As of July 23, 2025, important changes have taken place in how the H-4 Employment Authorization Document (EAD) works when an H-1B spouse changes employers. These updates affect thousands of families in the United States 🇺🇸, especially those relying on the H-4 EAD for work authorization. This detailed update explains what has changed, who is affected, what actions are required, and what these changes mean for pending and future applications. The goal is to help H-4 spouses, H-1B workers, and employers understand the new rules and prepare for the challenges ahead.
Summary of What Changed
The main change is that the United States Citizenship and Immigration Services (USCIS) no longer processes H-4 EAD applications together with H-1B and H-4 status petitions. This “unbundling” started on January 20, 2025, after a settlement agreement expired. As a result, H-4 EAD applications are now processed separately, which has led to much longer waiting times—often more than six months. At the same time, the Department of Homeland Security (DHS) increased the automatic extension period for certain EAD renewals, including H-4 EADs, from 180 days to 540 days, as long as the renewal is filed on time. However, this extension cannot go beyond the expiration date of the H-4 I-94, which is the document showing the H-4 spouse’s legal stay in the United States 🇺🇸.
Who Is Affected
These changes affect:
- H-4 spouses who have or want to apply for an H-4 EAD, especially if their H-1B spouse changes jobs.
- H-1B workers whose spouses depend on the H-4 EAD for work authorization.
- Employers who hire H-4 EAD holders and need to verify their work authorization.
- Families planning their future in the United States 🇺🇸, especially those waiting for green cards through the employment-based process.
Background: H-4 EAD and Eligibility
The H-4 visa is for spouses and children of H-1B workers. Since May 2015, certain H-4 spouses have been allowed to apply for an EAD, which lets them work in the United States 🇺🇸. To qualify, the H-1B spouse must have an approved I-140 (an immigrant petition that is a key step toward a green card) or have extended H-1B status beyond six years under special rules called AC21 provisions.
The H-4 EAD program has faced political threats in the past. For example, President Trump’s administration tried to end it, but court decisions and DHS rules have kept it in place. As of July 2025, the program is still valid, but there is ongoing uncertainty about its future.
How H-4 EAD Is Affected When H-1B Spouse Changes Employers
When an H-1B worker changes jobs, the process for the H-4 spouse’s EAD becomes more complicated. Here’s why:
- The H-4 spouse’s status and EAD eligibility depend on the H-1B worker’s approved petition.
- The new employer must file a new H-1B petition (often called an H-1B transfer).
- The H-4 spouse must file for an extension or renewal of their H-4 status and EAD, based on the new H-1B petition.
- The H-4 EAD application (Form I-765) is usually filed at the same time as, or after, the H-4 status extension (Form I-539), which itself depends on the new H-1B petition approval.
Key 2025 Policy Changes and Processing Delays
Unbundling of Applications
Before January 2025, USCIS often processed the H-1B, H-4, and H-4 EAD applications together, which helped reduce waiting times. This practice ended on January 18, 2025, after a court settlement expired. Now, each application is processed separately. This has led to:
- Longer waiting times for H-4 EAD approvals, often more than six months.
- Greater risk of employment gaps for H-4 spouses, especially when the H-1B spouse changes jobs.
Automatic Extension Period Increased
On January 13, 2025, DHS made a new rule that increased the automatic extension period for certain EAD renewals, including H-4 EADs, from 180 days to 540 days. This means that if an H-4 spouse files a renewal application on time, they can keep working for up to 540 days while waiting for approval. However, this extension cannot go beyond the expiration date on the H-4 I-94, which is the document showing the H-4 spouse’s legal stay.
Impact of Delays
Because H-4 EAD renewals cannot be filed more than six months before expiration, and because the automatic extension is limited by the H-4 I-94 expiration, many H-4 spouses will face a gap in work authorization if their EAD is not approved before their I-94 expires. This is especially likely when the H-1B spouse changes jobs and new petitions must be filed.
Step-by-Step Process When H-1B Spouse Changes Employers
Here’s what happens when an H-1B worker changes employers:
- H-1B Transfer Petition: The new employer files a new H-1B petition for the worker.
- H-4 Status Extension: The H-4 spouse files Form I-539 to extend or change their status, based on the new H-1B petition. You can find the official Form I-539 on the USCIS website.
- H-4 EAD Application: The H-4 spouse files Form I-765 for a new or renewed EAD. The official Form I-765 is available here.
- Processing: After January 2025, USCIS processes these applications separately, which means longer waiting times for the EAD.
- Automatic Extension: If the H-4 spouse files a timely EAD renewal, they may get up to 540 days of automatic work authorization extension, but only until the H-4 I-94 expires.
- Employment Gap Risk: Because of the unbundling and delays, there is a high risk of employment gaps, especially if the H-4 I-94 expires before the EAD renewal is approved.
Practical Implications for H-4 Spouses and Employers
Employment Gaps
The biggest problem is the risk of employment gaps for H-4 spouses. If the EAD is not approved before the I-94 expires, the H-4 spouse must stop working, even if they filed everything on time. This can cause financial stress and uncertainty for families.
Employer Compliance
Employers must check the work authorization of all employees. They use Form I-9 to do this. If an H-4 EAD expires and the automatic extension ends, the employer must remove the employee from work until a new EAD is approved. This can disrupt business and cause problems for both the employer and the employee.
Filing Strategy
It is more important than ever to file H-4 and EAD applications as early as possible. However, because renewals cannot be filed more than six months before expiration, and because of the new delays, even early filing may not prevent a gap in work authorization.
Legal and Policy Uncertainty
There is also uncertainty about the future of the H-4 EAD program. With the return of President Trump’s administration in 2025, some worry that there could be new attempts to end or limit the program. For now, the program is still valid, but families should stay informed about possible changes.
Expert Analysis and Stakeholder Perspectives
Immigration Attorneys
Lawyers who help with immigration cases warn that delays are likely to get worse. They recommend that H-4 spouses and H-1B workers plan carefully, file as early as possible, and keep track of all expiration dates. Some attorneys suggest talking to an immigration lawyer to make sure all paperwork is done correctly and on time.
DHS and USCIS Officials
DHS Secretary Alejandro Mayorkas and USCIS Director Ur M. Jaddou have said they are working to reduce delays and support employment authorization. The increase in the automatic extension period is one way they are trying to help. However, they also say that the separate processing of applications is needed for legal and practical reasons.
Employers
Employers are being told to set up systems to track EAD expiration dates and to be ready for possible gaps in work authorization. This is important for following the law and avoiding penalties.
Future Outlook and Pending Developments
Potential Policy Changes
The political situation in 2025 means that the H-4 EAD program could face more changes. However, as of now, there has been no move to end the program. Families should watch for news and be ready to act if new rules are announced.
Processing Improvements
USCIS says it is working to speed up EAD processing, but the separate handling of H-4 EAD applications is expected to cause delays at least through the end of 2025.
Legal Challenges
There could be more court cases about the H-4 EAD program. For now, a recent ruling from the D.C. Circuit supports the program’s legality, but this could change if new lawsuits are filed.
Required Actions for H-4 Spouses and H-1B Workers
If you are an H-4 spouse or an H-1B worker, here’s what you should do:
- Track all expiration dates: Know when your H-4 status, EAD, and your spouse’s H-1B status expire.
- File early: Submit H-4 and EAD renewal applications as soon as you are allowed (up to six months before expiration).
- Check your I-94: Remember that the automatic extension of work authorization cannot go beyond the expiration date on your I-94.
- Talk to your employer: Make sure your employer knows about your work authorization status and any possible gaps.
- Consider legal help: If you are unsure about the process or worried about delays, talk to an immigration attorney.
- Stay informed: Watch for updates from USCIS, DHS, and trusted immigration news sources.
Implications for Pending Applications
If you have already filed your H-4 or EAD application and are waiting for a decision:
- Expect longer waiting times: Processing may take more than six months.
- Check your eligibility for automatic extension: If you filed your EAD renewal on time, you may be able to keep working for up to 540 days, but only until your I-94 expires.
- Prepare for possible gaps: If your I-94 expires before your EAD is approved, you must stop working until you get the new EAD.
Official Resources and Contacts
For the most up-to-date information, visit the USCIS H-4 EAD page for details on EAD automatic extensions and filing procedures. You can also find the latest DHS announcements and rules on their official website.
If you need legal help, many immigration law firms offer alerts and guidance on H-4 EAD processing. It is a good idea to consult with a lawyer if you have questions about your specific case.
Conclusion and Next Steps
The changes to H-4 EAD processing in 2025 have made it harder for H-4 spouses to keep working when their H-1B spouse changes employers. The end of bundled processing means longer waiting times and a higher risk of employment gaps. The increase in the automatic extension period helps, but only up to the expiration of the H-4 I-94. Families and employers must plan carefully, file early, and keep close track of all expiration dates.
As reported by VisaVerge.com, the H-4 EAD program remains valid for now, but ongoing political and legal uncertainty means that families should stay alert for further changes. By understanding the new rules and taking action early, H-4 spouses and their families can reduce the risk of losing work authorization and better manage their future in the United States 🇺🇸.
For more information and official guidance, always refer to the USCIS H-4 EAD information page and consult with a trusted immigration attorney if you have specific questions about your case.
Learn Today
H-4 EAD → Employment Authorization Document allowing H-4 visa holders to work legally in the U.S.
H-1B spouse → The primary visa holder working in the U.S., whose spouse may have H-4 visa status.
I-140 → An immigrant petition approval required for certain H-4 spouses to qualify for the EAD.
Unbundling → USCIS process change separating H-4 EAD applications from H-1B and H-4 status petitions.
I-94 → Form documenting the legal visit expiration date for visa holders in the United States.
This Article in a Nutshell
Changes starting July 2025 separate H-4 EAD processing from H-1B petitions, causing long delays. DHS extended automatic renewals up to 540 days. H-4 spouses face work authorization gaps when their H-1B spouse switches employers, urging early filings, careful planning, and legal advice to navigate this complex landscape.
— By VisaVerge.com
