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Empowering H-4 Spouses: A Guide to Securing the H-4 EAD Work Permit
  • dimartinolaw
  • August 13, 2023

Empowering H-4 Spouses: A Guide to Securing the H-4 EAD Work Permit

The H-4 Employment Authorization Document (EAD) has been a source of uncertainty for spouses of H-1B visa holders in recent years. However, under the Biden Administration, eligible H-4 visa holders can now apply for work permits in certain circumstances, granting them the opportunity to work in the United States. If you are an H-4 visa holder seeking employment, this blog will guide you through the process of obtaining an H-4 EAD, including eligibility requirements, application steps, and the renewal process, with the help of a real estate attorney in the US


Eligibility for an H-4 EAD

Not all H-4 spouses are automatically eligible for an EAD. To qualify, the H-1B worker’s spouse must have an employer interested in retaining them on a long-term basis and must have initiated the green card application process. Only after the H-1B worker’s Form I-140, Immigrant Petition for Alien Workers, has been approved can the H-4 spouse become eligible for a work permit.


Steps to Prepare an H-4 EAD Application

If you meet the eligibility criteria, you can proceed with the H-4 EAD  processing time by following these steps:


  1. Complete Form I-765:

    The first step involves preparing Form I-765, Application for Employment Authorization. 


  1. Identify the Eligibility Category:

    In Part 2, Question 27 of Form I-765, you will be required to specify your EAD eligibility category. 


  1. Gather Supporting Documents:

    Along with the completed Form I-765, you will need to gather certain essential documents


  1. Pay Filing Fees:

    The current filing fees for the H-4 EAD application are $410 for the form and $85 for biometrics (as of early 2023). These fees are subject to change, so verify the latest fee amounts on the USCIS website. Payment can be made by money order, personal check, cashier’s check made out to the “U.S. Department of Homeland Security,” or by credit card using Form G-1450.


  1. Submit Your Application:

    After completing all the necessary steps and gathering the required documents, make a copy of the application for your records and mail it to the appropriate USCIS office.


Renewing an H-4 EAD:

Assuming the H-1B visa holder maintains valid status in the United States, the H-4 spouse can renew their work permit. Here’s how the renewal process works:


– Timing of Renewal Application: EAD renewal applications can be submitted to USCIS up to six months before the expiration date of the current EAD. You can find the expiration date on your physical EAD document.


– Possible Delays: Unfortunately, USCIS processing times for EAD renewals can be slow, which might lead to the expiration of your current work permit before the new one is approved. However, there is a provision that allows certain H-4 spouses to receive automatic extensions of their work permits for up to 180 days, provided they meet specific criteria.


Partner with Di Martino Law Group for H-4 EAD 


Obtaining an H-4 EAD as a real estate attorney in the US can open up exciting career opportunities for you. By following the outlined steps and meeting the eligibility requirements, you can successfully apply for and obtain an H-4 EAD, allowing you to pursue your professional ambitions in the United States.


Remember, immigration laws and policies may change over time, so always refer to the official USCIS website or consult with an immigration attorney to stay updated on the latest regulations and requirements.


The immigration lawyers at Di Martino Law Group are well-versed in completing and handling the entire process of the application submission, ensuring that all required information is accurately included. They will guide applicants throughout the entire process, from gathering the documents to filing the application with the United States Citizenship and Immigration Services (USCIS).


Di Martino Law Group stands ready to help H-4 visa holders with their work permit renewal process. Their comprehensive expertise in Italian immigration law in the US, coupled with their in-depth understanding of the intricate immigration process, makes them a valuable resource for those seeking to continue working in the United States with an H-4 EAD. If you are a real estate attorney in the US and need assistance with your H-4 EAD visa for a work permit, consider booking a consultation with Di Martino Law Group today to get the professional guidance you need to navigate the renewal process successfully.




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