Visa-Faq.com

what is h4 ead visa in usa

by Mr. Linwood Sipes Published 2 years ago Updated 2 years ago
image

Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. Eligible H4 visa holders may apply for H4 visa EAD if they want to work or start business in the US.

Can H4 apply for EAD?

You can get an H4 EAD work permit if you are currently in the US on H4 status with your H1B spouse. H4 EAD does not require sponsorship and no biometrics either. You can apply for SSN along with your EAD card. You can use this step by step H4 EAD eligibility checker test to find if you fulfill the H4EAD i765 application requirements.

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.

What is the processing time for H4?

The H-4 extension (or change of status) application is approved. Then the H-4 EAD is approved. Current USCIS Processing Time: The current USCIS case processing time for H-4 extensions is 5.5 – 7.5 months, per the USCIS website. Please note that this is an estimated processing time.

Where to file H4 EAD?

  • Write an i94 interfile cover letter.
  • Add your i765 EAD receipt details.
  • Send it to the USCIS service center where your H4 EAD application is currently pending.

image

Who is eligible for H-4 EAD?

You can get the H4 EAD only if your spouse or parent is on an H-1B visa. Otherwise, if your spouse or parent has other types of H visas, such as H-1B1, H-2A, H-2B, or H-3 visa, you are not allowed to work with an H4 visa. The benefits of the EAD program are immense.

How long is H-4 EAD valid?

Your H-4 visa status is tied to your H-1B spouse's status. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six.

Is H-4 EAD a green card?

Under H-4 status, you will be able to live and study in the U.S. Those that are the spouses of H-1B holders can also work, provided that they obtain valid Employment Authorization Documents (EAD). Additionally, as of 2015, H-4 visa holders can apply for lawful permanent residence (green cards).

Which is better H1B or H-4 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.

Can my wife work on H4 visa?

As an H-4 visa holder, you can remain in the U.S. as long as your husband or wife has a valid visa. You can attend school, obtain a driver's license and open a local bank account, but your ability to work will be determined by whether or not you obtain an Employment Authorization Document (EAD).

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 work on H-4 without EAD?

The EAD itself (a small card) is proof that you have received this permission and that you are allowed to work. Before 2015, H4 visa holders weren't allowed to work in the United States at all. After 2015, certain H4 visa holders are allowed to work if they have an EAD.

Can I get a job on H-4 visa?

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.

How can I get H-4 EAD fast?

Make EAD expedite request by calling USCIS on 1-800-375-5283 (recommended). The dialing code to speak directly with a Customer Representative is 1-2-6-1-1. They keep changing the options and hence you should keep trying. You can also raise an EAD expedite request by chatting with USCIS Emma chat.

Is EAD card same as green card?

An EAD allows the holder to work in the United States, it does not grant the holder any immigrant status in the United States and it is not the same as a Green Card. EADs are generally valid for a period of two years and at times EADs valid for a year are being issued by the USCIS.

What is the benefit of EAD?

An EAD gives a person legal status to work in the United States but has fewer privileges than a green card. It shows an expiration date (usually one year from date issued) and is renewable. Any alien with a valid Employment Authorization Document (Form I-766 or Form I-688B) can be issued a Social Security number.

Can I stay in US with EAD?

It is important to renew your EAD before it expires if you want to continue working in the U.S. It is important to keep in mind that an EAD does not allow someone to stay in the U.S. Visas or Green Cards are used to allow someone entry into the U.S., not an EAD.

What is an EAD for H4?

Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. Eligible H4 visa holders may apply for H4 visa EAD if they want to work or start business in the US.

How does H4 EAD affect immigrants?

The policy implications will greatly affect many immigrant families because the H4 EAD rule allows spouses (who often have valuable skills to contribute ) to work outside the home, allowing for a better transition to American society and can help ease economic burdens common among families with only one working parent.

When did the H4 EAD rule come into effect?

Effective May 26, 2015, the H4 EAD rule was implemented with the intention of retaining highly skilled foreign workers and decreasing the interruption to US businesses that results from H1B workers choosing not to stay in the US. The Department of Homeland Security (DHS) expects this new rule to reduce economic burdens and personal stresses among H1B nonimmigrants and their families while transitioning to lawful permanent resident status.

What form do I need to file for an H4 visa?

To apply for H4 visa EAD, eligible H4 visa holders must file Form I-765, Application for Employment Authorization.

Do H4 EAD holders have to work in a specialty occupation?

The H4 EAD holder does not have to work in a specialty occupation; H4 visa EAD holders may work in any field for any employer.

Can I file H4 EAD with I-765?

If you are currently on H1B status and contemplating changing status to H4 (if your spouse also holds H1B visa status), you may concurrently file the H4 I-539 form along with Form I-765 although the H4 EAD will not be approved until the I-539 H4 EAD application itself is approved.

Who is eligible for H4 visa?

The H4 visa is issued to the dependent family members of an H1B visa holder (spouse and children under 21 years) who want to join the H1B visa holder in the United States.

How long is an H4 visa valid?

So if your spouse has a visa that is valid for 3 years , your H4 visa will also be valid for 3 years. That is the length of time that you can to stay in the U.S.

How Long Can I Stay in the U.S With an H4 Visa?

When you apply for the H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This form states the dates that the visa of your spouse or parent is valid. Based on this, the U.S Embassy will also grant you a visa with the same validity of your spouse ’s or parent’s visa.

How to check H4 status?

You can check your visa status on the website of the U.S Embassy where you are applying by entering your application number. The Embassy will notify you once they process your H4 visa. If you have been granted the H4 visa, you will need to go for the visa stamping procedures.

How much does an H4 visa cost?

H4 visa fees are the same as other H type visas. Currently, the application fee for this visa is $190. Pay the fee and save the receipt, as you will need it later during your application procedures.

Where to apply for H4 visa?

If you are outside the U.S, you will need to submit your application for H4 Visa at the U.S Embassy where your spouse or parent has applied or in your home country if you and your spouse are of different nationalities. If you are within the U.S, you can submit your H4 visa application through the USCIS.

Do H4 visa holders need health insurance?

However, although not mandatory, most US residents have health insurance anyway, simply because the cost of health care in the US is very high, and people with an average income cannot afford it if they have to pay out of pocket.

What Is an H-4 Visa?

H-4 visa holders are immediate family members of H-1B visa holders. Most H-4 visa holders are spouses who want to join their partner in a new country. They enjoy many of the benefits of living in the United States, but some limitations exist. That's why an H-1B visa is better.

What Can a Person Do With an H-4 Visa?

The holder will enjoy several privileges available to American citizens. They can:

Who Qualifies for an H-4 Visa?

The only people who qualify are dependents. In the United States, those people are spouses and unmarried children under the age of 21.

How Does a Person Apply for an H-4 Visa?

The applicants of both the H-1B and H-4 visas usually apply together. Otherwise, the paperwork won't get finished at the same time, leaving one person unable to join the other in the United States.

What Steps Are Required When the H-4 Visa Arrives?

To avoid issues with government officials, the new visa holder should verify all major information, such as:

Why Is H-4 Visa Reform so Popular?

Their belief was that the current system needed improvement. With roughly 100,000 unhappy holders, the United States had an influx of immigrants who didn't enjoy their new country. Also, these people not working were also not paying taxes, costing the government millions of dollars.

What Can an H-4 Visa Holder Do to Solve the Problem?

Someone interested in going back to school can switch to the F-1 student visa. It not only allows for educational opportunities, but also liberates the holder to work on campus . Another option is to apply for an H-1B, just as the spouse has.

What is an H-4 visa?

The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. This visa status is contingent upon the principal H visa holder’s status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders.

How many H-4 visa holders are eligible for work authorization?

They have a thorough knowledge of the H-1B process and this new EAD rule. Based on the predictions, an estimated 179,600 H-4 visa holders are eligible for this work authorization. If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today.

How long does it take to get an I-765?

It is not advisable to file more than 180 days before this date.

What to do if your EAD card is lost?

If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. This is done the way that you would get a renewed card. Just file a new I-765 along with the filing fee to replace your card.

How long before I-765 can I file?

It is not advisable to file more than 180 days before this date. As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. Q.

What is the eligibility for H-1B?

First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status.

Can I use I-765 for my spouse?

Unfortunately, premium processing is not available for Form I-765. It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouse’s H-1B or green card petitions. However, the USCIS has temporarily suspended premium processing for all H-1B petitions during the 2018 and 2019 seasons.

What is an H4 Visa and an H4 EAD Visa?

An H4 Visa is a Visa issued to dependants (spouses or children under 21 years of age) of H1B visa holders. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. There is, however, an option to obtain an EAD which allows you to work with an H4 visa.

How to apply for H4 EAD?

All you need to apply for the H4 EAD is to fill out the I-765 Application for Employment Authorization form. This form and all the required documents listed below must be submitted to the USCIS. Remember, you can only apply if you are eligible.

What are H4 visa holders concerned about?

Understandably, H4 visa holders are concerned about their futures and wonder if their employment opportunities will be revoked

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.

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. Holders of such an H4 visa EAD can now legally work or start a business in the U.S. as long as their spouse’s H1B visa is valid.

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.

Can a H4 visa be used for a spouse?

An H4 Visa is a Visa issued to dependants (spouses or children under 21 years of age) of H1B visa holders. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. There is, however, an option to obtain an EAD which allows you to work with an H4 visa.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9