What you need to know about H-4 EAD
Eligibility Requirements
- You are in valid H-4 status as the spouse of an H-1B worker
- Your H-1B spouse has an approved Form I-140 immigrant petition
- OR your H-1B spouse has been granted H-1B extension beyond 6 years under AC21
- You are physically present in the United States
- You have maintained valid H-4 status
What H-4 EAD Allows
- Work for any U.S. employer without restrictions
- Change jobs freely without filing new paperwork
- Start your own business or become self-employed
- Work part-time or full-time
- No cap on number of H-4 EADs issued
- Renewable as long as you remain eligible
How to get your H-4 EAD with Immiva
- 1
Verify Your Eligibility
Confirm your H-4 status and that your H-1B spouse has an approved I-140 or qualifies under AC21 rules.
- 2
Complete Form I-765
Our guided system walks you through every question, auto-fills eligibility category C26, and flags potential issues.
- 3
Gather Supporting Documents
Get a personalized checklist including your H-4 approval, spouse's I-140 approval, passport, and I-94.
- 4
Review & Download
Review your completed application, pay once satisfied, and download print-ready PDFs formatted to USCIS specifications.
- 5
File with USCIS
Mail your application to the correct USCIS address or file online through your USCIS account.
- 6
Receive Your EAD Card
Once approved, USCIS mails your EAD card via Priority Mail. Card production typically takes 2 weeks after approval.
Required Documents
- Copy of your valid H-4 I-797 approval notice
- Copy of spouse's H-1B I-797 approval notice
- Copy of spouse's I-140 approval notice
- Copy of your passport (ID pages and visa stamp)
- Copy of your I-94 arrival/departure record
- Two passport-style photos (2x2 inches)
- Copy of marriage certificate
Processing Times
- Standalone I-765: 5–12 months
- Bundled with I-539 extension: 3–6 months
- Receipt notice arrives in 2–4 weeks
- Card produced within 2 weeks of approval
- Premium processing NOT available for H-4 EAD
- Processing varies by service center
Filing Fees
- USCIS fee: $520 (paper) or $470 (online)
- Immiva preparation: $49
- Fee waiver may be available → Learn more
What you get with Immiva
- I-765Application for Employment AuthorizationThe official application to request work authorization as an H-4 dependent spouse
- G-1145E-Notification of Application AcceptanceOpt in to receive email and text alerts when USCIS accepts your application
- G-1450Authorization for Credit Card TransactionsPay the USCIS filing fee by credit or debit card
- G-1650Authorization for ACH TransactionsPay the USCIS filing fee directly from your U.S. bank account
- Filing ChecklistPersonalized Document ChecklistComplete list of supporting documents needed, current filing fee, and where to mail your application
Critical: Auto-extension ended October 30, 2025
The 540-day automatic EAD extension has been eliminated for applications filed on or after October 30, 2025. If your EAD expires while your renewal is pending, you must stop working until USCIS approves your new EAD. File as early as possible — up to 180 days before expiration.
- No automatic extension for renewals filed after October 30, 2025
- Filing outside the 180-day window (too early)
- Using an outdated form edition or incorrect fee
- Missing spouse's I-140 approval notice
- Incorrect eligibility category (must be C26)
- Photos not meeting USCIS specifications
- Failing to include copy of I-94 record
- Not responding to Requests for Evidence (RFE) on time
- Letting H-4 status lapse before EAD is approved
Why H-4 spouses choose Immiva
Auto-fills eligibility category C26 and required fields Guides you to bundle with I-539 for faster processing Personalized document checklist based on your situation Real-time validation catches errors before you file Tracks your filing window to avoid gaps in work authorization Print-ready PDFs formatted exactly to USCIS specifications
Frequently Asked Questions
You must be in valid H-4 status as the spouse of an H-1B worker whose employer has filed an approved I-140 immigrant petition on their behalf, OR whose H-1B status has been extended beyond the normal 6-year limit under AC21 rules. Children in H-4 status are not eligible for EAD.
The USCIS filing fee is $520 for paper filing or $470 if you file online. Immiva's preparation service is $49. There is no biometrics fee for H-4 EAD. If you're experiencing financial hardship, you may qualify for a fee waiver using Form I-912.
Standalone I-765 applications typically take 5–12 months. However, if you bundle your I-765 with Form I-539 (H-4 extension), processing can be faster — around 3–6 months. Premium processing is not available for H-4 EAD applications.
The 540-day automatic extension was eliminated on October 30, 2025. If you file a renewal on or after that date and your current EAD expires while your application is pending, you must stop working until USCIS approves your new EAD. File your renewal as early as possible — up to 180 days before your EAD expires.
Yes. Unlike H-1B which ties you to a specific employer, H-4 EAD gives you open-market employment authorization. You can work for any employer, change jobs freely, work part-time or full-time, and even start your own business or become self-employed.
If your H-4 status is expiring soon, bundling I-765 with I-539 (H-4 extension) is recommended. USCIS cannot approve your EAD until your H-4 extension is adjudicated, but bundled cases often process faster (3–6 months) than standalone I-765 filings (5–12 months).
File as early as possible — up to 180 days before your current EAD expires. With the elimination of automatic extensions, timing is critical. If your EAD expires before your renewal is approved, you must stop working. Don't file more than 180 days early, as USCIS may reject it.
C26 is the USCIS category code for H-4 dependent spouse employment authorization. When filling out Form I-765, you must select this category in Question 27. Immiva automatically fills this for you based on your eligibility answers.
As of April 2025, USCIS paused automatic SSN issuance through Form I-765. You'll need to apply separately with the Social Security Administration after your EAD is approved. Visit your local SSA office with your EAD card, passport, and I-94.
Your H-4 EAD eligibility depends on your spouse's approved I-140. If the I-140 is revoked (other than for fraud), and your spouse is still in valid H-1B status under AC21, you may remain eligible. Consult an immigration attorney if your spouse's I-140 status changes.
Your H-4 EAD is typically valid for the same period as your H-4 status or your spouse's H-1B validity, whichever is shorter. Most EADs are issued for 1–3 years. You'll need to renew before expiration to maintain work authorization.
No. Most H-4 spouses with straightforward cases successfully complete Form I-765 without an attorney. Immiva guides you through every question and creates a personalized document checklist for $49 — compared to $1,000–$2,500 for a lawyer. However, if you have a complex immigration history or your spouse's status is uncertain, consulting an attorney may be worthwhile.