H-4 EAD Without a Lawyer: How to File Yourself and Save Thousands

You can file your H-4 EAD application yourself and keep $1,500 to $5,000 in your pocket. Here's how.

Immigration attorneys charge $1,500 to $5,000 to file an H-4 EAD application for you. But no law requires you to hire one. It's a single form with supporting documents, and USCIS accepts self-filed applications every day. This guide covers your actual costs, the filing process, and when it does (and doesn't) make sense to go it alone. If you want a full overview of the H-4 EAD program first, read our complete H-4 EAD guide for 2026. And if you'd rather have guided help at a lower cost than an attorney, Immiva's H-4 EAD preparation service walks you through the whole application for $99.

Do You Actually Need a Lawyer for H-4 EAD?

The short answer: most people don't. The H-4 EAD application is documentation-based, not discretionary. That means USCIS isn't making a judgment call about your case. They're checking whether you submitted the right form, the right documents, and meet the eligibility requirements (8 CFR § 274a.12(c)(26)). If everything checks out, you're approved. If something is missing, you get a Request for Evidence.

Immigration attorneys themselves say this. On legal advice platforms, lawyers have stated that there's no prohibition against filing for employment authorization on your own. On immigration forums, attorneys have called the H-4 EAD a "simple application." And on community boards like Trackitt and Reddit, hundreds of H-4 spouses share successful self-filing experiences.

So why do people hire lawyers? Usually it's fear of making a mistake. And that's understandable. But the most common application mistakes, like using the wrong form edition or selecting the incorrect eligibility category, aren't things a lawyer magically prevents. They're things you can avoid by following clear instructions. We've listed the most frequent errors in our H-4 EAD application mistakes guide.

How Much Does H-4 EAD Really Cost? The Full Breakdown

What each filing path actually costs in 2026:

For H-4 EAD (c)(26) filings, the USCIS filing fee for Form I-765 is $520 (paper filing). Biometrics costs are built into the main form fee for most applicants. The "other costs" include passport photos ($7-$17), certified mail ($9-$11), and document copies ($5-$15). If you need a certified translation for a foreign-language marriage certificate, add $50-$100.

With Immiva, your total comes to roughly $654 — that's $1,401 to $4,901 less than an attorney. For details on how Immiva works, check our pricing page.

Are You Eligible? Three Requirements to Meet

Before you file anything, confirm you meet all three requirements for the H-4 EAD under category (c)(26):

1. You hold valid H-4 nonimmigrant status. You entered the U.S. on an H-4 visa or changed to H-4 status through Form I-539. If your H-4 status has lapsed, you'll need to fix that first. For background on the H-4 visa itself, see our H-4 visa guide for spouses and dependents.

2. Your spouse holds H-1B status. They must be the principal H-1B holder. Dependents of H-2B, H-3, or H-1B1 holders don't qualify.

3. Your spouse has an approved I-140 petition OR an H-1B extension beyond the 6-year limit. This one trips people up the most. Your spouse's employer must have filed an I-140 that USCIS approved — any employment-based category counts. The alternative: your spouse's H-1B was approved beyond the standard 6-year maximum under AC21 §106(a) or §106(b) (USCIS H-4 EAD Page).

Not sure if you qualify? Use our free H-4 EAD eligibility checker — takes about two minutes.

Step-by-Step: How to File Your H-4 EAD Application

The full process for filing Form I-765 under category (c)(26) without an attorney:

Step 1: Get the correct form edition

Download Form I-765 from USCIS. As of February 2026, USCIS lists the 01/20/25 edition as the current edition. USCIS began accepting only the 01/20/25 edition on May 29, 2025 (until then, the 08/28/24 edition was also accepted). Filing with an outdated edition may result in rejection.

Step 2: Fill out the form carefully

The most critical fields for H-4 EAD applicants:

• Question 16/27 (Eligibility Category): Enter (c)(26). This is specific to H-4 dependent spouses. A common mistake is entering (c)(9), which is for I-485 concurrent filers.
• Question 29 (Receipt Number): Enter your spouse's H-1B I-797 receipt number. Do NOT enter the I-140 receipt number here.
• Question 21a (I-94 Number): Enter your most recent I-94 arrival/departure record number.
• A-Number field: Most H-4 EAD applicants don't have an Alien Registration Number. Leave this blank or write "N/A."
• Blank fields: Never leave a field completely blank. Write "N/A" or "None" where a question doesn't apply to you.

Step 3: Gather your supporting documents

You need 12 items:

1. Completed Form I-765 (signed and dated)
2. Two passport-style photos (2x2 inches, color, white background, taken within 30 days)
3. Copy of your passport biographical page
4. Copy of your most recent I-94
5. Copy of previous EAD card (renewals only)
6. Copy of government-issued photo ID
7. Your H-4 I-797 Approval Notice
8. Certified copy of your marriage certificate (with English translation if needed)
9. Your spouse's I-140 Approval Notice (I-797) or evidence of H-1B beyond 6 years
10. Your spouse's H-1B I-797 Approval Notice
11. Payment form: G-1450 (credit/debit) or G-1650 (ACH)
12. Optional but recommended: Form G-1145 for electronic notification of receipt

For a detailed breakdown of each document, see the USCIS evidence checklist for I-765.

Step 4: Choose the right mailing address

Your filing address depends on your spouse's H-1B receipt number prefix (USCIS I-765 filing addresses):

• EAC, LIN, or MCT prefix: Mail to the Dallas Lockbox
• WAC, SRC, or IOE prefix: Mail to the Phoenix Lockbox

Sending to the wrong address causes delays or rejection.

Step 5: Mail your application

Use USPS Certified Mail with Return Receipt Requested. This gives you proof of delivery and a tracking number. Keep copies of everything you send.

Step 6: Track your case

After USCIS receives your application, you'll get a receipt notice (Form I-797C) with your case number. Use this to check your EAD application status through the USCIS Case Status Online tool or by calling the USCIS Contact Center. Processing times vary by category and workload. Check the USCIS Processing Times tool for the latest H-4 EAD (c)(26) estimates.

Critical 2026 Changes That Affect Your Application

A few policy changes from late 2025 that matter if you're filing now:

Automatic EAD extensions still exist for renewals. USCIS lists category C26 (H-4 spouse) among the categories eligible for an automatic extension of up to 540 days, with C26-specific limitations (including that the extension generally cannot go beyond the expiration date on the H-4 spouse’s unexpired Form I-94). If you’re filing a renewal, review USCIS’ automatic EAD extension eligibility guidance and confirm you qualify before relying on an extension.

The program is legally secure. On October 14, 2025, the U.S. Supreme Court declined to hear the Save Jobs USA challenge, ending a decade of litigation over the program's legality.

New form edition required after March 5, 2026. USCIS will only accept the 08/21/25 edition of Form I-765.

No more checks or money orders (for most paper filings without an exemption). Since October 28, 2025, USCIS accepts only credit card (Form G-1450) or ACH debit (Form G-1650) for paper-filed forms.

Top 10 Mistakes That Get H-4 EAD Applications Rejected

The most common errors that lead to rejections and denials:

1. Wrong form edition. Using an outdated or mixed-edition form triggers automatic rejection.
2. Wrong eligibility category. Must be (c)(26). Using (c)(9) is the most common category error.
3. Old payment methods. For most paper filings without an exemption, USCIS stopped accepting checks and money orders after October 28, 2025, and requires Form G-1450 (credit card) or Form G-1650 (ACH).
4. Missing signature. The form must be signed.
5. Wrong mailing address. Dallas vs. Phoenix depends on your spouse's H-1B receipt prefix.
6. Wrong receipt number in Question 29. Enter the H-1B receipt number, not the I-140 receipt number.
7. Missing marriage certificate. A certified copy is required. Foreign-language certificates need certified English translations.
8. Non-compliant photos. Must be 2x2 inches, color, white background, taken within 30 days.
9. Wrong fee amount. The current fee is $520. Some applicants still send the old $410 amount.
10. Blank fields. Write "N/A" or "None" instead of leaving fields empty.

For a deeper look at each of these, read our full guide on common H-4 EAD application mistakes.

When You Should Hire a Lawyer

Filing without a lawyer works for most H-4 EAD applicants. But some situations do need professional help. Consider an immigration attorney if:

• Your spouse's I-140 was withdrawn by the employer or revoked by USCIS
• You have gaps in your immigration status (time between H-1B/H-4 approvals)
• You have previous immigration violations such as unlawful presence or unauthorized employment
• You have a criminal history that must be disclosed
• You received a complex RFE you're not sure how to answer
• You're filing concurrently with Form I-485 (which uses a different category code)
• You have prior visa denials or deportation/removal proceedings

For straightforward cases, meaning valid H-4 status, approved I-140, no complications, the DIY route or Immiva's guided filing works fine and costs far less.

What Happens If Something Goes Wrong?

There's an important difference between a rejection and a denial:

A rejection happens at the lockbox intake stage, usually because of a wrong fee, missing signature, or outdated form. Your application is returned, no USCIS record is created, and your fee is refunded. You fix the error and refile immediately.

A denial happens after an officer reviews your case and finds you ineligible or your evidence insufficient. This creates a formal record. Your fee is not refunded. You can file a Motion to Reopen or Reconsider (Form I-290B, $675 filing fee, within 30 days) or refile with a new $520 fee.

If you receive a Request for Evidence (RFE), you'll have 30 to 90 days to respond. Submit one comprehensive response with everything requested. An incomplete or late response leads to denial.

Official Sources

This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of February 2026:

USCIS Resources

• USCIS Form I-765 Official Page
• I-765 Filing Addresses
• USCIS H-4 EAD Employment Authorization Page
• Checklist of Required Initial Evidence for Form I-765
• USCIS Fee Schedule
• USCIS Processing Times
• USCIS Policy Manual, Vol. 10, Part B, Ch. 2 - EAD Policy Guidance
• DHS News Release: Auto-Extension Eliminated

Federal Regulations

• 8 CFR § 274a.12(c)(26) - Regulatory basis for H-4 EAD eligibility

Federal Register

• 2015 H-4 EAD Final Rule (80 FR 10284) - Original rulemaking establishing the program
• 2025 Interim Final Rule: Removal of Automatic EAD Extensions

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.