Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). Together with Form I-539 seeking a change to or extension of H-4 status, Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. No, you are only eligible if your spouse has H-1B status. The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Please see our Direct Filing Addresses for Form I-129 web page for more information. Am I still eligible for employment authorization if my spouse loses his or her approved I-140 petition and his or her H-1B status? All Rights Reserved Operated by USCIS Guide, H-4 classifies dependent spouses of nonimmigrants who are on the H-1B visa. Has been granted H-1B status under sections 106(a) and (b) of the AC21. wink emoticon - … Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. Visit our H-1B Visa page for more information on eligibility for the H-1B program. H4 visa is treated as dependent visa, meaning its validity and status are tied to the primary H visa holder. Shah Peerally Law Show covering H4 EAD, H1B 2015, TPS for Yemen Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). 2. H-4 spouses may apply through Form I-765 Application for Employment Authorization. Therefore, as long as you have a valid H-4 visa status and meet all other eligibility requirements, a valid H-4 visa stamp is not required to apply for H4 E… This rule was set in place in 2015 to make the transition of highly educated foreign employees coming to the U.S. for work less disruptive to couples and families. These visas are usually issued at the local US consulate office abroad. Q: I received an extension of status on H4 visa. 55:57. You are only authorized to work through the expiration date on your EAD. I have collected these most “commonly asked questions” and compiled the answers for you. Thousands of H-4 spouses applied for H4 visa EAD ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home. There is, however, an option to obtain an EAD which allows you to work with an H4 visa. Stay until the end where I also provide some options that should be considered instead of H4 EAD due to its dependency on H1B. H4 Visa or H4 dependent visa is the US visa category given to the spouse and children ( under 21 years of age) of all H visa holders such as H1B Visa, H1B1 Visa, H2A, H2B and H3. Spouse and children of H1B visa holder can get H4 visa to enter the USA. An H-4 visa is a visa issued by the U.S. Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. This blog will help you out with the step by step procedure regarding visa application. Form filing details are outlined below. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. The benefits of the EAD program are immense. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. Of course, if H4 visa EAD holder chooses not to work, that is absolutely fine too. As a requirements of EAD, One must file the Form Form I-765, Application for Employment Authorization mentioned above. You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). What is the average processing time for H4 visa petition The processing times totally depend on the service center and if it is change of status or extension. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. A:No. USCIS began accepting H4 EAD A:H-4 visa stamp is needed only to travel into the US. You can get the H4 EAD only if your spouse or parent is on an H-1B visa. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling. Therefore, it is suggested that you stay in the U.S. while applying for H-4 status. Otherwise, if your spouse or parent has other types of H visas, such as H-1B1, H-2A, H-2B, or H-3 visa, you are not allowed to work with an H4 visa. There's very options for H4 Visa holders work here in the USA. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. H4 EAD Visa questions - how to apply - live radio show by Shah Peerally by Shah Peerally Law Group PC. H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as, Have an approved Form I-140, Immigration Petition or an Alien Worker; or, Official identification issued by the government. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. H-4 classifies dependent spouses of nonimmigrants who are on the H-1B visa. H-4 EAD rule is only for spouse. H4 EAD classifies dependent spouses of nonimmigrants on the H-1B visa. Examples of Secondary Evidence. The H4 Visa EAD application process is similar to that of applying for a regular EAD. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. 2. A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or, A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay. To apply for H4 EAD, the applicant must file Form I-765, Application for Employment Authorization. You can easily travel on H4 visa " You need a valid visa to enter in the United States, not a car." If you did travel outside the USA while H4 COS was pending and now entered using your H4 visa, you should file a new H4 EAD application. This could be a copy of approval notices, or of your spouse's visa. H4 EAD’s fate is hanging on to these two streams separately: SaveJobsUSA vs DHS court case – American workers group asking to stop H4 EAD as it increases competition and takes away jobs. H4 visa based EAD holder can start their own business of any kind. Apply H4 EAD after entering the US to get EAD approval within 3-6 months. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. To apply for H4 visa EAD, applicants must submit all of the required documents for H4 EAD along with their application. You will not be authorized to work until USCIS approves your Form I-765. After receiving an EAD via this Rule, you will be very much on a H4 visa. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Apart from the positive economic implications which we’ve mentioned there are a number of advantages to the H4 visa EAD including: The ability for the EAD holder to work in the capacity of a full or part-time job for the employer and position of their choice (not limited to a … Otherwise, he or she will only be able to reside within the U.S. with their employed H-1B holding spouse. What is an H-4 EAD? Submit supporting evidence (see chart below). This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. H4 is non-immigrant visa and doesn't provide work permit unless H1B spouses Green Card process have started. Schedule a visa interview appointment Soon after the H4 Visa EAD Rule was enacted, two things happened: 1. Approved I-140 : H4 visa holder can work, if the spouse ( H1B holder) has an approved I-140 ( immigration petition for foreign citizens to get Green Card or Permanent Residency in America. USCIS classifies it as given to Family of H1B visa. However, if the person is already in US, he or she can obtain H-4 status by filing Form I-539 for … Minor children on H-4 visa cannot work even if they are old enough to work. Being on the H4 visa and if unaware about the procedure to get work visa in the USA. Then the EAD will be issued in the H4 visa holder’s name. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). The service center with jurisdiction over Form I-129. H2B Visa: Temporary Non-Agricultural Workers, J-2 Visa; Spouse or Dependents of J-1 Visa Holders, I-485: Application to Register Permanent Residence or Adjust Status, I-751: Petition to Remove Conditions on Residence, I-765: Application for Employment Authorization, DS-160: Online Nonimmigrant Visa Application, DS-260: Immigrant Visa & Alien Registration Application, DS-2019: Certificate Of Eligibility For Exchange Visitor (J-1), H4 Employment Authorization Document (EAD), I-140 Employment Authorization Document (EAD), I-192: Application for Advance Permission to Enter as Nonimmigrant, I-539: Application To Extend/Change Nonimmigrant Status, I-601: Application for Waiver of Grounds of Inadmissibility, Form I-693, Report of Medical Examination and Vaccination Record, I-821: Application for Temporary Protected Status, I-824: Application for Action on an Approved Application or Petition, I-864: Affidavit of Support Under Section 213A of the INA, I-864A: Contract Between Sponsor and Household Member, I-90: Application to Replace Permanent Resident Card, I-907: Request for Premium Processing Service, Form I-918; Petition for U Nonimmigrant Status, USCIS ELIS (Electronic Immigration System), Field Office Appointments and Rescheduling, Application Support Center (ASC) Appointments and Rescheduling, Deadlines for Certain Requests, Notices, and Appeals, H-2A Requirements During COVID-19 Public Health Emergency, H-2B Requirements During COVID-19 Public Health Emergency, Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency, Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19, Statutory Provisions for Certain Nonimmigrants. H4 Visa EAD. Two identical two-by-two-inch passport-style color photographs of yourself. Can I travel while I apply for H-4 status? As a standalone application because you are currently in H-4 status and do not need to extend your status. You are only authorized to work through the expiration date on your EAD. 9. More details on H4 EAD Lawsuit. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. You do not have to pay the Form I-765 filing fee. Share sensitive information only on official, secure websites. More than 90% of the 1.26 lakh Employment Authorisation Documents (EAD) issued for H4 visa beneficiaries since 2015 have been allotted to Indians. Trump confirms plan to revoke H4 work visas In August, the Trump administration confirmed that the proposed rule to revoke work permits of H1B spouses – popularly known as H4 EAD – was currently in “final clearance and review” process. Traveled Outside USA, Re-Entered with H4 Visa Stamp. H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as H4 EAD. Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. H4 visa fees are the same as other H type visas. A .gov website belongs to an official government organization in the United States. If your spouse loses H-1B status while you have H-4 EAD, USCIS has the right to revoke your employment authorization. In order for the spouse of an H-1B visa holder to legally work, he or she must obtain the H-4 Employment Authorization for Dependent Spouses visa. You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse: You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. When filing Form I-765, please mail it to the proper location based on the chart below. H4 Visa is a dependent visa for H1B. EAD para ciertos cónyuges que son dependientes de titulares de la visa H4 Bajo las nuevas reglas de inmigración de los Estados Unidos, los titulares de la visa H-4 pueden trabajar en los Estados Unidos luego de obtener un Documento de Autorización de Empleo (EAD). If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. Both are related and hence sometimes cause confusion. Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay. Some of the documents required to apply for H4 EAD include Form I-765, H4 visa EAD fees, and evidence of the H4 visa holder's relationship to H1B spouse. There are several advantages of H4 visa EAD: H4 visa EAD holder can work full time or part time for any employer in any position or in any field. Applying for an I-765 or an Employment Authorization Document can be your best chance to earn an income on an H4 visa, but not all may be eligible to apply. Advantages of H4 Visa EADs. In May of 2015, USCIS director, Leon Rodriquez announced that H4 visa holders would be permitted to work in the U.S. if certain conditions were met. The processing times in Service centers like Texas is faster with lesser procesisng time and some Service centers like California can take anywhwere up to 12 months. Some H4 visa holders are eligible for EAD, an Employment Authorization Document. Secure .gov websites use HTTPS Here's an excerpt from the DHS EAD H4 News Press Release USCIS Director León Rodríguez announced today that, effective May 26, 2015, the No biometrics appointment required for standalone H4 EAD application. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. Do I need to be in the U.S. to apply for H-4 EAD status? Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. H4 visa holder does not need a job offer in order to be eligible for EAD. H4 visa EAD applicants may not e-file Form I-765; anyone applying for H4 EAD must send Form I-765 along with the required fees and evidence via postal mail. Q: Can the children on H-4 visa work? Official Website of the Department of Homeland Security, Employment Authorization for Certain H-4 Dependent Spouses, USCIS Response to Coronavirus 2019 (COVID-19), E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, WB Temporary Business Visitor under Visa Waiver Program, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. In this guide, I will explain almost everything you need to know about the H4 EAD. You cannot file for a renewal EAD more than 180 days before your original EAD expires. H4 EAD processing with USCIS can take anywhere from 2 months to 12 months. Follow the Form I-485 filing instructions to avoid processing delays. It all depends on the load of the service … However, my H-4 visa stamp has expired. Eligible H4 dependent spouses must file I-765 form, Application for Employment Authorization, with supporting evidence and a $380 fee to get work authorization and to receive I-766 form and EAD. I know you will have lots of questions about this rule. Copyright © . Those who have an approved EAD have the following advantages: H4 visa holders, upon satisfying certain conditions, can apply for an EAD to work in the United States. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. Apply for an EAD. [9] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as H4 EAD. You are required to file Form I-765, Application for Employment Authorization, and provide relevant documents. If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. Pay the fee and save the receipt, as you will need it later during your application procedures. In general, the processing times can vary anywhere from 2 months to 18 months depending on the service center. In this video I explain the H4 EAD process in detail. Currently, the application fee for this visa is $190. I'm creating this guide on how to apply for EAD for H4 Visa. Do I need new H-4 visa stamping before I can apply for an EAD? Official websites use .gov An H4 visa is issued to the dependent family members (spouse and children below 21 years of age) of H-1B visa holders. H4 Visa EAD is a visa category in the United States that came into law in 2014/2015 and it was open to applicants on May 2015. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. To prove you are eligible for an EAD you must include copies of your spouse's immigration papers that show their H-1B status. Yes, you must already have H-4 status and anyone residing outside of the U.S. cannot have H-4 status. In order for the spouse of an H-1B visa holder to legally work, he or she must obtain the H-4 Employment Authorization for Dependent Spouses visa. The Spouse of H-1b visa must submit the proof of documentation beneficiary of an approved Form I-140 or your spouse which has H-1b Visa status. In order to qualify as a H-4 visa holding spouse, your H-1B nonimmigrant spouse must: Pass the USCIS Civics Test the first time. The translator must also certify that they are competent to translate from the foreign language into English. USCIS allows immediate family members of H visa holders to get H-4 visas to lawfully come and stay in the US. From Fees, to Attorney, Eligibility, I-140, H1B Extension, etc. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization. H4 VISA EAD Eligibility & Requirements. Rules for H4 visa Holder Employment on EAD ( Employment Authorization Document ) The spouse of a H1B visa holder can only work, if they fall into either of these two categories. You may travel but this may cause delays or denials for employment authorization. Download our comprehensive study guide today! Eligible H4 visa holders may apply for H4 visa EAD if they want to work or start business in the US. USCIS will start accepting the applications from May 26, 2015. Citizenship and Immigration Services to immediate family members of the H-1B visa holders. These same individuals may ask that you pay them to file such forms. Facts in relation to the process for application of the H4 EAD visa are listed in detail as follow. The H4 EAD revocation process is going on in parallel with the SaveJobsUSA vs DHS court case. In my practice, H1B families have posed similar questions about the nuances of the H4 EAD. H4 Visa Extensions for EAD An H4 Visa is a Visa issued to dependents (spouses or children under 21 years of age) of H1B visa holders. Must receive an Employment Authorization, and provide relevant documents by step procedure regarding visa application a issued... Your Employment Authorization if my spouse loses his or her approved I-140 petition and his her... Going into motion EAD after entering the US of any kind or denials for Authorization... The h4 visa ead language into English where I also provide some options that should be considered instead of H4 application! Your status visit our H-1B visa fine too offer in order to be in the U.S. their! I-140 petition and his or her H-1B status filing Form I-765 filing fee start their own business any! 'S immigration papers that show their H-1B status while you have H-4 status and residing. And your family from scams, please visit www.uscis.gov/avoidscams your original EAD expires for the visa... 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