Can H4 visa holders work in USA?

This article discussed can H4 visa holders work in USA?

The H4 visa is a dependent visa issued to spouses and children of H1B visa holders.

While H4 visa allows spouses to accompany the primary H1B holder in the United States, the question of whether H4 visa holders can work has been a subject of much discussion and change over the years.

H4 EAD: H4 Visa and Work Authorization

Traditionally, H4 visa holders were not permitted to work in the United States. Their primary role was to accompany their H1B spouse and maintain dependent status. However, the situation changed in 2015 with the introduction of a new rule.

In 2015, the U.S. Citizenship and Immigration Services (USCIS) introduced a rule allowing certain H4 spouses of H1B visa holders to apply for Employment Authorization Documents (EADs). This development significantly impacted the lives of many H4 visa holders, providing them with the opportunity to contribute to the U.S. economy while their spouses pursued their careers.

Eligibility for H4 EAD

To be eligible for an H4 EAD, the primary H1B holder must meet specific criteria:

I-140 Approval: The H1B holder must have an approved Form I-140, which is an immigrant petition filed by their employer. In most cases this petition is part of the EB-2 or EB-3 green card through employment program both of which necessitate a PERM labor certification from the US Department of Labor.
H1B Status: The H1B holder must maintain valid H1B status.

If these conditions are met, the H4 spouse can file Form I-765, Application for Employment Authorization, to request an EAD. Upon approval, the H4 holder can legally work in the United States.

Benefits of H4 EAD

Financial Independence: H4 EAD holders can support themselves and their families financially, reducing dependence on the primary H1B holder’s income.
Career Advancement: It provides an opportunity to gain work experience and advance in their respective fields.
Social Security Number: H4 EAD holder will be eligible for a social security number (SSN). This is also useful for opening bank accounts, leasing a car and being able to build credit history.

The H4 EAD Process

Obtaining an H4 EAD involves several steps:

Eligibility Verification: Ensure that the primary H1B holder meets the eligibility criteria for I-140 approval.
Filing Form I-765: Complete and submit the application form along with the required fees and supporting documents. The current Form I-765 filling fee for an H1B spouse is $520 when filled by mail and $470 if filled online.
Biometrics Appointment: A biometrics appointment to provide fingerprints and digital photograph may be required by USCIS. If required the appointment takes approximately 15 minutes.
EAD Approval: Await the USCIS decision on the EAD application. The USCIS processing time can vary.
Start Working: Once the EAD is approved, the H4 holder can begin working.

Challenges and Considerations

While the H4 EAD has opened new opportunities, it’s essential to be aware of potential challenges:

Processing Times: USCIS processing times for EAD applications can be lengthy, causing delays in starting employment.
Dependent Status: H4 status is still dependent on the primary H1B holder’s status. Any changes in the H1B holder’s employment or immigration status can affect the H4 holder’s EAD.
Job Market Competition: H4 EAD holders may face competition in the job market due to their visa status.

The ability for H4 visa holders to work in the United States has undergone significant changes. The introduction of the H4 EAD has empowered many spouses of H1B holders to contribute to the workforce and achieve financial independence. However, it’s crucial to understand the eligibility requirements, the application process, and the potential challenges involved.

Malescu Law can assist

Contact us or book a consultation with one of ours experienced immigration attorneys if you want to apply for H4 EAD, have questions about eligibility or anticipate changes in the status of the primary H1B visa holder.

Moreover, If you’re an H4 visa holder and unable to work in the U.S., consider exploring other work visa options like O1, E2, L1, TN or others. Contact us for more information.