentation showing either an approved I-140 or the qualifying AC21 basis. USCIS permits Form I-765 to be filed with certain related H-4 and H-1B filings, although those underlying applications may need to be adjudicated first.
An H-4 spouse filing an initial EAD application should not assume H-4 status itself provides permission to work. Employment must be supported by valid work authorization.
