One of the ways the U.S. immigration system confers benefits to dependents (such as spouses or children under 21 of U.S. visa holders) is to allow such individuals to apply, and obtain working authorization in the United States. However, in order to actually obtain a work permit as an H4 dependent, your spouse/parent will need to be on the path to obtain legal permanent residence in the United States (green card status). In other words, H4 dependents cannot obtain work permits when they immediately arrive in the U.S. Rather, they have to follow the immigration systems eligibility requirements for this type of visa.
The ruling to allow H4 dependents an EAD was initially enacted by the Department of Homeland Security in order to lessen the possibility that H1-B workers would abandon their posts in the United States. The policy is meant to help minimize disruption to U.S. businesses as allowing spouses to work in the U.S. generally helps with integrating into American society.[1]
The Process
If you are an H4 dependent seeking a work permit, make sure you first meet all of the following qualifications:
- You have a marriage certificate that you can print out and attach to your I-765 application.
- Your partner (H1-B holder) has an approved I-140 petition that you can verify, or has been granted an extension of stay under the AC21 Act (American Competitiveness in the 21st Century Act. You can also show proof of the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant.[2]
- A copy of your I-94 Entry/Exit Record showing your admission as an H4 dependent.
- Your passport/Valid ID.
In addition, if you don’t have your spouses approved I-140, an I-797 receipt issued by the USCIS will suffice for this eligibility requirement.
Unfortunately, if you are seeking a work permit and your partner, for example, is not on track to receiving a green card, or has not been approved for an alien immigrant petition, the USCIS will most likely decline your application. Some applicants may be confused as to why they cannot obtain working authorization in the U.S. upon arrival, in the same way refugees can immediately an EAD when they arrive in the U.S. This is part of the U.S. immigration systems current eligibility criteria for work permit applications.
How to File
If you are eligible and ready to file, please go to the following USCIS website: https://www.uscis.gov/i-765-addresses. From here, scroll down the page and select the “Employment Based Non-immigrants” drop down menu. From here, scroll down further to the (c)(26) column and use the corresponding address to file your work permit application. Make sure you include all of your supplementary materials and also pay the associated fee for the I-765, which is currently $410.
