When you want to work in the US, you need an Employment Authorization Document (EAD). Moreover, you also can take your spouse or children to stay with you. So, can they also work in the US while staying with you? Yes, they can work, as long as they have H4 EAD Visa.
What is H4 Visa EAD?
When you work in the US, you need EAD and H1B Visa. Your spouses and children (under 21 years of age) will receive H4 Visa to stay and live lawfully in the US with you. Initially, they can’t work with this visa. However, on October 24th, 2015, there was a change made by USCIS that allow an H4 Visa holder to apply for EAD. Thus, they have eligibility to work in the US.
Benefits of H4 Visa EAD
So, what are the benefits of applying for EAD for an H4 Visa holder? The first benefit is you can get the job and work. Moreover, with this visa, you also can receive more benefits, such as:
· You get a social security number,
· You have more freedom to choose the legal job to apply,
· You don’t have a minimum wage requirement to apply for EAD.
The other good thing is USCIS doesn’t apply a limit for how many H4 Visa EAD is issued annually. Therefore, you don’t need to worry about not getting it. Moreover, compared to H1B Visa, applying EAD with H4 Visa is much easier.
Requirements of H4 Visa
To get the EAD with your H4 Visa, your spouse as the H1B holder must meet two important requirements, as follows:
- Approved Form I-140 (Immigrant Petition for Alien Workers), and it must not be revoked before,
- A valid H1B Visa status, or has renewed it beyond the first 6 years of its application time.
If your spouse is eligible and fulfilled that requirement, you can receive the H4 Visa that you need. Moreover, you also can use it to apply for an EAD.
How to Apply for H4 EAD with USCIS
Now, let’s move to the guide to apply for H4 EAD with USCIS. Here are simple steps H4 visa holders need to follow:
Step 1 : Complete form I-765 – Application for Employment Authorization
You must download the latest form I-765 from the USCIS website and following the instruction to fill out the form.
Step 2 : Submit your H4 EAD Application with Supporting Documents
Once you have completed filling out the I-765 application form, you need to gather all the required documents and put them together in a package. You should use paper clips or binder clips to keep them together. Submit the copies not original.
• Check or money order ( on the top)
• Form G-1145 for e-notification ( under the check/ money order)
• Form G-28, if attorney is filing (under the e-notification form)
• Form I-765 application form completed and signed ( under the G-28 form or G-1145, if you are filing it yourself )
• Supporting Documentation from the checklist ( under the completed I-765 application form)
Step 3 : Send / Mail H4 EAD Application to correct USCIS Address
You need to mail or post the application documents that you prepared in step 2 to the correct USCIS location. Check carefully the USCIS address with the US embassy or consulate near you.
Step 4 : Get Receipt of H4 EAD, USCIS Processing, Received EAD Card
Once you send your package to USCIS, you will get a receipt notice for the same and then they will process your EAD application.
H4 EAD Processing Time
The processing time for EAD is different for each person. It depends on your condition and status. The application processing times can vary by the location it was filed as well. Mostly, it takes 90 days after you apply. One thing to remember, you can only apply for EAD with your H4 Visa, after you stay or settle down in the US.
H4 EAD Renewal
You can apply only 180 days before the expiry of your current EAD document. You cannot apply anytime before 180 days for H4 EAD.