Can H-4 Dependents File for Initial EAD During a Government Shutdown?

(UNITED STATES) As Congress again nears a potential lapse in funding, families on H-4 visas are asking whether they can still apply for work cards. The answer is clear: H-4 dependents can file initial H-4 EAD applications during a government shutdown, and USCIS will continue to accept and process them.

Because U.S. Citizenship and Immigration Services is largely fee-funded, most USCIS processing of immigration benefits continues even if lawmakers fail to pass a spending bill. That includes adjudication of Form I-765 (Application for Employment Authorization) for H-4 spouses.

Why USCIS usually continues operating during a shutdown

USCIS’s fee-based model is the decisive factor here. Unlike agencies that rely on yearly budgets from Congress, USCIS runs on application fees, so its core casework usually continues during a government shutdown.

Past shutdowns have shown this pattern: core immigration benefit work — including H-4 EAD filings — continued because fee-funded operations were not wholly dependent on annual appropriations. According to analysis by VisaVerge.com, this structure has allowed previous shutdowns to pass without stopping USCIS adjudication of these benefits.

What a shutdown can pause — and what it does not block

While USCIS continues most processing, other agencies and programs that rely on appropriated funds can pause. Key examples:

• The Department of Labor (DOL) suspends services that depend on congressional funding, such as:
  • Labor Condition Applications (LCAs)
  • PERM labor certification processing
• E-Verify typically goes offline during a shutdown because it depends on appropriations.

Important clarifications:

• LCAs and PERM affect H-1B employers and green-card sponsorship timelines, but they do not directly prevent an H-4 spouse from filing an EAD application.
• E-Verify’s temporary pause does not stop an H-4 spouse from submitting Form I-765 to USCIS or receiving a decision.
• The main practical effect for H-4 EAD applicants is potential slower processing times if the shutdown is prolonged.

The main risk during a shutdown is time, not access: USCIS will accept filings, but processing may take longer if staffing or interagency coordination is affected.

What continues — and what may slow

• USCIS operations largely continue during a shutdown because they are fee-funded.
• H-4 dependents can submit Form I-765 and USCIS will continue adjudicating those cases.
• However, processing times may be longer if the shutdown lasts weeks or months — staffing changes and slowed coordination with other agencies can cause delays.

For many families, the H-4 EAD is more than a card: it often represents the difference between single- and dual-income households, the ability to keep a career moving, and help meeting family expenses. Even small delays can strain budgets when childcare, tuition, or mortgage payments are due.

Filing basics and practical steps

H-4 dependents must file Form I-765 with supporting evidence and required fees to obtain an H-4 EAD. Once approved, the card authorizes employment for the period listed, typically aligned with the H-4 status dates.

Official resources:
– Form and filing details: Form I-765, Application for Employment Authorization
– EAD overview and I-9 guidance: Employment Authorization Document

Practical filing guidance:
1. Submit a complete Form I-765 with all required supporting evidence and fees.
2. Keep copies of everything you send.
3. Track delivery and, if mailing, use a method that confirms receipt.
4. Watch USCIS case status updates and mail closely.
5. Avoid duplicate filings unless advised by counsel or USCIS.
6. If your address changes, file the update promptly to avoid lost notices.

Employers and HR teams: when E-Verify is down, a valid, unexpired H-4 EAD remains a List A document that satisfies I-9 identity and work authorization requirements. Employers do not need E-Verify to confirm a new hire’s H-4 EAD during the outage.

Timing considerations and coordination with H-1B/DOL processes

• If an H-4 EAD is set to expire during a shutdown, consider filing as early as rules allow. A pending H-4 or H-1B extension can affect the length of the new EAD once issued.
• DOL pauses on LCAs and PERM can delay employer-driven H-1B filings. That can indirectly affect H-4 status timelines in a household.
• If a case requires outside data or coordination that depends on appropriated funds, that step may take longer during a shutdown — be prepared for routine waits and possible rescheduling of biometrics appointments.

Practical checklist to help keep cases on track during a shutdown

• Send a complete Form I-765 with all supporting evidence and fees.
• Keep proof of delivery and USCIS receipt notices.
• Monitor USCIS case status and incoming mail closely.
• Avoid duplicate filings unless advised otherwise.
• Update your address promptly with USCIS to prevent missed notices.

Real-world impact

In human terms, the continuation of USCIS processing affects families’ livelihoods. An H-4 spouse may be a nurse staffing a clinic, a software tester on contract, or a small-business bookkeeper. When an EAD expires, a paused paycheck can force families to delay financial plans or fall behind on expenses.

For now, the path forward is steady: H-4 spouses can file, and USCIS will keep working on their cases during a government shutdown. The primary concern is added wait time, not inability to file.

VisaVerge.com reports that past shutdowns followed this same pattern — USCIS casework continued even as other programs paused. If lawmakers resolve funding quickly, impacts may be minimal. If not, expect increased processing times but not a halt in filings or decisions for H-4 EAD applicants.