H-4 EAD During Government Shutdown: Spouse’s H-1B Pending

Families on H-1B and H-4 visas once again face the same question whenever Washington edges toward a funding lapse: what happens to work authorization if the federal government shuts down? For H-4 spouses with an H-4 EAD, the answer is steadier than the headlines. Because U.S. Citizenship and Immigration Services is primarily fee-funded, USCIS processing continues during a government shutdown, and that means H-1B extension petitions and H-4 EAD applications typically move forward.

If your spouse’s H-1B extension was filed on time and remains pending, your H-4 EAD work authorization generally remains valid and unaffected, and you can keep working while USCIS completes the case.

Why USCIS continues to operate during a shutdown

The practical reason is simple. While many federal agencies close or scale back during a funding lapse, USCIS operations are paid mostly by application fees, not annual appropriations. This structure shields key services from the stop-and-start that affects other parts of the government.

For families counting paychecks and school schedules, that continuity matters. It means employers can still file extensions on Form I-129, and H-4 spouses can still file or renew their work cards on Form I-765, even if lawmakers deadlock over a budget. USCIS can receive, accept, and adjudicate these filings because the agency’s work is not tied to the budget clock in the same way Congress controls many other federal services.

• Employers: file H-1B extensions using Form I-129 (see Form I-129, Petition for a Nonimmigrant Worker)
• H-4 spouses: file initial or renewal EADs using Form I-765 (see Form I-765, Application for Employment Authorization)

Limits and ripple effects across the immigration system

Shutdowns do not unfold evenly across agencies:

• The Department of Labor (DOL) certifies the Labor Condition Application (LCA) that many H-1B filings rely on. If DOL runs out of funding, it may pause most functions, slowing new H-1B filings that need a fresh LCA.
• However, when an employer already has a certified LCA and filed an H-1B extension before a shutdown, USCIS can keep adjudicating the case under normal procedures.

In other words, for families whose H-1B extension was filed properly and on time, a DOL shutdown doesn’t undo existing filings or pull work authorization away from an H-4 spouse whose EAD is valid.

Legal basis for H-4 employment

The H-4 EAD exists because of a 2015 Department of Homeland Security rule that allows certain H-4 spouses to work if the H-1B principal is far along in the green card process (for example, with an approved I-140). DHS has not revoked that rule.

• There is no current policy that automatically cancels H-4 work authorization due to a government shutdown.
• Earlier proposals to end H-4 employment never became final regulation.
• As of 2025, the 2015 rule is still in effect. For official guidance on eligibility and filing, see USCIS’s page: Employment Authorization for Certain H-4 Dependent Spouses.

What a timely-filed H-1B extension means for H-4 EAD holders

A timely filed H-1B extension—submitted up to six months before expiration—keeps the H-1B worker in a continuing authorized period until USCIS decides the case. That supports the linked H-4 status and the H-4 EAD work authorization.

Put plainly:

• If the H-1B extension is on file and pending at USCIS, the H-4 spouse can keep working on a valid EAD.
• A government shutdown does not change that core rule.

How USCIS behaves during a shutdown

USCIS processing continues even if the rest of Washington is at a standstill. The agency still:

• receives application fees,
• routes cases,
• issues receipts, biometrics notices, and decisions.

While individual timelines can vary, the mechanism that moves a file from intake to final decision remains in place during a shutdown. Employers and spouses should continue to use the normal forms and follow USCIS instructions:

• Form I-129, Petition for a Nonimmigrant Worker
• Form I-765, Application for Employment Authorization

Direct vs. indirect effects

• Direct effect: A shutdown does not pause H-4 EAD eligibility or stop USCIS from issuing receipts and decisions.
• Indirect effect: A prolonged DOL shutdown can delay new LCAs, which can prevent new H-1B extensions from being filed until DOL reopens. That can compress future filing windows and increase stress for HR and legal teams.

For families with already pending H-1B extensions and certified LCAs, the immediate impact is minimal—USCIS continues adjudication and the H-4 EAD remains linked to that pending extension.

Practical advice families and employers should follow

When shutdown talk starts, common practical questions are whether to file early and whether to carry additional documents. The answers align with longstanding best practices:

1. File early when possible
   • Employers can file H-1B extensions up to six months before expiration.
   • Early filing builds a cushion useful during political uncertainty.

1. Keep documentation handy
   • Carry copies of the spouse’s H-1B receipt notice for the pending extension.
   • Keep your own H-4 approval or receipt, and your unexpired EAD card.
   • These documents help with employer compliance checks.
2. Employer obligations
   • Corporate immigration teams: confirm the LCA was certified before filing the H-1B extension and keep timestamped records.
   • Payroll/I-9 teams: treat an H-4 EAD like any other Employment Authorization Document. If it’s unexpired and status remains valid, the worker can continue employment.
   • Reverification: follow standard process and accept receipts where federal rules allow.
3. Personal record-keeping
   • Save EAD approval notices, scans of the EAD front and back, and track expiration dates to plan renewals early.

Premium processing

Premium processing (faster adjudication for an extra fee) isn’t detailed in the source material, but the same fee-funded logic suggests USCIS fee-based services continue during a shutdown. Families considering premium processing should weigh company policy, cost, and timing with counsel.

Key takeaways (quick reference)

• USCIS continues to accept and process H-1B Form I-129 petitions and H-4 EAD Form I-765 applications during a government shutdown, because it is fee-funded.
• A timely filed H-1B extension keeps the H-1B principal in a continuing authorized period while USCIS decides the case, supporting the spouse’s H-4 status and H-4 EAD.
• There is no automatic revocation of H-4 EAD due to a shutdown or a pending H-1B extension.
• DOL delays can affect new filings that need an LCA, but they do not undo already filed H-1B extensions with certified LCAs or the linked H-4 EAD work authorization.
• The 2015 DHS rule allowing H-4 work remains in effect as of 2025.

If your case is in the pipeline, your H-4 EAD stays anchored to your spouse’s timely filed H-1B extension. The immediate rule is: file on time, keep records current, and USCIS will continue processing.

Everyday impact and context

Those steady points form the backbone of day-to-day life for thousands of mixed-status households. Consider a spouse in a tech corridor whose partner’s H-1B end date is in November. The employer files an extension in May with a certified LCA. In September, Congress misses a funding deadline and some agencies go dark. Under the rules above:

• USCIS keeps the extension moving.
• The H-4 spouse’s EAD status remains tied to a valid H-4.
• Work continues, bills get paid, kids’ schedules stay on track.

The shutdown makes the news, but it does not pull one partner out of the workforce.

Travel, borders, and other considerations

The source material focuses mainly on domestic filings, not travel. The core point still holds: USCIS processing of H-1B and H-4 EAD applications continues because the agency runs on fees. If travel is necessary, review personal documents and consult counsel. Nothing in a shutdown by itself cancels H-4 EAD work authorization for those who already qualify and hold valid cards while an H-1B extension is pending.

Routine habits to reduce stress

• File early to build a time cushion.
• Keep copies of all receipts, approvals, and current identity/work documents.
• Track EAD expiration dates and plan renewals ahead of time.
• Communicate with HR or counsel before reverification dates.

None of these steps is unique to a shutdown, but each reduces the chance that a bureaucratic pause elsewhere causes last-minute stress.

Policy stability over time

Over the past decade, the H-4 EAD has faced political debate across administrations. Proposals to roll back H-4 employment did not become final rules, and as of 2025 the 2015 framework remains in place.

• Shutdowns have come and gone, but shutdowns don’t rewrite the rulebook for H-4 EAD, and USCIS processing keeps going while budget fights play out in Congress.

Should you stop working when a shutdown is announced?

Short answer: No, not if you have a valid H-4 EAD and your spouse’s H-1B extension was filed on time and is pending with USCIS. Your legal right to work comes from the EAD card and your H-4 status—both remain valid through the processes described above. If your EAD expires, follow normal renewal rules and plan filings well in advance.

Official resources

• Form I-129, Petition for a Nonimmigrant Worker
• Form I-765, Application for Employment Authorization
• Employment Authorization for Certain H-4 Dependent Spouses

Final thought

When the federal budget clock runs down, immigration news is often full of what-ifs. In this case, the steady answer gives families room to breathe: USCIS remains open for business, H-1B extension petitions continue, and H-4 EAD work authorization is not cut off just because the rest of Washington might be. For H-4 spouses who have built careers in classrooms, clinics, studios, and software teams, that steadiness is more than a bureaucratic footnote — it’s the path to keep working, supporting a household, and waiting for the longer journey to permanent residence to play out.