Immigration Law

How to File an H-4 EAD: Steps, Fees, and Form I-765

Apply for H-4 EAD with our expert guide, covering steps, fees, and Form I-765 requirements for H-4 visa holders

Introduction to H-4 EAD

The H-4 EAD is a work permit that allows certain H-4 visa holders to work in the United States. To be eligible, the H-4 visa holder's spouse must have an H-1B visa and be in the process of obtaining a Green Card.

The H-4 EAD is a valuable opportunity for H-4 visa holders to gain work experience and contribute to their families' financial well-being. However, the application process can be complex, and it's essential to understand the requirements and procedures involved.

Eligibility Requirements for H-4 EAD

To be eligible for an H-4 EAD, the applicant must be the spouse of an H-1B visa holder who has an approved I-140 petition or is in the process of obtaining a Green Card. The applicant must also have a valid H-4 visa and be physically present in the United States.

In addition, the applicant must not have any outstanding immigration issues or be subject to any bars to admission. It's essential to review the eligibility requirements carefully to ensure that the applicant qualifies for an H-4 EAD.

H-4 EAD Application Process

To apply for an H-4 EAD, the applicant must submit Form I-765, Application for Employment Authorization, to US Citizenship and Immigration Services (USCIS). The application must be accompanied by supporting documents, including proof of H-4 status and the spouse's H-1B visa and I-140 petition.

The applicant must also pay the required filing fee, which is currently $410. It's essential to follow the instructions carefully and submit a complete application to avoid delays or rejection.

H-4 EAD Fees and Processing Time

The filing fee for an H-4 EAD application is $410, which must be paid by check or money order. In addition, the applicant may need to pay for biometric services, which cost $85.

The processing time for an H-4 EAD application can vary, but it typically takes several months. The applicant can check the status of their application online or by contacting USCIS directly. It's essential to plan ahead and apply early to avoid delays or gaps in employment authorization.

Conclusion and Next Steps

Applying for an H-4 EAD can be a complex and time-consuming process, but it's a valuable opportunity for H-4 visa holders to gain work experience and contribute to their families' financial well-being.

It's essential to review the eligibility requirements and application process carefully and seek professional advice if necessary. By following the steps outlined above and submitting a complete application, H-4 visa holders can obtain an EAD and start working in the United States.

Frequently Asked Questions

What is the purpose of Form I-765 for H-4 EAD?

Form I-765 is used to apply for an H-4 EAD, which allows certain H-4 visa holders to work in the United States.

Can I apply for an H-4 EAD if my spouse has an L-1 visa?

No, the H-4 EAD is only available to spouses of H-1B visa holders who have an approved I-140 petition or are in the process of obtaining a Green Card.

How long does it take to process an H-4 EAD application?

The processing time for an H-4 EAD application can vary, but it typically takes several months.

Can I work while my H-4 EAD application is pending?

No, you cannot work while your H-4 EAD application is pending. You must wait until your application is approved and you receive your EAD card before starting work.

Do I need to renew my H-4 EAD?

Yes, H-4 EADs are typically valid for one year and must be renewed before they expire. You can apply for renewal 120 days before your current EAD expires.

Can I apply for a Social Security number with my H-4 EAD?

Yes, you can apply for a Social Security number with your H-4 EAD. You will need to provide proof of your identity and work authorization to the Social Security Administration.