Visa-Faq.com

what is h4ead visa

by Eileen Hagenes Published 3 years ago Updated 2 years ago
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Employment Authorization Document
Employment Authorization Document
A Form I-766 employment authorization document (EAD; [1]) or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.
https://en.wikipedia.org › 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.

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.

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.

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.

What is H4 EAD authorization?

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.

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What is the H-4 EAD visa?

An H4 Visa is a Visa issued to dependents (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.

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.

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 H-4 visa holder work in USA without EAD?

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 H-4 EAD take?

between 2-9 monthsWhile this is subject to change based on the service center, you can expect H-4 EAD processing time to be between 2-9 months depending on the service center that's processing the application.

Can H4 EAD work anywhere?

H4 visa EAD holder can work full time or part time for any employer in any position or in any field.

Can my wife work on H4 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.

Can H4 EAD do multiple jobs?

Yes, in fact you can work as many jobs as you want on H4 EAD.

How long can you work on EAD?

one yearMost EADs are valid for one year. Obviously, however, no person will be given a work permit that lasts longer than their permitted stay in the United States.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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 a business in the US.

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 result 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 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.

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.

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.

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.

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.

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.

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:

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