If you are an H-4 spouse applying for a work permit, you file Form I-765 under eligibility code (c)(26). Getting the code is not the hard part. Knowing which box it goes in is, because USCIS has moved it across recent form editions and most online guides still show an older layout. This guide covers Form I-765 for H-4 EAD instructions for the current edition, field by field, with the (c)(26) specifics other walkthroughs skip. For the bigger picture, see our complete H-4 EAD guide.
I-765 H-4 EAD instructions: use the 08/21/25 edition
The current edition of Form I-765 is dated 08/21/25, and it becomes the only accepted edition starting March 5, 2026 (Form I-765 page). Until then, USCIS also accepts the prior 01/20/25 edition. The edition date is printed in the bottom-left corner of every page in mm/dd/yy format. Do not mix pages from two editions, because mismatched pages can get the filing rejected.
The form was restructured twice in three years, which is why so many guides are wrong. The 08/21/25 edition went back to the older Part 2 layout for the eligibility category and removed the Social Security Number request section. If a guide tells you to enter your code in "Part 3" or walks you through SSN-card questions, it is describing an old version. Download a fresh copy each time.
Part 1: Reason for Applying (Item 1)
Part 1 asks why you are filing. You pick one option in Item 1:
Most first-time applicants check 1.a; renewers check 1.c, and timing matters more than it used to (more on that below). Picking the wrong reason is one of the common H-4 EAD application mistakes that causes delays.
Part 2: Information About You
Part 2 is where most of the work happens. Most of it is biographic: name, address, date of birth, and country of birth, entered as they appear on your passport and I-94. A few fields give people trouble.
A-Number (Item 8) and USCIS Online Account Number (Item 9)
Item 8 asks for your Alien Registration Number, or A-Number. Many first-time H-4 applicants have never been issued one, so it is often blank. If you are unsure, our explainer on what an A-Number is covers it. Item 9 asks for your USCIS Online Account Number: enter it if you have one from a prior online filing, otherwise leave it blank.
Social Security Number (Item 13)
Check the current Form I-765 edition before you file. USCIS guidance for Form I-765 still refers to SSN request questions in Part 2, Items 13.a.-17.b. If the edition you are using includes those SSN questions, answer them according to the form instructions. If you do not request an SSN through Form I-765, or if your filing category or form edition does not support that request, you can apply for a Social Security card separately with the Social Security Administration after you receive your EAD.
Eligibility Category (Item 27): enter (c)(26)
Everyone wants to know where this one goes. On the current edition, the eligibility category is in Part 2, Item 27, across three sets of parentheses. For an H-4 EAD, enter (c) in the first box and (26) in the second, and leave the third box empty. USCIS's own instructions confirm this Part 2, Item 27 layout (Form I-765 Instructions).
The most common error is using the wrong code. H-4 EAD is (c)(26) and nothing else. It is not (c)(36), which covers certain dependents filing under compelling circumstances, and not (c)(9), which is for people adjusting status with a pending Form I-485. The wrong code can get you a Request for Evidence or a denial. To confirm you qualify under (c)(26) before you file, Immiva runs a free H-4 EAD eligibility check that asks a few questions and tells you where you stand.
Item 29: your H-1B spouse's I-129 receipt
Category (c)(26) has one extra field. Item 29 asks for the receipt number from your H-1B spouse's most recent Form I-797 notice for Form I-129. A common mix-up: this is the I-129 receipt, not the I-140 receipt. Do not leave it blank. Your (c)(26) eligibility flows from your spouse meeting the requirements in 8 CFR 214.2(h)(9)(iv), explained in our H-4 EAD eligibility and I-140 connection guide.
Part 3: Sign and date (Item 7.a)
Your signature goes in Part 3, Item 7.a, on page 4. If you file on paper, sign in ink: do not type your name, use a stamp, or paste a digital image. An unsigned or improperly signed form is a common rejection reason. If you would rather not put this together by hand, you can file your H-4 EAD without a lawyer using software that fills the form and flags missing signatures before you mail it.
Fees and how to pay
For an H-4 EAD under category (c)(26), the Form I-765 fee is $520. Category (c)(26) is paper-only, so the $470 online rate USCIS offers for some I-765 categories does not apply here. There is no separate biometrics fee for (c)(26). Always confirm the amount on the USCIS Fee Schedule on the day you file, and for the full cost picture see our H-4 EAD cost guide.
Pay by credit, debit, or prepaid card using Form G-1450, or by ACH debit from a U.S. bank account using Form G-1650. Since October 28, 2025, USCIS no longer accepts personal checks, money orders, or cashier's checks for paper filings. Do not use Pay.gov unless USCIS specifically directs you to for that filing. For the mechanics, see how to pay USCIS filing fees.
After you file: processing times and key 2026 changes
After USCIS receives your form, you wait. H-4 EAD processing times vary by service center and change frequently, so check the live USCIS Processing Times tool for Form I-765 category (c)(26) on the day you need the estimate; our H-4 EAD processing time guide breaks down current ranges. Premium processing is not available for H-4 EAD Form I-765 category (c)(26), so you cannot pay to speed it up.
Two changes matter if you are renewing:
After approval: using your EAD for Form I-9
When your card arrives, it is a Form I-766 Employment Authorization Document. For your employer's Form I-9, the EAD is a List A, Item 4 document: it proves both identity and work authorization on its own, with no List B or List C document needed.
Worth knowing before you travel: if you ever rely on the combination of an expired EAD plus a Form I-797C receipt notice, a (c)(26) cardholder must also show an unexpired Form I-94 in H-4 status, because work authorization cannot run past your I-94 end date. Planning to travel while your case is pending? Read traveling while your H-4 EAD is pending first.
Wrapping up
For an H-4 EAD, Form I-765 comes down to a few fields done right: the correct reason in Part 1, code (c)(26) in Part 2 Item 27, your spouse's I-129 receipt in Item 29, and an ink signature in Part 3. Use the current USCIS-accepted edition on the day you file, answer any SSN-related questions that appear on that edition according to the form instructions, and file renewals early now that automatic extensions no longer apply to renewals filed on or after October 30, 2025. Get those right and you remove most of the common reasons applications get rejected. When you are ready, the H-4 EAD work permit page lays out your options.
Official Sources
All information in this guide was verified against official USCIS policy and federal regulations as of June 9, 2026:
USCIS Resources
- Form I-765 Official Page
- Form I-765 (PDF, 08/21/25 edition)
- Form I-765 Instructions (PDF)
- Employment Authorization for Certain H-4 Dependent Spouses
- USCIS Policy Manual, Volume 10, Part B, Chapter 2
- USCIS Fee Schedule (G-1055)
- USCIS Fee Calculator
- Automatic EAD Extension page
- USCIS Processing Times tool
- Form I-765 Direct Filing Addresses
- DHS Ends Automatic Extension of Employment Authorization (news release)
Federal Regulations
- 8 CFR 274a.12 (eCFR) - eligibility category (c)(26)
- 8 CFR 214.2(h)(9)(iv) - H-4 spouse work authorization basis
Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.