How do I apply for the H4 EAD?
- Complete form I-765
- Submit supporting evidence Your H-4 status A copy of a current Form I-797 approval for Form I-539 A copy of Form I-94 showing admission of H-4 status Official identification issued by the government A copy of your last EAD Copy of your passport Birth certificate with photo ID Visa issued by a foreign consulate National ID document with photo ...
- Form I-765, Application for Employment Authorization.
- Receipt that you have paid the application fees. ...
- 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.
What documents are needed for a H4 visa EAD?
- Passport showing your picture, name, and date of birth
- A birth certificate with photo ID
- A visa issued by a foreign consulate
- A national ID document with photo and/or fingerprint.
How to apply an EAD for someone on h4 visa?
- Either Perm Labor Certification (LC) or I-140 application must not have received a final denial or revocation decision.
- It is not necessary that the Perm LC or I-140 is approved.
- Just because H-1B visa holder has been in the US for more than 6 years, it does not make the H4 visa holder eligible to apply for EAD. ...
How to apply for the H4 EAD?
The following documents are required to submit an application for H4 visa EAD:
- Fee Payment There is no online payment. ...
- Form I-765, Application For Employment Authorization Choose eligibility category as (c) (26) while filling the form. ...
- A copy of Form I-94, non immigrant arrival/departure record (front and back, if applicable).
Does H4 EAD need sponsorship?
With an EAD you do not need to have a Labor Condition Application (LCA), petition or sponsorship (Form I-129) from US government agencies. The EAD allows you to work in any sector of the economy in any type of legal job, so you are not only constrained to jobs which require extraordinary ability.
How can H4 get EAD?
You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.
What is the eligibility category for H4 EAD?
H4 EAD Eligibility category code is C(26).
How long does it take for H4 EAD to get approved?
H4 EAD Application processing time for applying for approval (without RFE) usually takes 30–90 days from the date of receipt. After approval, it takes another ten days to get approval notice by mail, and approx. Fifteen days to get EAD card. You can raise a request after 75 days to get the latest update.
Can I file H4 EAD on my own?
Q: Do I need to apply for H4 visa EAD through an attorney, or can I do this on my own? A: Just like any other immigration petition, you don't have to go through an attorney, and you can do it yourself.
How much does H4 EAD cost?
$410 USDH4 EAD filing fee is $410 USD. You can submit a check or money order that is drawn on a bank that is located in USA and payable in USD. The check or money order should be payable to “U.S. Department of Homeland Security”. DO NOT use short forms like DHS or USDHS.
Which is better H-1B or H4 EAD?
The bottom line is that when uninterrupted employment is critical for a position and career growth, H-1B employment may actually be a better (or at least, safer) option compared to H-4 EAD employment.
Does H4 EAD require sponsorship?
If you have an EAD, you will not need any petition or sponsorship, or an LCA (Labor Condition Application). You will be able to work in just any field of the economy. Unlike your spouse, who has an H1B visa, you can pretty much work for any job that you want.
Can I apply for H4 EAD from India?
Can I file H4 EAD from India? You cannot file an H4 EAD application from India. You should be physically present in the USA at the time of filing the H4 EAD application.
Is I-140 required for H4 EAD?
H-4 visa EAD can be applied as soon as H-1B spouse's I-140 is approved, as there is no waiting time (minimum duration) after the approval of I-140 when H-4 visa can be applied.
What documents are required for H4 EAD?
H4 Visa EAD Documents RequiredEvidence of H4 Visa Status. ... Government-Issued Identification Document with Photo. ... Evidence of Relationship to H1B Nonimmigrant. ... Evidence of Your Basis for Eligibility for EAD. ... Secondary Evidence. ... Photos for EAD Card Production. ... Translated Documents.
Who applies for H4 EAD?
Eligible individuals for an H4 EAD include H4 dependent spouses of H1B employees who have been in the US for more than six years on H1B status or who have begun the Green Card process in the US. These H4 visa EAD FAQs provide answers to some of the commonly asked H4 EAD questions including how to apply for the EAD.
What is C26 category on EAD?
For example, C26 code under EAD Category code means EAD given for H4 visa holders. But, C26 code under the Green Card category codes is given for spouses of Lawful Permanent Residents, who are subject to country limits and get green card using the adjustment of status option.
What is eligibility category C09?
The most common scenario is that the cardholder was "sponsored" for permanent residence by a U.S. employer or relative, such as a spouse. In this case, an H-1B alien can apply for an adjustment-based EAD when the "sponsor" files the petition. The category in this case is C09.
Who may file Form I-765 eligibility category?
What Is the Purpose of Form I-765? Certain foreign nationals who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).
What is category C33 on employment authorization card?
USCIS EAD Category Codes for H4, L2 EAD. Automatic 180 EAD extension for A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19....USCIS EAD Category Codes.CodeEAD Code Eligibility180-Day Automatic Extension?C33An alien who has been granted Deferred Action for childhood arrivals (DACA)N50 more rows
How to prove you are eligible for an EAD?
To prove you are eligible for an EAD you must include copies of your spouse's immigration papers that show their H-1B status. This could be a copy of approval notices, or of your spouse's visa.
How to work in the US?
To work in the US, you must first apply for an employment authorization document (EAD). All you need to do is complete Form I-765 and submit it to US Citizenship and Immigration Services (USCIS) along with other documentation and the required fee. You cannot start a job in the US until you have your EAD.
How to contact USCIS about spouse status?
If you have questions about your spouse's status, or about your eligibility, call the USCIS National Customer Service Center at 1-800-375-5283 or talk to an experienced immigration attorney. Download Form I-765 and instructions.
How to receive notification of acceptance of USCIS application?
If you want to receive an email or text notification when USCIS has accepted your form, fill out Form G-1145, "E-Notification of Application/Petition Acceptance," and attach it to the first page of your application. [12]
How much is the I-765 fee?
Get a check or money order for the filing fee. The filing fee for Form I-765 is $410 . You can pay this fee with a check or money order. If you pay using a personal check, it must be from a US bank and payable in US funds. [13]
Where can I get a copy of the I-765?
Download Form I-765 and instructions. The most current version of Form I-765 and instructions on how to complete and submit it are available on USCIS's website at https://www.uscis.gov/ i-765. While you may find copies elsewhere, they may not be the most current version. [3]
Can I apply for an I-765 if I submitted an earlier version?
If you submit an earlier version of Form I-765, USCIS will not accept it and you'll have to apply again.
How long does it take for an H1B spouse to get extended?
H-1B spouse must have extended H1B status beyond the initial 6 years under AC-21 rule in one year increments. That happens when the H-1 spouse’s employer has a Perm Labor Certification (LC) I-140 filed for H-1B beneficiary at least 365 days prior to the end of the sixth year of H1B status.
Can an H4 visa be used for EAD?
Just because H-1B visa holder has been in the US for more than 6 years, it does not make the H4 visa holder eligible to apply for EAD. For example, his would happen if the H-1B spouse came to the U.S. on student visa and studied in the US for several years before changing to H-1B visa. The condition as mentioned here must be met.
Can an H4 visa holder work part time?
Advantages. There are several advantages of H4 visa EAD: H4 visa EAD holder can work full time or part time for any employer in any position or in any field. Of course, if H4 visa EAD holder chooses not to work, that is absolutely fine too.
Can an H4 visa holder start their own business?
H4 visa based EAD holder can start their own business of any kind.
What is the H-4 Visa?
The H-4 visa is for the spouses and dependents of H visa holders who would like to accompany the principle H visa holder into the U.S. The current H visas include:
What is evidence of H-4 status?
Evidence of your H-4 status such as a copy of your I-797 approval notice or a copy of your I-94 arrival/departure card.
How long does it take to get an I-485?
Lastly, you will have to file an I-485 application to adjust your status. This will take about six months to process depending on how busy your USCIS service center is. After your status is adjusted (from H-4 to green card), you will officially be a lawful permanent resident.
Can I file an I-765 for an alien worker?
If you are qualified, you can file an I-765 Immigrant Petition for Alien Worker. You will need to submit the following documents as well in order to avoid unnecessary delays and requests for evidence (RFEs):
What form do I need to file for H4 EAD?
To secure the USCIS H4 EAD card, the qualifying H4 nonimmigrant must file the Form I-765, Application for Employment Authorization, with the USCIS, along with supporting documentation and fees.
Who is eligible for H4 EAD?
To be eligible to apply for H4 EAD, the foreign national must be the dependent spouse of an H1B nonimmigrants who:
How long is an H4 card valid?
The USCIS H4 EAD card will be valid for as long as the H4 Status is valid, even if the grant of the EAD is based on a one year extension of H1B status.
How long is H1B status good for?
Has received one-year extension of H1B status beyond the sixth year under the American Competitiveness in the 21st Century Act of 2000, based on a filed I-140 or labor certification.
Can dependent spouses on H4 get EAD?
While the USCIS now allows certain invidivuals in H4 status to obtain work authorization through the Employment Authorization Document or “EAD Card”, it should be noted that not all dependent spouses on a H4 status qualify to apply for H4 EAD.
Can I get an EAD revoked after H4?
If the I-140 is revoked after the H4 EAD has been approved, then the EAD for H4 spouse will remain valid and will not be automatically revoked. USCIS does have the ability to revoke an EAD if the I-140 has been revoked. As of the date of this writing, in practice, USCIS has not revoked any EAD’s simply because an I-140 was revoked.
Can I file an I-765 with H4?
The Form I-765, Application for Employment Authorization can also be filed simultaneously with the H1B and H4 extension petitions.
How to apply for H4 EAD?
To apply for an H4 EAD, you need to first own an H4 visa. That means that you need to be the spouse of someone who owns an H1B visa or the child of the holder. If you are the child, then you must be under the age of 21, and not be married.
Why is H4 EAD important?
The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. They also wanted to lower the number of interruptions to U.S. businesses, as they were causing foreigners to not want to stay in the States anymore. Therefore, the H4 EAD was made with the thought of giving some peace of mind to H1B visa holders, as well as their families. This is helpful while these families are trying to transition to lawful permanent resident status. Not to mention that the rule can decrease the economic burdens that these families used to deal with.
What is an H1B visa?
H1B visas are meant for people who have a degree and want to work in the United States. The visa allows them to get a job in the same field as their degree. Meanwhile, the H4 visa is something that allows you to bring your family to the States.
When will H4 EAD be removed?
The removal of H4 visa EAD has officially been included in the Spring 2018 Regulatory Agenda (set to be in June 2018) titled “Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”. What this agenda item basically said was that the DHS intends to amend the rule regarding H4 EAD’s and that they will possibly remove this EAD in line with the EO.
How much is the DHS application fee?
An application fee of $410 must be paid to the DHS before your application can be processed. Some people are exempted from paying this fee, however.
When did the H4 EAD rule come into effect?
But in 2015, the H4 EAD rule was implemented. After the rule passed, those who were eligible for it could start applying for an Employment Authorization Document. Not long ago, in 2019, USCIS came with the suggestion of getting rid of the program. However, it’s still not certain whether their request will be accepted or not – it’s all still up for debate.
When did the H4 visa change?
On February 24, 2015, it was announced by USCIS that this rule would change beginning May 26, 2015. The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders.
How long before an EAD expires can you renew it?
You cannot file for a renewal EAD more than 180 days before your original EAD expires.
What is the purpose of submitting supporting evidence to USCIS?
Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.
How many MB is the I-765?
Complete Form I-765 using the Instructions for Form I-765 (PDF, 1.07 MB). USCIS will reject any application that is not accompanied by the proper filing fees or signature.
Do I have to pay for I-765?
You do not have to pay the Form I-765 filing fee. Follow the Form I-485 filing instructions to avoid processing delays. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c) (26), USCIS will reject your Form I-485 and any corresponding fees.
Can unauthorized practitioners file an EAD?
Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams.
Can H-4 dependent spouse file I-765?
Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:
