With so much going on and all forms need to be filed, ead work permit for h4 visa is something that may slip your mind. This can be an extremely frustrating process especially when you are trying to work your way through all the red tape. However, you should know that the ead work permit for h4 visa is not as hard as it seems; it is actually a very simple process if you know what steps to take, who to choose, and where to go.

Having an H4 ead work permit is not the same as having a h1b visa, the latter being a non-immigrant visa while the former is just a type of non-immigrant status. Although both are considered to be benefits by the department of homeland security and they both permit their holders to live and work in the united states, they differ greatly as per their legal status. Unlike h1b, people who have been approved to have an H4 ead are not allowed (at least not explicitly) to work for a company or an organization. H4 visa was created for spouses of h1b visa holders (often referred to as h4 visa holders either from India or from Canada) that did not adjust their status through the years and remained on h4 visas. An ead or employment authorization document is given to such persons after they have been admitted into the United States and it is almost similar to an interim usa government issued ID card bearing one’s photograph and basic personal information about them. (what kind of work you can perform under this kind of visa). One can apply for an ead card even if he/she has applied for an extension permission form which acknowledges one’s eligibility to get an ead card.

Ead Work Permit For H4

If you are in the United States on an H4 visa, you will soon have the chance to apply for a work permit. You’ve probably already heard about this news and are wondering what all of the hype is about. What’s the EAD? Why do so many people seem excited about it? Let’s talk about that.

Employment Authorization for Certain H-4 Dependent Spouses

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling.

Do I qualify for the H4 EAD Program?

Not all those who have an H-4 visa and are dependents of H-1B visa holders are eligible to apply for an EAD. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. The requirements are as follows:

Ad

• The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved
• The H-1B visa holder must have a status approved under sections 106(a) and (b) of the American Competitiveness in the 21^st Century Act of 2000. This act is amended by the 21^st Century Department of Justice Appropriations Authorization Act (AC21). This act (AC21) allows H-1B visa holders to stay in the US beyond the six year limit if they are seeking lawful permanent residence (Employment Based Green Card).

If the H-1B person has a status granted under the AC21 act, their employer must have filed the PERM Labor Certification and Form I-140 at least 365 days before the employee reaches the 6 year H-1B cap. The H-4 visa holder can apply for the EAD only after this procedure has been completed.

The H-1B person might have filed for the I-140 form, but if it is not granted, the H-4 visa holder cannot apply for an EAD. In addition, if for some reason, the I-140 status if revoked from the H-1B spouse, the EAD will also be revoked from the person holding an H-4 visa.

If the person who has the H-4 status does not fulfill one of these requirements, they will not be allowed to file for an EAD. Even if they try to apply, USCIS will reject them on the grounds of non-eligibility.

Ad

How to get a H4 EAD to work in USA?

There is a certain H-4 EAD process that applicants need to go through to get the authorization. This includes filing different H-4 EAD documents and paying H-4 EAD fees. Before you start your application process for the EAD, make sure to first check whether you are eligible for it or not. In case of eligibility, you can then start the procedures to get your EAD.

Submit the necessary documents

These documents are necessary to file for the EAD:

Ad

• Form I-765, Application for Employment Authorization
• Receipt that you have paid the application fees. The fee for applying for an EAD is $410. The payment needs to be made through a cashier’s check directed to USCIS. Unfortunately, there is no option to complete the payments online.
• Copy of your most recent Form I-94 that shows you are in the US with an H-4 visa.
• Form I-797 and Form I-539 which prove your stay in the US has been extended.
• 2 identical photographs which have Form I-94 number printed on the back with a pencil.
• Proof of your relationship with the H-1B visa holder through submitting a copy of your marriage certificate.
• A copy of the H-1B visa holder’s Form I-140 (or the approval notice if it has not been approved yet).
• Copies of the H-1B visa holder’s Form I-129, Form I-797, and current and prior Forms I-94.
• Copies of the H-1B visa holder’s current and old passports.
• Proof that Form I-140 or the PERM certification was filed for the H-1B visa holder at least 365 days before their visa reached the 6 year limit. This could be done by submitting copies of correspondence with the Department of Labor.
• If you want to receive electronic notifications of when your application has been accepted by USCIS, also submit Form G-1145, E-notification or Application/Petition Acceptance. This form should be attached to the first page of your application.

EAD Renewal

If you have had an EAD before and are only renewing it, you should also submit one of these additional documents:

• Copy of your previous EAD
• Your passport, which contains your name, last name, and a picture
• Your birth certificate with a photograph
• Your national documents with a photograph or fingerprints
• A foreign country visa

There are EAD applicants which lack one or more of these documents. In that case, you should be aware that you must file documents which qualify as secondary evidence. Secondary evidence includes:

• Receipt number of Form I-129 of the H-1B visa holder when they requested an extension of stay
• Receipt number of the approved Form I-140 of the H-1B visa holder

Since H-4 EAD applicants are foreign nationals, you might have documents that are in your own native language. You should be aware that USCIS or any US agency does not accept documents in a foreign language besides English.

So if you have such documents, make sure to send them to a certified translator and have them translated to English. In addition, the translated documents should be properly notarized so that US agencies can have verifiable proof that they are well translated and not fraudulent documents.

If USCIS approves your application and you are given the EAD, you will receive Form I-766, which allows you to start working. You cannot begin employment if you don’t have a Form I-766.