H-4 EAD: How H-4 Visa Holders Can Get Work Authorization in the U.S.

The H-4 visa is a dependent visa for spouses (and children under 21) of H-1B workers. On its own, H-4 status does not allow employment. However, certain H-4 spouses can obtain an Employment Authorization Document (EAD), often referred to as an H-4 EAD, which grants them open-market work authorization in the United States. This blog post will explain who qualifies for an H-4 EAD, how to apply, processing timelines (including recent delays and news), and answer common questions from forums and FAQs. We’ll also include practical examples and internal links to guide you further. By the end, you’ll understand how an H-4 EAD can be a game-changer for families - and how to navigate the process to start working legally in the U.S. as an H-4 spouse.

What Is the H-4 EAD?

H-4 EAD (Employment Authorization Document) is a work permit available to certain spouses of H-1B visa holders. It was introduced in 2015 to help families where the primary H-1B worker is pursuing a green card. With an approved H-4 EAD, the H-4 spouse can work for any U.S. employer, start a business, or otherwise engage in paid employment without needing their own work visa. It’s essentially an unrestricted work permit, similar to the EADs given to other categories (like L-2 spouses before 2022, or OPT for F-1 students).

Key benefit: An H-4 EAD allows you to work in any field and for any employer. You don’t need employer sponsorship or an LCA. This flexibility means you can job-hunt like a U.S. worker (though you should be upfront about your EAD’s expiration date). Many H-4 spouses find the EAD significantly improves their career opportunities.

However, not all H-4 visa holders are immediately eligible. Let’s look at who qualifies and when you can apply.

Who Is Eligible for an H-4 EAD?

Not every H-4 spouse can get an EAD right away. The H-4 EAD rule is designed for families who are on the path to permanent residency. To qualify for an H-4 EAD, the principal H-1B worker (your spouse) must meet one of two conditions:

• Approved I-140: Your H-1B spouse has an approved Form I-140 (Immigrant Petition for Alien Worker). This means their employer sponsored them for a green card and the I-140 is approved. This is the most common basis - once the I-140 is approved, the H-4 spouse can file for EAD.
• H-1B extension beyond 6 years under AC21: Your H-1B spouse is living in the U.S. beyond the normal 6-year H-1B limit under sections 106(a) or (b) of AC21 (i.e., a green card process has been pending long enough to extend H-1B). In practice, this also means they have a PERM or I-140 in process even if not approved yet. This scenario also makes the H-4 spouse eligible for an EAD.

In simpler terms, the H-1B holder must be in the green card pipeline - either by having an approved I-140 immigrant petition or by qualifying for extended H-1B time beyond six years due to a pending green card process. If that condition is met, the H-4 spouse (who must be in the U.S. in valid H-4 status) can apply for the EAD. H-4 children are not eligible for EADs - only spouses can benefit from this rule (children under 21 can live and study in the U.S. on H-4, but cannot work).

Example: Priya is on H-4 status as the wife of an H-1B software engineer. Initially, she cannot work. After a few years, Priya’s husband’s employer files a green card petition and the I-140 is approved. Now Priya is eligible to apply for an H-4 EAD and start her own career in the U.S.

Note: This differs from other dependent visas. For instance, L-2 spouses can work freely without an EAD (as of a 2022 rule change) and J-2 spouses can apply for an EAD even without a primary green card process. By contrast, H-4 spouses have to wait until the H-1B holder reaches a certain stage. It’s a frustrating gap - H-4 spouses often spend a couple of years unable to work when first arriving. Some families even explore alternative visas like L-1/L-2 if immediate spousal work authorization is a priority. But once you clear the hurdle (approved I-140 or AC21 extension), the H-4 EAD is a fantastic benefit that can tap into dual incomes for the family.

How to Apply for the H-4 EAD (Form I-765)

Applying for an H-4 EAD involves submitting Form I-765 (Application for Employment Authorization) to U.S. Citizenship and Immigration Services (USCIS). Here’s a step-by-step overview:

Ensure you’re eligible: As noted, confirm your H-1B spouse’s I-140 is approved (or they have H-1B extensions under AC21 beyond 6 years). You will need evidence of this (e.g. a copy of the I-140 approval notice or I-797 notice of H-1B extensions citing AC21).

Prepare Form I-765: On the form, you’ll select the category (c)(26) which is the code for H-4 spouse EAD. You will need to fill in your personal details, A-number (if any), and information about your last entry to the U.S., etc. It’s now possible to file the I-765 online through the USCIS online account or by paper.

Gather supporting documents: Typically include:

• Proof of your H-4 status (copy of your H-4 visa and I-94).
• Proof of your spouse’s H-1B status (H-1B approval notice I-797, and your marriage certificate to link you).
• Proof of your spouse’s I-140 approval or evidence of 7th-year H-1B extension eligibility (copy of I-140 approval notice, or copy of H-1B extension approval citing §106 of AC21).
• Your identification (passport copies, photos as per specification, etc.).

Include required fees: The filing fee for Form I-765 is $410 (as of 2025) - double-check the current fee on USCIS.gov as it is subject to change. If filing by mail, include a check or money order; if filing online, you’ll pay electronically.

Submit to the correct USCIS address: If filing on paper, send the package to the USCIS lockbox designated for Form I-765 (category c26). If filing online, simply upload documents and submit through the portal.

Receive receipts and biometrics (if applicable): USCIS will issue an I-797C receipt notice. Currently, H-4 EAD applicants do not require biometrics (fingerprints) because USCIS suspended the biometrics requirement for H-4 and L-2 since 2021 to speed up processing. (This was a major pain point in 2019-2020 when biometrics were introduced, causing huge delays.)

Wait for approval: After some months (discussed below), you or your attorney will get an approval notice. Shortly after, the actual EAD card arrives by mail - a physical card similar to a driver’s license that you show to employers as proof of work authorization.

Tip: You can file the H-4 EAD application concurrently with other applications in some cases. For example, if your spouse is filing an H-1B extension and you are extending your H-4 status (Form I-539), you can bundle the I-765 with those. In the past, concurrent filing sometimes led to simultaneous approvals (especially under a now-expired litigation settlement - more on that in the News section). Just be aware that if filing altogether, any delays or RFEs on one component (like the H-1B) could slow the others. If filing separately, many attorneys recommend waiting until the H-1B (and H-4 extension) are approved, then file the I-765 to avoid confusion.

Once approved, the H-4 EAD card will typically be valid until the end of your H-4 status (often tied to the H-1B’s validity period). For instance, if your H-4 status is valid till Dec 2026, the EAD might be issued through Dec 2026 as well. If your spouse extends H-1B beyond that, you would file for H-4 extension and EAD renewal accordingly.

H-4 EAD Processing Time in 2025: How Long Does It Take?

One of the biggest questions H-4 spouses ask is: “How long will my EAD take to get approved?” The answer has unfortunately been varied and often frustrating. Processing times for the H-4 EAD (I-765) can range widely, from a couple of months in the best cases to almost a year in others. Let’s break down the current timeline and what factors influence it:

• Typical Processing Timeline: On average, many H-4 EAD applicants in 2024-2025 report 6 to 8 months from filing to approval. Some service centers are faster (e.g. the California or Texas centers might do it in ~4 months if workloads are lighter), while others (Vermont, Nebraska) have been slower, pushing 9-12 months in worst cases. Anecdotally on forums, people have seen anywhere from ~2 months (very lucky) to ~12 months (if issues or backlogs). Most common seems to be about half a year.
• Concurrent Filing with Premium H-1B: If you filed your H-4 and EAD together with your spouse’s H-1B extension under premium processing before early 2025, you likely benefited from a temporary policy where USCIS processed H-4 and EAD along with the H-1B. Under a settlement (Edakunni v. Mayorkas), USCIS was, until Jan 2025, approving the I-539 and I-765 at roughly the same time as the premium H-1B (often within 15 days). This was huge - many H-4 spouses got their new EADs in two to three weeks instead of six months. However, that settlement ended on Jan 18, 2025 and as of the new administration, USCIS is no longer obligated to link the cases. So going forward in 2025, if you file concurrently, your H-1B might get approved in 15 days (with premium) but the H-4 and EAD could be left behind in the regular queue. Expect those to take their own several months processing time now.
• Standalone H-4 EAD filing: If you apply for an EAD on its own (for instance, your H-4 status is already valid for 2 more years, spouse’s I-140 just got approved, and now you file I-765 by itself), the processing will depend on the workload of the service center handling I-765 for c(26) category. As noted, this can be anywhere from 3-10 months. Always check the latest USCIS posted processing times for I-765 (category C26, at the service center that got your case) - it will usually give a range (e.g. “80% of cases in 8 months”).
• Factors causing delays: A major factor that caused delays was the biometrics requirement instituted in 2019 for H-4s - this created bottlenecks. It was suspended in 2021 and remains suspended, which helps. Backlogs from the COVID-19 pandemic and staffing issues have also contributed. In early 2023, a lot of cases were stuck, but USCIS has been catching up. The end of concurrent premium processing (Edakunni) in 2025 is expected to add delays again - some predict H-4 EAD times could exceed 6 months easily going forward.
• Expedite option: Can you expedite an H-4 EAD? USCIS has an expedite request process for severe circumstances (e.g. humanitarian reasons, significant loss to company or person). It’s difficult to get an expedite approved for EAD unless you have a strong argument (like a healthcare worker needed for COVID response, or financial loss that meets criteria). There is no premium processing for H-4 EAD as of early 2025 - you can’t pay a fee to guarantee faster service yet (discussed more below in the News/Updates). Some applicants enlist their local Congressperson to inquire or request an expedite on their behalf, with mixed success. Generally, unless you have a truly urgent scenario, you need to plan for the normal timeline.

Real-world timeline example: Anika mailed her H-4 EAD application on January 10, 2025. Her case was routed to the Nebraska Service Center. As months passed, she checked USCIS processing times showing 8.5 months for 80% of cases. Around early August 2025 (nearly 7 months later), she finally saw her case status change to “New card is being produced,” and received the EAD approval by mid-August. In contrast, her friend filed for H-4 EAD in June 2024 concurrently with her husband’s H-1B premium renewal and (thanks to the now-expired policy) got her EAD by July 2024. The difference is stark, highlighting how policies can change wait times.

Tip: If you’re renewing an existing H-4 EAD, file as early as possible (up to 180 days before expiry). A huge saving grace is the automatic extension policy for EAD renewals. As of Jan 2025, H-4 spouses who file a renewal in time get an automatic extension of work authorization for up to 540 days past the EAD expiration (was previously 180 days). This means if you renew before your current EAD expires, you could keep working for up to 18 months while the renewal is pending - no more sudden job loss at the 6-month mark. The automatic extension ends either when your renewal is approved or at 540 days, or if your H-4 status itself expires earlier. This policy is extremely helpful given the long processing times.

H-4 EAD News & Recent Developments (2024-2025)

The H-4 EAD program has seen its share of ups and downs, and it remains a topic of immigration policy discussion. Here are some recent updates and news that anyone interested in H-4 EADs should know:

• Potential Threat of H-4 EAD Removal: During the Trump administration’s first term (2017-2020), there were attempts to rescind the H-4 EAD rule entirely. The idea was to prevent H-4 spouses from working, under the argument of protecting U.S. jobs. Those attempts never fully succeeded, and the rule stayed in place. Now, with a new administration in 2025, there is again speculation and concern that the H-4 EAD could be targeted. As of this writing, H-4 EADs are still allowed - no change has been enacted. But immigration attorneys are watching closely. If any regulatory change is formally proposed, there will likely be a notice-and-comment period. In short, right now you can absolutely apply for and use an H-4 EAD, but stay tuned to news if you’re planning long-term, as the program’s future could become a political football.
• End of Bundled Premium Processing (Jan 2025): We discussed this above - the end of the Edakunni settlement in January 2025 means longer waits unless one other thing happens… (next bullet)
• Premium Processing for H-4 EAD: Coming Soon? Congress actually authorized USCIS to expand premium processing to more case types, including H-4 and EADs, back in fall 2020. USCIS has been slowly rolling this out. H-4 EAD premium processing is on the roadmap, but not yet available. USCIS indicated it hopes to implement premium for H-4 EAD by Fiscal Year 2025 (which runs Oct 2024 - Sep 2025). The planned fee is $1,500 for 30-day processing. If and when this becomes available, H-4 spouses could pay that fee to get a decision in 30 days - a huge relief for those who can afford it, compared to waiting 7-12 months in the normal queue. As of mid-2025, no exact start date for H-4 EAD premium processing has been announced - it’s something on the horizon. So, if you’re applying now, assume you’ll go through regular processing, but keep an ear out in case later in 2025 you can upgrade to premium.
• L-2 and H-4 EAD Litigation: There was notable litigation (Shergill v. Mayorkas) in 2021 that resulted in the automatic extension rule for certain EADs (which benefited H-4s, as mentioned with the 540-day rule). That litigation also acknowledged the hardship caused by H-4 EAD delays. While it didn’t force premium processing, it did prompt USCIS to improve things somewhat. The fight for faster H-4 EAD processing is an ongoing advocacy issue.
• H-4 EAD Usage and Impact: Over 100,000 H-4 spouses have obtained EADs in recent years, many of them highly skilled individuals (a large portion are women from India with advanced degrees who can contribute to the workforce)galevisa.com. Removing the H-4 EAD would have significant economic impact on families. A 2022 DHS report noted that H-4 EAD holders make substantial contributions. This context is often raised in defense whenever removal is on the table. For now, the program remains intact and continues to be a vital lifeline for two-income households.

FAQs: Common Questions about H-4 EAD

Q: Do I need a job offer to apply for H-4 EAD? A: No, you do not need a job offer. The H-4 EAD is not employer-sponsored. It’s a personal work permit. You can apply as soon as you are eligible, and once you have the EAD, you can seek jobs (or start work) anywhere. The EAD even allows self-employment. There’s no requirement that you have a job lined up - in fact many people apply preemptively so that once the card arrives, they can job hunt with work authorization in hand.

Q: Is it easy to get a job on H-4 EAD? A: The H-4 EAD lets you work legally, which removes a huge barrier (no company needs to sponsor your visa). In that sense, it makes finding a job easier than if you needed H-1B sponsorship. Many H-4 EAD holders do secure jobs in their field. However, you still have to compete on the job market. Some employers might not be familiar with an “H-4 EAD,” so be ready to explain that it’s a DHS-issued unrestricted work permit. You’ll also need to discuss what happens when it expires (e.g. mention the pending renewal or future plans). But overall, having an H-4 EAD puts you on similar footing to a U.S. worker for the duration of the card.

Q: How long is the H-4 EAD valid? A: Typically, it’s valid until the end of your current H-4 status. If your H-4 visa/status expires in 2 years, expect a 2-year EAD. It cannot exceed your H-4’s validity. If your spouse extends H-1B and your H-4 is extended, you’ll need to renew the EAD (by filing a new I-765). As noted, renewals filed timely get an automatic extension up to 540 days, so plan to file 4-6 months before expiry.

Q: My spouse is an H-1B but doesn’t have a green card process started. Any way I can work? A: Not through an H-4 EAD, unfortunately. If the green card process hasn’t begun (no I-140 yet, still in first 6 years), the H-4 EAD isn’t available. Alternatives: some H-4 spouses change status to other visas if they qualify individually - for example, an H-4 could enroll as a student and change to F-1 visa (perhaps getting OPT work authorization later), or if you have extraordinary skills you could try for an O-1 visa, etc. These are complex routes. Another alternative is your spouse’s employer initiating the green card process earlier than usual, so that you can get an I-140 approval sooner. Many employers wait until the H-1B is in year 4 or 5 to start the process, but there’s no rule preventing starting in year 1. Initiating it earlier could potentially let you apply for an H-4 EAD earlier. Consult with an immigration attorney about strategies if working is a pressing need.

Q: Can I start a business on H-4 EAD? A: Yes. The EAD allows work for any employer or yourself. You can start an LLC, be self-employed, freelance, etc. Just be mindful to maintain your H-4 status (which is tied to your H-1B spouse maintaining their H-1B). If your spouse loses H-1B status, your H-4 (and EAD) would end, so plan accordingly. But plenty of H-4 EAD holders have become entrepreneurs, started side businesses, or worked as independent contractors. The income is authorized.

Q: What happens if my H-4 EAD is still pending and my spouse’s H-1B (and my H-4) expires? A: This can be tricky. Ideally, you file the H-1B extension, H-4 extension, and your EAD together. If your H-4 status lapses (i.e. H-1B wasn’t extended in time), you’d lose eligibility for the EAD because you must be in valid H-4 status to get an EAD. If everything is filed before expiration, you are in a period of authorized stay while waiting. The EAD itself can only be approved if the underlying H-4 gets extended. So usually USCIS will first approve H-1B, then H-4, then EAD (if not concurrent). If for some reason the H-4 extension is denied or your spouse’s H-1B extension is denied, the EAD would be denied as well. Always keep your primary status extensions on track, as the EAD is a byproduct of that.

Q: Does the H-4 EAD have any travel restrictions? A: The EAD card by itself is not a travel document; it’s not a visa. To re-enter the U.S., you still need a valid H-4 visa stamp in your passport. If you travel abroad while EAD is pending, that’s usually fine (make sure to return in H-4 status). If you travel after it’s approved, carry the card and your H-4 visa for reentry. Travel does not void an H-4 EAD, and you can use it until expiration as long as you are in H-4 status.

Q: Could the H-4 EAD really be taken away in the future? A: It’s possible but would take time. The administration would have to go through the federal rulemaking process to rescind the regulation that allows H-4 EADs. In the late 2010s, such a rescission was proposed but delayed and eventually shelved. Any new attempt would face opposition and legal challenges (and might take a year or more to implement, if at all). Many stakeholders would argue against it, citing the contributions of H-4 workers. So while there is talk of cancellation in some circles, nothing has changed as of now. If you’re eligible, our advice is to get the EAD and make use of it. If rule changes occur, those with existing EADs might potentially be grandfathered until expiry - though new applications could be stopped. Again, this is speculative; we’ll monitor any policy moves. For now, continue as normal.

Navigating the H-4 EAD process can be daunting, especially with changing policies and long wait times. But thousands of H-4 spouses have successfully obtained work authorization and launched careers in the U.S. The freedom to work can be life-changing for you and your family’s financial and personal growth.

If you need personalized guidance on the H-4 EAD - from preparing a strong application to strategizing around delays - consider consulting with an immigration lawyer. Our firm Gale (a tech-forward, Y-Combinator backed immigration law platform) has helped many H-4 clients secure EADs and plan their futures. We stay on top of the latest H-4 EAD news (like premium processing updates or policy changes) to advise you. Don’t let uncertainty or paperwork hurdles hold you back from your career. Book a consultation with Gale to discuss your situation one-on-one. We’ll provide clear, lawyerly guidance to help you unlock your work authorization and make the most of life in the U.S. as an H-4 visa holder.

Also, see our L-1 Visa Guide for comparison, since L-2 spouses can work without an EAD (unlike H-4).