Introduction
The H-4 visa is especially issued to family members (spouses and children under 21) of dependents with an H-1 B visa.
If these family members want to work during their stay, then they can apply for the H4 EAD. However, there might be many factors that will affect your eligibility.
Recently, this visa made international news when the U.S. government decided to revoke the H-1 B visa. However, as per the Economic Times, the latest news about the H-4 work permit is from President Donald Trump to Tech Entrepreneur Elon Musk, who all came in support of this visa.
In this article, I will discuss all the details of an H-4 visa, including the process of H-4 EAD, eligibility, and the H-4 visa work permit.
Let’s dive in!
What is the H-4 EAD Visa?
Before getting to the details, let’s understand what the H-4 Visa is.
In simple terms, an H-4 visa is for people who want to accompany their dependents in the U.S. With this visa, people can stay with their immediate family members, like spouses and children (under 21 years).
These family members can also obtain an H-4 EAD, which is an Employment Authorization Document that can be used as a work visa in the U.S.
However, initially, you don’t have an H-4 visa work authorization; having an H-4 EAD makes sure you can work in the U.S., legally.
To apply for this visa, you need to fulfil the H-4 EAD eligibility criteria, which include approved I-140 or being in the process of an H-1B extension beyond the 6-year limit.
H-4 EAD Eligibility
Several factors impact H-4 EAD eligibility:
- Spouse of H-1B Visa Holder: When it comes to who can apply for H-4 EAD, the answer is very simple: only the spouse of the H-1B visa holder can apply.
- I-140 Approval: One of the most important approvals one should have before applying for H-4 EAD is I-140 Approval. In simple language, you are eligible to apply for a Green Card, which is also known as an immigrant visa, based on your employment.
- H-1B Extension Beyond 6 Years: Before applying for the H-4 EA, please ensure that your spouse has an H-1B visa extension for 6 years.
How to Apply for H-4 EAD: Step-by-Step Guide
Once you are clear about the H-4 EAD eligibility criteria, you are all set to apply for an H-4 EAD visa.
Here is the step-by-step guide on how to apply for H-4 EAD:
Collect all the documents:
Before applying, it is important to check whether you have all the documents or not. So, it is advisable to collect all the required documents, including:
- Photocopy of I-140 approval notice for the people who have an H-1 B.
- Marriage Certificate
- H-4 Visa copy
- Passport copy
- EADs applied previously
Complete Form I-765:
The next step is to complete Form I-765, which is the application for the H-4 work permit. This form asks for details such as:
- Personal information (name, address, date of birth).
- Immigration status (including information about the H-1B visa holder).
- Select the appropriate category (c)(26) for H-4 EAD applicants.
Submit the Application
Once the form is completed and you have all your documents ready, send your application to the correct USCIS lockbox. You can check the USCIS website for the most up-to-date submission instructions and addresses.
H-4EAD processing time
Currently, the H-4EAD processing time is from 3 to 6 months, which may vary based on your location and USCIS service center. To make it easy for you it is advisable to track your application from your USCIS account.
H-4 EAD Premium Processing Option
If your spouse has made a last-minute decision to accompany you in the U.S., then don’t worry, there is H-4 EAD premium processing available.
You need to pay a little extra fee to opt for this premium service, for which you can receive a response within 15 working days.
This is a good option for people who want to get an H-4 EAD visa early.
Also Read: SSN Simplified: Your ultimate guide on how to apply for a Social Security number!
Issues in the H-4 EAD Application Process
The H-4 EAD application process is quite simple, yet there are some common issues that applicants may face while applying:
- Incomplete Applications: Fill complete application form, attaching all the required documents. Incomplete forms or missing documents can lead to a delay or rejection of your applications.
- Changes in Status: If there is any change in the status of the H-1B visa holder, it will affect the H-4 visa employment authorization.
- Lots of Paperwork: Applying for EAD for H-4 requires a lot of paperwork; missing a single document may lead to the rejection of your application.
H-4 EAD Denial: What to Do Next?
In case of rejection, H-4 EAD means that you can reapply or appeal the decision.
Some of the common reasons for rejecting your application include missing or incomplete documents and/or issues with the I-140 or H-1B status.
Make sure you find out the reason behind the rejection and rectify the issue before reapplying.
Conclusion
Applying for an H-4 EAD provides much-needed work opportunities for spouses of H-1B visa holders.
By following the steps outlined in this guide, you can successfully navigate the application process for the H-4 visa work authorization.
Remember to ensure your documents are complete and accurate to avoid delays in the H-4 EAD processing time. For faster approval, you can also choose premium processing.
If you have any concerns or doubts about your application, consulting an immigration attorney can help ensure a smooth and successful application process.
The H-4 EAD opens doors for legal employment and financial independence, providing significant benefits to dependent spouses of H-1B holders.
