EADs For H-4 Spouses

A Simple Guide
IMMIGRATION ATTORNEY
CARL SHUSTERMAN

WWW.SHUSTERMAN.COM
(213) 623-4592 X0

EADs For H-4 Spouses

On May 26, 2015, USCIS began

accepting form I-765 EAD
applications submitted by certain
H-4 spouses of H-1B
professionals
What follows are the most
frequently asked questions about
this new policy

Which H-4 spouses are eligible for EADs?

An H-4 spouse of an H-1B
professional who has
An approved I-140 visa
petition; or
An approved post-6th year H1B extension based on AC-21,
whether 1 year or 3 years.

What do I need to file with USCIS?

Form I-765, with proof of your H-4
status
Show that your spouse is in H-1B
status and has a post-6th year
extension based on AC-21 or an
approved I-140
You may apply for an EAD
concurrently with your H-4
The filing fee

How long will my EAD be valid?

Be sure to request that

your EAD last for as long
as your H-4 status is valid

Are there any limits on my employment?

You can work in any type of lawful
employment. You may:
Work for multiple employers
Change jobs at any time
Start your own business
Work as a salaried employee, an
hourly employee or a contractor

If my spouse and I are both in H-1B status, can I change

to H-4 status and request an EAD at the same time?

Yes, as long as you meet

the eligibility
requirements previously
discussed

How early am I allowed to submit my H-4

extension and EAD application?

Both can be submitted,

concurrently, 6 months
prior to the expiration of
your H-4 status

How long will it take for me to receive an EAD?

EADs should be issued

within 90 days after
USCIS receives your I765

What if my spouse no longer works for the

employer who filed his/her approved I-140?

People in H-1B status (with approved I-140s and

pending I-485s) can change employers after their I485 has been pending for 180 days or more
If their new job is in a similar occupation, no new
PERM or I-140 is required
If not, they will be able to retain the old priority
date, but their new employer may have to file a new
PERM application and an I-140 visa petition

Can I use premium processing to apply for an EAD? Can I file my

application online? Is it possible for an H-4 child of a parent in H-1B status
to apply for an EAD?

The answer to each of

these questions is No

Approximately how many H-4 spouses will be able

to qualify for EADs?

Up to 179,600 H-4 spouses

will be eligible during the first
year of the program
55,000 will be eligible each
subsequent year
It does not matter whether
your spouses H-1B is capsubject or cap-exempt