How H-4 EAD Benefits Dependents After Primary Applicant’s I-140 Approval

If you are an H-4 dependent spouse and want to know if you qualify for an H-4 EAD (Employment Authorization Document), it’s important to understand the rules, requirements, and recent changes. This guide will help you quickly figure out if you are eligible, what you need to apply, what could disqualify you, and what to do if you don’t qualify right now. You’ll also find tips to improve your chances and keep your work authorization.

Who Can Qualify for an H-4 EAD?

To qualify for an H-4 EAD, you must meet all of the following requirements:

• You are the spouse of an H-1B visa holder. Children on H-4 visas are not eligible for the EAD.
• The H-1B visa holder (your spouse) must have an approved I-140. The I-140 is a petition that shows your spouse’s employer wants to sponsor them for a green card (permanent residency).
• You must have valid H-4 status. This means your H-4 visa and your I-94 (the record of your stay in the United States) must be current and not expired.
• You must file Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS). You can find the official form and instructions on the USCIS Form I-765 page.
• If you are renewing your EAD, you must file before your current EAD expires to get an automatic extension.

Yes/No Eligibility Checklist

Ask yourself these questions:

• Are you married to an H-1B visa holder?
• Does your spouse have an approved I-140 or qualify for H-1B extensions beyond six years under special rules (AC21)?
• Do you currently have valid H-4 status?
• Are you ready to file Form I-765 with all required documents?

If you answered “yes” to all, you likely qualify for the H-4 EAD. If you answered “no” to any, read on for more details and options.

Detailed Requirements for H-4 EAD

Let’s break down each requirement with examples and explanations:

1. H-1B Spouse with Approved I-140

• Your spouse must have an approved I-140 (Immigrant Petition for Alien Worker). This is a big step in the green card process.
• Example: Priya’s husband works in tech on an H-1B visa. His employer’s I-140 petition was approved. Priya, on H-4, can now apply for an EAD.

2. Valid H-4 Status

• You must be in the United States on a valid H-4 visa. Your I-94 record must not be expired.
• Example: If your H-4 visa expires in three months, you can still apply for the EAD, but your work authorization will not last longer than your H-4 status.

3. Filing Form I-765

• You must submit Form I-765, along with proof of your spouse’s approved I-140 and your own H-4 status.
• You can file this form by mail or online (if eligible).
• If your H-4 status is expiring soon, you can file your H-4 extension and I-765 together.

4. Timely Renewal for Automatic Extension

• If you already have an H-4 EAD and want to keep working, you must file your renewal before your current EAD expires.
• As of January 13, 2025, if you file on time, you get an automatic extension of up to 540 days while waiting for your new EAD.

Disqualifying Factors

You cannot get or keep an H-4 EAD if:

• Your spouse’s I-140 is denied or withdrawn before your EAD is approved.
• Your spouse loses H-1B status (for example, if they lose their job and do not transfer or extend their visa).
• Your own H-4 status expires or is not renewed.
• You are not the spouse (children on H-4 are not eligible).
• You fail to file Form I-765 correctly or do not include required documents.

Recent Changes and Processing Delays

Starting in January 2025, there are important changes:

• Processing Delays: USCIS is taking longer to process H-4 EAD applications. It may take more than six months to get approval.
• No More Concurrent Processing: H-4 EAD applications are no longer processed at the same time as the main H-1B petition. This can cause more waiting.
• Automatic Extension Increased: If you file your EAD renewal on time, you can keep working for up to 540 days after your current EAD expires, or until your H-4 status ends, whichever comes first.

Example: Rina’s EAD expires in March 2025. She files her renewal in January 2025. Even if USCIS takes eight months to approve her new EAD, she can keep working for up to 540 days after her old EAD expires, as long as her H-4 status is still valid.

What If You Don’t Qualify?

If you do not meet the requirements for an H-4 EAD, here are some alternative options:

• Wait for I-140 Approval: If your spouse’s I-140 is still pending, you must wait until it is approved before you can apply.
• Change Your Status: If you qualify for another visa that allows work (like F-1 for students with OPT, or L-2 for spouses of L-1 visa holders), you can consider changing your status.
• Seek Other Work Visas: If you have special skills or a job offer, you might qualify for your own H-1B or another work visa.
• Volunteer or Study: While you cannot work for pay without an EAD, you can volunteer or study in the United States.

How to Improve Your Chances

• File Early: File your EAD application or renewal as soon as USCIS allows (up to 180 days before your EAD expires).
• Double-Check Documents: Make sure you include all required documents, such as your marriage certificate, proof of H-4 status, and your spouse’s I-140 approval notice.
• Track Your Status: Use the USCIS case status tool to check your application’s progress.
• Renew Your H-4 Status: Keep your H-4 status valid by filing extensions on time.
• Consult an Immigration Attorney: If your case is complicated or you face delays, a lawyer can help you avoid mistakes.

What Happens If Your H-4 EAD Expires?

If your EAD expires and you did not file a timely renewal, you must stop working immediately. Working without valid authorization can cause serious problems for future immigration benefits.

If you filed your renewal on time, you can keep working for up to 540 days after your EAD expires, as long as your H-4 status is still valid.

Practical Tips for H-4 EAD Holders

• Keep Copies: Always keep copies of your EAD card, I-94, and all application receipts.
• Inform Your Employer: Let your employer know about your EAD status and any automatic extension you receive.
• Plan for Delays: Expect longer wait times and plan your finances and job plans accordingly.
• Stay Updated: Check the USCIS H-4 EAD Policy Manual for the latest rules.

Background and Policy Context

The H-4 EAD program started in 2015 to help H-4 spouses, mostly women, work in the United States while waiting for their spouse’s green card. Over 104,000 H-4 EADs were approved in the first two years. The program has faced political debate, with changes under different administrations. As reported by VisaVerge.com, the return of the Trump administration in 2025 has led to new delays and concerns about the program’s future.

Key Points to Remember

• Eligibility depends on your spouse’s approved I-140 and your valid H-4 status.
• You must file Form I-765 to get or renew your EAD.
• Processing times are longer in 2025, but timely renewals get a 540-day automatic extension.
• Losing H-4 or H-1B status, or I-140 approval, ends your work authorization.
• If you don’t qualify, look into other visa options or wait for eligibility.

Where to Find Official Information

For the most up-to-date and official guidance, visit the USCIS H-4 EAD Policy Manual. This resource explains the rules, forms, and changes in detail.

By following these steps and staying informed, you can better understand your eligibility for the H-4 EAD, avoid common mistakes, and make the best choices for your work and family life in the United States 🇺🇸.