If you are a spouse or child under 21 years of an H-1B visa holder, you can begin working in the US. To do so, you must have an approved H4 EAD document. However, there are certain conditions that you have to fulfill to get an H4 EAD document. For example, your spouse/parent must have an approved I-140 petition or be on AC21 status. You must not have any other work authorization document to work in the US.
So, today, in this blog, we will take you on a tour of how to get an H4 EAD document, whether you are eligible, whether there is a cap limit, how to apply for H4 EAD, what are the required documents, and what the validity of an H4 EAD document is.
So, here we go!
What is H4 EAD?
H4 EAD is a legal document issued by the Department of Homeland Security (DHS)) to certain eligible H4 visa holders. H4 EAD allows H4 dependents of H-1B visa holders to work in the US legally. That means if you have an H4 visa, you can get an H4 EAD document and start working in the US. H4 EAD offers numerous benefits to the H4 visa holder. For example-
- There is no cap limit on H4 EAD. That means there is no availability limit for the H4 EAD. If you fulfill the requirements, you can get the H4 EAD document.
- You can work in any sector, such as technology, medical science, or manufacturing. There are no constraints.
- While applying for the H4 EAD, if you don’t have a job offer, you can still get the H4 EAD and start working once you get it.
- You can start your business in the US if you have H4 EAD.
Who Can Apply for H4 EAD?
To be eligible for applying H4 EAD, you must satisfy any one of the following requirements:
Your H1B visa-holder spouse/parent must have approved Form I-140, an immigrant petition for foreign workers.
OR
Your H-1B visa holder spouse/parent has been granted H-1B status under sections 106(a) and (b) of AC21.
Documents You Need for H4 EAD
Let’s look at the documents you need while applying for H4 EAD and what purpose each document fulfills.
- Must have at least one document to demonstrate you have valid H4 status. You can show either-
A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Non-immigrant Status
OR
A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 non-immigrant or your most recent approved extension of stay. - Must have at least one government-issued identification document with a photo to determine your identity. You can show either –
A copy of the previous EAD (if you have any)
OR
A copy of the biometric page of your passport
OR
A birth certificate with a photo
OR
A visa issued by a foreign consulate
OR
A national identity document with a photo - A copy of your marriage certificate to demonstrate your relation to H1B non-immigrant
- Two 2/2 inch passport-size color photographs
- Must have at least one evidence that demonstrates your eligibility to apply for the H4 EAD –
Evidence that shows H-1B non-immigrant is the principal beneficiary of the approved I-140 petition. You can show this by submitting a copy of the approval notice (Form I-797) for the Form I-140. Form I-797 shows the action taken (approval/rejection) on the I-140 petition.
OR
Evidence that shows H-1B non-immigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). To show that the H-1B non-immigrant worker has been admitted, you can submit a copy of the H-1B non-immigrant passports, previous I-94 forms that have details of arrival/departure, and current and previous Forms I-797 for Form I-129 (petition for non-immigrant worker).
To show that an H-1B non-immigrant worker has been granted an extension of stay, you can also submit evidence either based on filing for a Perm Labor Certification Application or based on a pending Form I-140.
(A) If you opt to submit evidence based on Filing for a Perm labor Certification, in that case, you need to submit the document that shows the H-1B non-immigrant is the beneficiary of a Perm Labor Certification Application that was filed at least 365 days before the authorized period of admission begins under AC21 106(a) and (b). To show this, you can submit a copy of a printout from the DOL website, which shows the status of the H-1B non-immigrant’s Permanent Labor Certification Application.
Moreover, if it has been more than 180 days since DOL certified the Permanent Labor Certification, you need to submit a copy of Form I-797 (Action notice) that shows Form I-140 was filed within 180 days of such DOL certification.
(B) If you opt to submit evidence based on a pending Form I-140, in that case, you need to submit evidence that shows H-1B non-immigrant Form I-140 was filed at least 365 days before the authorized period of admission begins under AC21 106(a) and (b). To show this, you can submit a copy of Form I-797 that shows notice of action for Form I-140.
Please note that if you submit sufficient supporting evidence to your H4 EAD applications, there is less chance of getting a Request for Evidence (RFE).
How To Apply For H4 EAD?
Since now you know what H4 EAD is, how it can help you start working in the US, what are the documents you need to apply for H4 EAD, let’s now discuss how to apply for H4 EAD step by step.
STEP 1- Gather the necessary documents
Gather all the necessary documents. We have discussed the required documents above. So, collect all the documents before filling out the form I-765 for the H4 EAD application.
STEP 2- Complete form I-765
Next, fill out the details carefully on Form I-765, Application for Employment Authorization. Make sure you use the current version of Form I-765 to avoid delays or chances of request of evidence (RFE). For filling in the details, you can refer to Instructions for Form I-765. Remember, if you are filing Form I-765 together with Form I-485, you need to mention your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee.
STEP 3- Pay the Fees
The fee for applying for H4 EAD is $410. You need to make the payment through a cashier check directed to USCIS. There is no other option for online payment as of now.
STEP 4- Submit The Application
You need to submit the form along with the required documents once it is filled out correctly. You need to mail it to the appropriate lockbox. You can click here to locate a nearby lockbox address for your H4 EAD application.
Once USCIS receives the application, it issues you a notice of receipt (Form I-797). You can find a receipt number mentioned on it and use it to track your case status. It usually takes three months to process an EAD application.
Validity of H4 EAD
The validity of EAD is similar to what is mentioned on your recent Form I-94, indicating your H-4 non-immigrant status. Typically, you are authorized to work till the date mentioned on EAD. Moreover, if you are eligible to work even after the expiration date, you must file for renewal EAD by submitting another form, I-765. Remember, you can not apply EAD for renewal with less than 180 days to expire.
Conclusion
H4 EAD is a precious token for you to work in the US while your spouse/parent is on an H-1B visa. If you are planning to get an H4 EAD, ensure you understand the key aspects, such as the eligibility criteria for applying for H4 EAD, the documents to attach to your H4 EAD application form, and the process to apply for H4 EAD. By knowing these aspects and meeting essential requirements, you can file the H4 EAD application form and get it approved to start working in the US.
If you still need help or have questions regarding H4 EAD, contact us at sales@imagility.co.
