Work Authorization for H-1B Spouses
Since 2015, certain H-4 visa holders can obtain an Employment Authorization Document (EAD), allowing work for any employer in any field. The program faces ongoing policy risk in 2026—keeping your EAD current is critical.
Who Qualifies?
The H-4 holder’s H-1B spouse must have either: (1) an approved I-140 petition from an employer-sponsored green card; or (2) an AC21 H-1B extension beyond the 6-year cap. The vast majority of H-4 EAD holders are Indian nationals due to the severe EB green card backlogs.
How to Apply: Form I-765
File with: spouse’s I-140 approval notice or AC21 extension evidence, your H-4 status documents (I-94, visa stamp, I-797), passport photos, and filing fee (currently $410—verify at USCIS.gov).
2026 Policy Risks
The H-4 EAD rule has survived court challenges but remains subject to administration priorities. File renewals 180 days before expiration. There is no grace period to continue working after an EAD expires.
Are You Eligible and Don’t Know It?
Many Indian H-4 holders are unaware they qualify. If your H-1B spouse has an approved I-140 and you are not working, you may already be eligible.
Career Flexibility
H-4 EAD allows work for any employer, job changes without filings, and the ability to start a business—no employer sponsorship required.
Seth Finberg can review your family’s immigration situation. Call (305) 707-8787 or book a consultation.
For informational purposes only. Not legal advice.