If you’re an H-4 visa holder married to an H-1B worker, the H4 EAD lets you legally work in the U.S. This guide explains how to apply, who’s eligible, and what documents you’ll need in 2025.

The H4 Employment Authorization Document (EAD) gives spouses of certain H-1B visa holders the ability to work full-time, part-time, freelance, or even start a business. It’s a valuable benefit that supports dual-income households and financial independence.

Not all H-4 spouses automatically qualify. The H1B spouse must meet certain conditions — like having an approved I-140 petition or receiving extensions under specific immigration rules such as AC21.

Understanding the eligibility criteria, application process, and required documents will help you avoid delays and get approved faster. Whether you’re applying alone or filing concurrently with your spouse’s H1B petition, here’s everything you need to know.

What Is the H4 EAD and Who Is Eligible?

The H4 EAD (Employment Authorization Document) is a work permit issued by USCIS that allows eligible H-4 spouses to legally work in the U.S. in any field — without employer sponsorship.

However, not all H-4 visa holders are eligible. USCIS limits this benefit to H-4 spouses whose H-1B partner meets specific immigration milestones.

🔹 You’re eligible for an H4 EAD if your H-1B spouse:

• Has an approved I-140 (Immigrant Petition for Alien Worker)
  
• Has received H-1B extensions beyond the standard 6 years under AC21 sections 106(a) and (b)
  
• Is currently maintaining valid H-1B status
  

🔸 You must also:

• Hold valid H-4 nonimmigrant status
  
• Be legally married to the H-1B principal beneficiary
  
• Not have violated your immigration status
  

📌 Note: Children on H-4 visas are not eligible for EAD — this benefit is strictly for spouses.

If you meet these criteria, you can apply for an H4 EAD by submitting Form I-765 along with supporting documents to USCIS.

Step-by-Step H4 EAD Application Process

Applying for the H4 EAD involves filling out Form I-765, assembling supporting documents, and submitting everything to USCIS. Here’s how the process works in 2025:

🔹 Step 1: Download and Complete Form I-765

• Get the latest version from uscis.gov/i-765
  
• Select Eligibility Category (c)(26) for H-4 spouses
  
• Double-check all entries — mistakes can delay approval
  

🔹 Step 2: Prepare the Required Documents

• Valid H-4 status proof (I-94, visa stamp, etc.)
  
• Marriage certificate (with certified English translation if needed)
  
• H-1B spouse’s I-797 approvals and I-140 (if applicable)
  
• Copy of H-1B passport, visa, and latest I-94
  
• 2 recent U.S. passport-style photos
  

🔹 Step 3: Pay the Filing Fee

• As of 2025, the I-765 fee is $470 (subject to change)
  
• Pay via check, money order, or online with a USCIS account if e-filing is available
  

🔹 Step 4: File the Application

• By mail: Send to the USCIS lockbox based on your residence
  
• Online filing: USCIS now allows online I-765 filing for some categories — check if (c)(26) is supported
  

🔹 Step 5: Track Your Receipt and Case

• USCIS will send you a receipt notice (Form I-797C)
  
• Use the receipt number to track your case at uscis.gov/casestatus
  

📌 Tip: Make a complete copy of your application before mailing or uploading it — including every document and photo.

Documents Required for H4 EAD Filing

Submitting the correct documents is key to getting your H4 EAD approved without delays or RFEs. Here’s a complete list of what you need to include in your application package:

🔹 Proof of H-4 Status (for the applicant):

• Copy of your current I-94 record
  
• Copy of H-4 visa stamp in your passport (if applicable)
  
• Copy of your H-4 approval notice (Form I-797, if filed inside the U.S.)
  

🔹 Proof of Relationship:

• Marriage certificate (must be in English or include a certified translation)
  
• Copies of passport pages showing names and biographic info of both spouses
  

🔹 Proof of H-1B Spouse’s Status:

• Copy of H-1B spouse’s valid I-797 approval notice
  
• Copy of I-94 and H-1B visa stamp
  
• Copy of approved I-140 if applying based on green card eligibility
  
• Recent pay stubs or employment letter (optional, but recommended)

🔹 Photos & ID Proof:

• Two (2) U.S.-style passport photos (2×2 inches, white background)
  
• Copy of your passport ID page
  
• Prior EAD card if applying for a renewal
  

🔹 Others:

• Form I-765 (completed and signed)
  
• Filing fee payment — check or online confirmation
  
• Cover letter (optional but helpful for clarity)
  

📌 Note: USCIS may issue an RFE (Request for Evidence) if anything is missing or unclear — double-check before submitting.

H4 EAD Processing Time and USCIS Updates

As of mid-2025, USCIS has made significant policy shifts that have impacted H‑4 EAD processing timelines and filing procedures. Knowing these changes helps you avoid surprises and prepare appropriately:

🔹 Processing Times Have Lengthened

Since January 20, 2025, H‑4 EAD applications are processed separately from H‑4 visa and H‑1B petitions. Previously bundled adjudication significantly sped up approvals, but USCIS ended that practice in early 2025. As a result, wait times have increased to 4–6 months or longer, depending on the service center. Many applicants now experience delays beyond six months.

🔹 No Premium Processing for H‑4 EAD

Unlike H‑1B petitions, there is currently no premium processing available for standalone H‑4 EADs—even though legislation passed in 2020 required its implementation by FY 2025. The new administration has not yet rolled it out, and its future remains unclear.

🔹 Automatic Extensions Are Limited

USCIS policy now allows up to 540 days of automatic work authorization extension for certain renewal applicants—effective January 13, 2025. However, H‑4 EAD holders may only extend until their H‑4 I‑94 expiration, not the full 540 days. This creates a risk of employment gaps even with timely renewals.

🔹 Overall USCIS Backlog Worsened

As of July 2025, USCIS backlog soared to over 11 million pending cases, further slowing processing across all visa and EAD categories—including H‑4 EADs.

Best Practices to Manage Waiting Periods:

• File early: Submit your renewal up to 6 months before your current EAD expires to stay within allowed windows.
• Track via receipt number: Use your USCIS account to monitor case status online.
• Consider employer strategies: If your employer can upgrade the H‑1B petition to premium status before the unbundling deadline, it may help expedite concurrent filings—even if EAD remains pending afterward federalregister.gov+8VisaVerge+8VisaVerge+8VisaVerge+2duanemorris.com+2VisaVerge+2.
• Prepare for gaps: Communicate with your employer about possible work interruptions and keep backup documentation ready.

Can You File H1B, H4 & H4 EAD Together (Concurrent Filing)?

Yes — USCIS allows concurrent filing of the H-1B extension, H-4 visa, and H4 EAD in a single package. This is a smart option for eligible families looking to reduce delays and align approval timelines.

🔹 When Concurrent Filing Is Allowed:

• You’re applying for an H-1B extension or change of employer
• Your spouse (on H-4) wants to extend their status or get a new EAD
• All applications are filed at the same time using proper forms (I-129, I-539, I-765)

🔸 Benefits of Concurrent Filing:

• Bundled processing (in some cases) can lead to faster approval
• You avoid gaps between H-4 status and EAD validity
• H-1B premium processing (if used) may also speed up the H-4 and EAD adjudication — only when USCIS allows bundling

🔸 Limitations in 2025:

• As of early 2025, USCIS has stopped automatic bundling of H1B + H4 + H4 EAD, meaning each application is now processed independently
• H-4 and EAD may still take several months, even if H-1B is approved quickly
• You cannot travel while the I-539 (H4) or I-765 (EAD) is pending — doing so may result in denial

📌 Tip: If your H4 status is about to expire and you’re filing concurrently, plan carefully — any delays in H-4 approval will directly delay your H4 EAD approval too.

What Can You Do with an H4 EAD? Jobs, Freelance, and More

The H4 EAD offers one of the most flexible work authorizations in the U.S. Unlike other visas that limit employment types or require sponsorship, H4 EAD holders enjoy full freedom to work in almost any capacity.

🔹 Employment Options Available:

• Full-time or part-time jobs with any U.S. employer
• Remote work, hybrid jobs, or in-office roles
• Jobs in any industry or location — no restrictions by field or specialty

🔹 Freelancing & Self-Employment:

• Work as an independent contractor or gig worker (e.g., Upwork, Fiverr, Uber, etc.)
• Register a sole proprietorship or LLC and run your own business
• Sell products online, operate e-commerce stores, or do creative freelance work

🔸 No Employer Sponsorship Needed:

• Employers do not need to file anything with USCIS
• You can change jobs, work for multiple employers, or take breaks without legal risk

📌 Important Notes:

• Your EAD is valid only until the H-4 I-94 expiry date
• Once the card expires, you must stop working immediately unless covered by an auto-extension
• Always renew on time to maintain work authorization

The H4 EAD unlocks real career flexibility — whether you want to build a resume, contribute to family income, or launch your own venture in the U.S.

Conclusion: Final Tips and Maintaining H4 EAD Validity

The H4 EAD is a powerful benefit that gives H-4 spouses career freedom, income potential, and the chance to pursue their goals in the U.S. But like all immigration benefits, it comes with strict timelines and documentation requirements.

🔹 Key Tips to Remember:

• Track your EAD and I-94 expiry dates
• Renew early — up to 180 days before EAD expiration
• Keep copies of all prior I-765 filings and receipts
• Avoid international travel during pending applications
• Maintain your H-4 status at all times

If your spouse’s H-1B changes jobs or gets an extension, don’t forget to renew your own H-4 and EAD accordingly. Even a short gap in status or employment authorization could result in a loss of job or benefits.

📌 For more help, check out our related guides:

• H-4 Visa Guide for Spouses & Dependents
• USCIS I-765 Filing Walkthrough
• H-4 EAD Renewal Process in 2025