H-4 EAD Complete Guide: Working with Your Approved I-140 Status

For many families in the United States 🇺🇸, the H-4 EAD (Employment Authorization Document) program is a lifeline that allows spouses of H-1B visa holders to work and support their households. The journey to secure or renew an H-4 EAD, especially with an approved I-140 petition, involves several steps, recent policy changes, and important deadlines. This guide walks you through the entire process, explains what to expect at each stage, and offers practical advice for both applicants and employers. By understanding the process and planning ahead, you can reduce stress and avoid common pitfalls.

Understanding H-4 EAD Eligibility with an Approved I-140

The first step is to check if you qualify for the H-4 EAD. As of July 2025, the rules remain clear:

• You must be the spouse of an H-1B visa holder.
• Your H-1B spouse must have an approved I-140 (Immigrant Petition for Alien Worker), or have H-1B status extended beyond the usual six-year limit under the American Competitiveness in the Twenty-first Century Act (AC21).

If you meet these requirements, you can apply for the H-4 EAD. The work permit’s validity will match your H-4 status, as shown on your Form I-94 (the arrival/departure record you receive when entering the United States 🇺🇸). You must have a valid EAD to work—if it expires, you must stop working until you receive a new one.

Recent Policy Changes: What’s New in 2024-2025?

Several important changes have taken place recently, and more are expected. These changes affect how long it takes to get an H-4 EAD and how long you can keep working while waiting for renewal.

• End of the Edakunni Settlement (January 18, 2025):
  For a while, the Edakunni v. Mayorkas settlement required the U.S. Citizenship and Immigration Services (USCIS) to process H-4 and H-4 EAD applications at the same time as the main H-1B petition. This made things much faster. But as of January 18, 2025, this rule ended. Now, H-4 EAD applications are processed separately, which has led to longer wait times.

• Longer Processing Times:
  Before, you could expect your H-4 EAD to be processed in 2-4 months. Now, it often takes more than six months. This means you must plan ahead to avoid losing your right to work.

• Automatic Extension Increase (January 13, 2025):
  To help with these delays, the Department of Homeland Security (DHS) has increased the automatic extension period for timely filed EAD renewals from 180 days to 540 days. If you file your renewal before your current EAD expires, you can keep working for up to 540 days while waiting for a decision, as long as your H-4 status remains valid.

Step-by-Step Process: Applying for or Renewing H-4 EAD

Let’s break down the process into clear steps, with estimated timeframes and what you need to do at each stage.

1. Confirm Your Eligibility

Before you start, make sure:

• Your spouse’s H-1B status is current.
• The I-140 petition is approved, or your spouse qualifies for H-1B extensions under AC21.
• You are in valid H-4 status.

If you’re unsure, check your spouse’s I-140 approval notice and your own I-94 record. If you need help, consider speaking with an immigration attorney.

2. Gather Required Documents

You’ll need to collect several documents for your application:

• Proof of H-4 status: Your current I-94 record.
• Proof of relationship: Marriage certificate.
• Proof of spouse’s H-1B status: Copy of your spouse’s H-1B approval notice (Form I-797) and recent pay stubs.
• Proof of approved I-140: Copy of the I-140 approval notice.
• Previous EAD card: If you are renewing.

Having these ready will make the process smoother.

3. Complete and File Form I-765

The main application for work authorization is Form I-765. You can file this form up to 180 days before your current EAD expires. For first-time applicants, you can file as soon as you meet the eligibility requirements.

• Filing Fee: Check the current fee on the USCIS website. As of July 2025, the fee is $410, but this can change.
• How to File: You can file by mail or online (if eligible). Follow the instructions on the USCIS website carefully.
• Supporting Documents: Include all the documents listed above. Missing documents can cause delays.

After filing, you’ll receive a receipt notice (Form I-797C) from USCIS. Keep this safe—it’s important for tracking your case and for work authorization during automatic extensions.

4. Wait for USCIS Processing

Estimated Timeframe:
As of 2025, expect to wait six months or longer for USCIS to process your H-4 EAD application. Processing times can vary by service center and workload.

What Happens During This Time:
USCIS will review your application, check your documents, and may request more information (a “Request for Evidence” or RFE) if something is missing or unclear. If you receive an RFE, respond quickly with the requested information to avoid further delays.

Approval and EAD Card Delivery:
Once approved, USCIS will mail your EAD card using USPS Priority Mail. This usually takes about two weeks after approval.

5. Automatic Extension for Renewals

If you are renewing your H-4 EAD and file your Form I-765 before your current EAD expires, you qualify for an automatic extension of up to 540 days. This means you can keep working while waiting for your new card, as long as your H-4 status (I-94) is still valid.

What You Need for Proof:
During this extension period, you must show your employer:

• Your expired EAD card
• Your Form I-797C receipt notice for the renewal application
• Your valid I-94 record

Employers can use these documents to confirm you are allowed to work during the extension.

Important:
If your H-4 status expires before your EAD is renewed, your work authorization ends, even if you are within the 540-day extension.

6. Start or Continue Working

First-Time Applicants:
You can only start working after you receive your approved EAD card. Working before approval is not allowed and can cause problems for future immigration benefits.

Renewals:
If you filed on time, you can keep working during the automatic extension period, as long as your H-4 status is valid.

7. What to Expect from USCIS and Employers

From USCIS:

• Processing Delays:
  Due to the end of concurrent processing and increased workloads, expect longer wait times. USCIS is working to reduce backlogs, but delays are likely to continue for now.

• No Premium Processing:
  There is currently no premium (faster) processing option for H-4 EAD applications. This means you cannot pay extra to speed up your case.

From Employers:

• Document Checks:
  Employers must check your documents to confirm you are allowed to work. They should accept the expired EAD, receipt notice, and valid I-94 for the automatic extension.

• Planning Ahead:
  Employers should remind H-4 EAD employees to file renewals as early as possible and be aware of the risk of work gaps if renewals are delayed.

Practical Implications for H-4 EAD Holders and Employers

The recent changes have real effects on families and workplaces:

• Risk of Work Gaps:
  Because of longer processing times, there is a higher risk that your EAD will expire before you get a new one, especially if you cannot file early enough. The 540-day automatic extension helps, but only if your H-4 status is valid for the whole period.

• Income and Job Security:
  Many H-4 EAD holders worry about losing income or even their jobs if they cannot renew their work permit in time. This can cause stress for families and disrupt employers’ operations.

• Alternative Options:
  If you face repeated delays or policy changes, you might consider other work visa options, such as employer-sponsored visas. Talk to an immigration attorney about your situation.

Background: How Did We Get Here?

The H-4 EAD program started in 2015 to help families of skilled workers on H-1B visas. Before this, many spouses could not work, even if they were highly skilled. The program was designed to help families thrive and keep talented workers in the United States 🇺🇸.

In 2023, the Edakunni settlement made things easier by allowing H-4 and H-4 EAD applications to be processed together with the main H-1B petition. This reduced wait times. But with the settlement ending in January 2025, processing times have gone up again.

The increase in the automatic extension period to 540 days is a recent effort by DHS and USCIS to help workers and employers deal with these delays.

Expert and Stakeholder Perspectives

• USCIS and DHS Officials:
  Leaders like USCIS Director Ur M. Jaddou and DHS Secretary Alejandro Mayorkas have said the longer automatic extension is meant to help workers stay employed and reduce problems for businesses.

• Immigration Attorneys:
  Lawyers warn that delays can lead to work gaps and recommend filing renewals as early as possible. They also advise employers to plan for possible disruptions and consider other visa options if needed.

• H-4 EAD Families:
  Many families are worried about job security and income loss. They hope for faster processing or the introduction of premium processing for H-4 EADs, but this is not available yet.

Looking Ahead: What’s Next for H-4 EAD Holders?

• No Premium Processing Yet:
  As of July 2025, there is no premium processing for H-4 EAD applications. There are no official plans to introduce it soon.

• Policy Uncertainty:
  The Trump administration, which began in January 2025, has tried to end the H-4 EAD program in the past, but the program is still in place. However, it is under review, and changes could happen.

• Continued Delays:
  USCIS is trying to speed up EAD processing, but the separation of H-4 EAD from H-1B and H-4 status processing means delays may continue for now.

• Stay Informed:
  Watch for updates from USCIS and talk to an immigration attorney if you have questions about your case.

Official Resources and Where to Get Help

• USCIS H-4 EAD Information:
  For the latest rules and updates, visit the USCIS Employment Authorization for H-4 Spouses page.

• Form I-765 Application:
  Download and review the official Form I-765 and instructions before applying.

• USCIS Customer Service:
  Call 1-800-375-5283 for help with your case status or questions.

• Legal Help:
  If your case is complicated or you need advice, consult an immigration attorney who knows about H-1B and H-4 visa matters.

Key Takeaways and Practical Steps

• Check your eligibility before applying.
• Gather all required documents early to avoid delays.
• File your renewal as soon as you are allowed (up to 180 days before your EAD expires).
• Keep your H-4 status valid—your work authorization depends on it.
• Use the automatic extension if you file your renewal on time.
• Stay in touch with your employer about your work authorization status.
• Monitor official USCIS updates for any changes to the program.

As reported by VisaVerge.com, the H-4 EAD journey is more complex in 2025, but with careful planning and attention to deadlines, you can reduce the risk of work gaps and keep your career on track. Always rely on official sources and professional advice to guide your decisions.

By following these steps and staying informed, H-4 spouses with an approved I-140 can continue to contribute to their families and the United States 🇺🇸 workforce, even as policies and procedures evolve.

Learn Today

H-4 EAD → Employment Authorization Document allowing spouses of H-1B visa holders to work legally in the U.S.
I-140 → Immigrant Petition for Alien Worker, required for H-1B spouses to qualify for H-4 EAD eligibility.
Edakunni Settlement → A legal agreement that previously required concurrent processing of H-4 EAD with H-1B petitions, ended in 2025.
Automatic Extension → A period allowing H-4 EAD holders to continue working after timely renewals, increased to 540 days in 2025.
Form I-765 → The official USCIS application form for requesting employment authorization including the H-4 EAD.

This Article in a Nutshell

The H-4 EAD program enables spouses of H-1B visa holders with approved I-140s to work in the U.S. Recent policy changes have slowed processing times, but extended automatic renewals now help reduce work disruptions, making planning essential for continued employment authorization in 2025.
— By VisaVerge.com