H-4 Dependent Visa

Some H-4 Holders can now get jobs (EAD for certain H4 Visa Holders)

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The USCIS announced on February 24, that the spouses of H-1B Temporary Workers with an approved I-140, are now eligible to apply for an Employment Authorization card (EAD).  Spouses can apply for an EAD Card starting May 26, 2015.

This is an outstanding benefit for families who are waiting for a Priority Date to become current.

The only requirements are that the applicant be:

  • the spouse of a H-1B Temporary Worker,
  • that the H-1B holder have an approved I-140
  • the priority date is not current
  • OR the H-1B holder has used up their six years residency requirement and is still working due to extensions under AC21.  (Your spouse is waiting for an I-140 approval)

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H-4 visa to H-1B Visa – 8 things to know about

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  1. You must meet the same criteria for an H-1B as your spouse did.  You must have a Bachelor’s degree or equivalent, a confirmed job offer, as well as all the support documents.
  2. Your petition will be entered in the April lottery, there is no special allotment for H-4 holders.
  3. You and your spouse can both have H-1B Visas at the same time, but only one of you can sponsor your children.
  4. If you receive an H-1B, usually you may not have to the leave the United States to receive your Visa. In many cases, you can travel to a US consulate in the US, or go to Mexico or Canada.  Check with a qualified lawyer.

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