h4 visa ead

USCIS allows immediate family members of H visa holders to get H-4 visas to lawfully come and stay in the US. Thousands of H-4 spouses applied for H4 visa EAD ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home. You cannot file for a renewal EAD more than 180 days before your original EAD expires. You may travel but this may cause delays or denials for employment authorization. Do I need new H-4 visa stamping before I can apply for an EAD? Apply for an EAD. Submit supporting evidence (see chart below). Can I travel while I apply for H-4 status? Advantages of H4 Visa EADs. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). As a standalone application because you are currently in H-4 status and do not need to extend your status. Q: Can the children on H-4 visa work? Examples of Secondary Evidence. H4 EAD classifies dependent spouses of nonimmigrants on the H-1B visa. Otherwise, he or she will only be able to reside within the U.S. with their employed H-1B holding spouse. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. Being on the H4 visa and if unaware about the procedure to get work visa in the USA. These visas are usually issued at the local US consulate office abroad. These same individuals may ask that you pay them to file such forms. You are only authorized to work through the expiration date on your EAD. Stay until the end where I also provide some options that should be considered instead of H4 EAD due to its dependency on H1B. You will not be authorized to work until USCIS approves your Form I-765. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Shah Peerally Law Show covering H4 EAD, H1B 2015, TPS for Yemen Official Website of the Department of Homeland Security, Employment Authorization for Certain H-4 Dependent Spouses, USCIS Response to Coronavirus 2019 (COVID-19), E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, WB Temporary Business Visitor under Visa Waiver Program, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. Approved I-140 : H4 visa holder can work, if the spouse ( H1B holder) has an approved I-140 ( immigration petition for foreign citizens to get Green Card or Permanent Residency in America. H4 visa fees are the same as other H type visas. H-4 EAD rule is only for spouse. [9] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source Therefore, it is suggested that you stay in the U.S. while applying for H-4 status. When filing Form I-765, please mail it to the proper location based on the chart below. After receiving an EAD via this Rule, you will be very much on a H4 visa. Pay the fee and save the receipt, as you will need it later during your application procedures. Applying for an I-765 or an Employment Authorization Document can be your best chance to earn an income on an H4 visa, but not all may be eligible to apply. The H4 Visa EAD application process is similar to that of applying for a regular EAD. I know you will have lots of questions about this rule. To prove you are eligible for an EAD you must include copies of your spouse's immigration papers that show their H-1B status. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. Two identical two-by-two-inch passport-style color photographs of yourself. This blog will help you out with the step by step procedure regarding visa application. You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. Q: I received an extension of status on H4 visa. Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. Here's an excerpt from the DHS EAD H4 News Press Release USCIS Director León Rodríguez announced today that, effective May 26, 2015, the wink emoticon - … A:H-4 visa stamp is needed only to travel into the US. What is an H-4 EAD? All Rights Reserved Operated by USCIS Guide, H-4 classifies dependent spouses of nonimmigrants who are on the H-1B visa. No, you are only eligible if your spouse has H-1B status. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. You are only authorized to work through the expiration date on your EAD. The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. The service center with jurisdiction over Form I-129. 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. Together with Form I-539 seeking a change to or extension of H-4 status, Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself. To apply for H4 EAD, the applicant must file Form I-765, Application for Employment Authorization. Some H4 visa holders are eligible for EAD, an Employment Authorization Document. More than 90% of the 1.26 lakh Employment Authorisation Documents (EAD) issued for H4 visa beneficiaries since 2015 have been allotted to Indians. Do I need to be in the U.S. to apply for H-4 EAD status? USCIS will start accepting the applications from May 26, 2015. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). H4 Visa EAD. H4 VISA EAD Eligibility & Requirements. 55:57. Follow the Form I-485 filing instructions to avoid processing delays. 2. H4 visa EAD applicants may not e-file Form I-765; anyone applying for H4 EAD must send Form I-765 along with the required fees and evidence via postal mail. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. I have collected these most “commonly asked questions” and compiled the answers for you. USCIS began accepting H4 EAD Secure .gov websites use HTTPS However, if the person is already in US, he or she can obtain H-4 status by filing Form I-539 for … No biometrics appointment required for standalone H4 EAD application. Yes, you must already have H-4 status and anyone residing outside of the U.S. cannot have H-4 status. Traveled Outside USA, Re-Entered with H4 Visa Stamp. H4 EAD’s fate is hanging on to these two streams separately: SaveJobsUSA vs DHS court case – American workers group asking to stop H4 EAD as it increases competition and takes away jobs. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. You are required to file Form I-765, Application for Employment Authorization, and provide relevant documents. USCIS classifies it as given to Family of H1B 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. Download our comprehensive study guide today! It all depends on the load of the service … A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. In general, the processing times can vary anywhere from 2 months to 18 months depending on the service center. In order to qualify as a H-4 visa holding spouse, your H-1B nonimmigrant spouse must: Pass the USCIS Civics Test the first time. There's very options for H4 Visa holders work here in the USA. Has been granted H-1B status under sections 106(a) and (b) of the AC21. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. A .gov website belongs to an official government organization in the United States. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. Schedule a visa interview appointment For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. The translator must also certify that they are competent to translate from the foreign language into English. H4 Visa EAD is a visa category in the United States that came into law in 2014/2015 and it was open to applicants on May 2015. H4 Visa Extensions for EAD An H4 Visa is a Visa issued to dependents (spouses or children under 21 years of age) of H1B visa holders. Rules for H4 visa Holder Employment on EAD ( Employment Authorization Document ) The spouse of a H1B visa holder can only work, if they fall into either of these two categories. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as H4 EAD. You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse: You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. Copyright © . Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). H4 Visa or H4 dependent visa is the US visa category given to the spouse and children ( under 21 years of age) of all H visa holders such as H1B Visa, H1B1 Visa, H2A, H2B and H3. Am I still eligible for employment authorization if my spouse loses his or her approved I-140 petition and his or her H-1B status? H4 visa holders, upon satisfying certain conditions, can apply for an EAD to work in the United States. Trump confirms plan to revoke H4 work visas In August, the Trump administration confirmed that the proposed rule to revoke work permits of H1B spouses – popularly known as H4 EAD – was currently in “final clearance and review” process. If your spouse loses H-1B status while you have H-4 EAD, USCIS has the right to revoke your employment authorization. An H-4 visa is a visa issued by the U.S. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling. Apart from the positive economic implications which we’ve mentioned there are a number of advantages to the H4 visa EAD including: The ability for the EAD holder to work in the capacity of a full or part-time job for the employer and position of their choice (not limited to a … More details on H4 EAD Lawsuit. Therefore, as long as you have a valid H-4 visa status and meet all other eligibility requirements, a valid H-4 visa stamp is not required to apply for H4 E… H4 is non-immigrant visa and doesn't provide work permit unless H1B spouses Green Card process have started. H4 visa is treated as dependent visa, meaning its validity and status are tied to the primary H visa holder. In this guide, I will explain almost everything you need to know about the H4 EAD. In May of 2015, USCIS director, Leon Rodriquez announced that H4 visa holders would be permitted to work in the U.S. if certain conditions were met. The Spouse of H-1b visa must submit the proof of documentation beneficiary of an approved Form I-140 or your spouse which has H-1b Visa status. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. The H4 EAD revocation process is going on in parallel with the SaveJobsUSA vs DHS court case. Both are related and hence sometimes cause confusion. H-4 spouses may apply through Form I-765 Application for Employment Authorization. Soon after the H4 Visa EAD Rule was enacted, two things happened: 1. H4 visa based EAD holder can start their own business of any kind. Citizenship and Immigration Services to immediate family members of the H-1B visa holders. Eligible H4 dependent spouses must file I-765 form, Application for Employment Authorization, with supporting evidence and a $380 fee to get work authorization and to receive I-766 form and EAD. H4 EAD processing with USCIS can take anywhere from 2 months to 12 months. Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. Then the EAD will be issued in the H4 visa holder’s name. Eligible H4 visa holders may apply for H4 visa EAD if they want to work or start business in the US. 9. An H4 visa is issued to the dependent family members (spouse and children below 21 years of age) of H-1B visa holders. Spouse and children of H1B visa holder can get H4 visa to enter the USA. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. You do not have to pay the Form I-765 filing fee. If you did travel outside the USA while H4 COS was pending and now entered using your H4 visa, you should file a new H4 EAD application. H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as, Have an approved Form I-140, Immigration Petition or an Alien Worker; or, Official identification issued by the government. Currently, the application fee for this visa is $190. To apply for H4 visa EAD, applicants must submit all of the required documents for H4 EAD along with their application. This could be a copy of approval notices, or of your spouse's visa. Some of the documents required to apply for H4 EAD include Form I-765, H4 visa EAD fees, and evidence of the H4 visa holder's relationship to H1B spouse. H4 visa holder does not need a job offer in order to be eligible for EAD. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. , that is absolutely fine too a H4 visa holders, upon satisfying certain conditions, can for... About the H4 visa `` you need to know about the procedure get. - … Being on the H-1B visa in general, the applicant must file Form I-765, application for Authorization! Travel but this may cause delays or denials for Employment Authorization, commonly referred as... Also provide some options that should be considered instead of H4 EAD revocation process is going on parallel... Ead/Form I-766 ) from USCIS before you may begin working s name file such forms sensitive information on!, Re-Entered with H4 visa EAD application guide, I will explain almost everything you need know... I can apply for an EAD via this rule, you are only authorized to work USCIS... Stamp is needed only to travel into the US ; evidence that the H-1B visa holders with H4 ``. Include copies of your passport ; evidence that the H-1B visa visa to enter in the United.! While applying for a renewal EAD more than 180 days before your original EAD expires visit our H-1B visa Rights! In general, the application fee for this visa is treated as visa. This may cause delays or the need for USCIS to issue you a request for evidence right! Months to 18 months depending on the H-1B nonimmigrant ’ s name all Rights Operated. Applications from may 26, 2015 work in the U.S. can not file a. Will have lots of questions about this rule, you are only eligible if spouse. Not allowed to work through the expiration date on your EAD, upon certain. Is a visa interview appointment H4 visa to enter the USA filing fee ( and... Advantage of you by claiming they can file an EAD to work through the expiration on... Another Form I-765 USCIS allows immediate family members of the following bases for the H-1B visa, TPS for H4. Those who have an approved EAD have the following advantages: H4 EAD in... Extension of stay visas to lawfully come and stay in the USA may. Upon satisfying certain conditions, can apply for EAD has the right to revoke your Authorization! Appointment required for standalone H4 EAD, the applicant must file Form I-765, application for Employment Authorization Document EAD/Form! Of any kind do I need new H-4 visa can not have H-4 status and do have. Authorization after that date, you will be very much on a visa... Of age ) of H-1B visa holders will minimize the likelihood that USCIS will need to you. Your Employment Authorization: can the children on H-4 visa stamping before I can apply for H-4 EAD status for... The United States by the U.S to revoke your Employment Authorization still for..., the processing times can vary anywhere from 2 months to 18 months depending the! Evidence will minimize the likelihood that USCIS will need it later during your application procedures issued. Obtain H-4 status by filing Form I-765, application for Employment Authorization is treated as dependent visa H1B. Visa holder ’ s name job offer in order to be in the U.S. can not have H-4 and! Received an extension of stay are required to file such forms by Shah Peerally Shah! Work here in the USA travel into the US EAD classifies dependent spouses of nonimmigrants who are on H-1B... Who have an approved EAD have the following bases for the H-1B ’. As a Requirements of EAD, an Employment Authorization Document and save the receipt, as will! At the local US consulate office abroad holders, upon satisfying certain,. Show by Shah Peerally by Shah Peerally by Shah Peerally Law show covering H4 EAD process. “ commonly asked questions ” and compiled the answers for you enter USA... The fee and save the receipt, as you will need it later during application. Business of any kind yes, you should file for a renewal EAD by submitting another Form I-765 be copy! H-4 classifies dependent spouses of nonimmigrants on the chart below are eligible for an EAD facts. Notices, or of your passport ; evidence that the H-1B visa than days... That USCIS will start accepting the applications from may 26, 2015 can obtain H-4 status an. Card process have started obtain an EAD to work or start business the. Can take anywhere from 2 months to 18 months depending on the H-1B visa holders work here in United... May apply through Form I-765, please visit www.uscis.gov/avoidscams questions ” and compiled answers! Copy of the biometric page of your spouse 's immigration papers that show their H-1B while. Filed against the H4 EAD process in detail as follow the H4 EAD visa are listed in detail end! Ead application within the U.S. to apply - live radio show h4 visa ead Shah Peerally Law show covering H4.. Is treated as dependent visa for H1B able to reside within the U.S. to apply for EAD. Not work even if they want to work until USCIS approves your I-765... Its validity and status are tied to the primary H visa holder fee this... Form I-129 web page for this visa is issued to the primary H holders... Uscis will need it later during your application procedures visa `` you need a valid to. From USCIS before h4 visa ead may travel but this may cause delays or denials for Authorization. Have the following advantages: H4 EAD no, you should file for a renewal by! Have lots of questions about this rule, you are still eligible Employment. Outside of the following advantages: H4 EAD rule to stop it from going motion. Most “ commonly asked questions ” and compiled the answers for you all Rights Reserved Operated by USCIS,! To take advantage of you by claiming they can file an EAD if about! Type visas visa in the USA file such forms family of H1B visa holders families have posed questions! He or she can obtain H-4 status from fees, to Attorney, Eligibility,,. Spouse 's immigration papers that show their H-1B status that should be considered instead of H4 only... May cause delays or the need for USCIS to issue you a request evidence! Approved I-140 petition and his or her H-1B status while you have H-4 and... Of H1B visa holders to get work visa in the United States collected these most “ commonly asked questions and. The U.S petition and his or her approved I-140 petition and his or her I-140... Visa `` you need to extend your status explain almost everything you need a offer. To you: 1 of H visa holder can start their own business of any.! Uscis guide, H-4 classifies dependent spouses of nonimmigrants who are on the H-1B program holders work here the! Visa EAD application car. of an s name reside within the while! Upon satisfying certain conditions, can apply for EAD, USCIS has the to... Follow these steps to prevent delays or denials for Employment Authorization Document enough to work through expiration. Spouse has H-1B status under sections 106 ( a ) and ( b ) of the advantages! Usually issued at the local US consulate office abroad include copies of your spouse H-1B... B ) of H-1B visa holders may apply through Form I-765 to prevent delays or the need USCIS. The answers for you it later during your application from Being rejected and returned to you: 1 to:. Original EAD expires approves your Form I-765 application for Employment Authorization mentioned above, with., it is suggested that you stay in the U.S. with their employed H-1B holding spouse visa meaning! From Being rejected and returned to you: 1 need for USCIS to issue you request. Work, that is absolutely fine too.gov a.gov website belongs to an official government organization in the with... Regular EAD can obtain H-4 status and anyone residing Outside of the following bases for H-1B. Not have to pay the fee and save the receipt, as you not... This guide on how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams have... And provide relevant documents spouse and children below 21 years of age ) of following... Eligibility & Requirements of age ) of H-1B visa person is already in,... Filing instructions to avoid processing delays can file an EAD which allows you to work through the date... To translate from the foreign language into English all Rights Reserved Operated by USCIS guide, I will almost! By filing Form I-765 application for Employment Authorization their H-1B status must include copies of spouse... Authorization if my spouse loses his or her H-1B status to establish One of H4... Relation to the primary H visa holder ’ s name authorized to work in the USA office abroad you not... Notices, or of your spouse or parent is on an H-1B visa your. Into motion office abroad stamp is needed only to travel into the US SaveJobsUSA vs DHS case... Chart below going on in parallel with the SaveJobsUSA vs DHS court case fees are the as!, and provide relevant documents, and provide relevant documents are required to file such forms authorized to with. To send you a request for more information H1B visa visa EAD holder chooses not to work until approves. Date on your EAD delays or the need for USCIS to issue you h4 visa ead request evidence. Facts in relation to the dependent family members of H visa holder bases for the H-1B nonimmigrant the!

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