The H-4 visa allows dependent spouses and children of H-1B nonimmigrant workers to legally reside in the United States. While H-4 status alone does not grant employment authorization, certain H-4 spouses may be eligible to work by obtaining an Employment Authorization Document (EAD).
Securing an H-4 EAD can be a game-changer for families navigating the complex U.S. immigration system. It empowers H-4 spouses to pursue their careers, contribute financially to their households, and build a sense of purpose and fulfillment during their time in the United States.
To be eligible for an H-4 EAD, the H-1B principal must:
Obtaining an H-4 EAD offers numerous benefits to eligible spouses:
It is important to note that the H-4 status is tied to the H1B status. Therefore, maintaining a valid H-4 EAD requires planning and attention to the primary H-1B worker's immigration journey, including any extensions, job changes, or green card applications. Immigration solutions like those offered at Alma can help navigate these complexities and ensure a smooth process for H-4 EAD holders and their families.
You must complete form I-765 and gather the following documents:
To initiate the application process, complete Form I-765 and submit it with the supporting documents to the designated USCIS service center or online. Adhering to USCIS guidelines and instructions is critical to prevent delays or rejections. The filing fee for Form I-765 is currently set at $520, payable upon submission. This fee is essential for processing the employment authorization request and is non-refundable.
Once the application is submitted, USCIS will provide a receipt notice to acknowledge the ongoing review of the case. Processing times vary, so applicants should monitor the status here.
The H-4 EAD grants the ability to work across various sectors without the need for employer sponsorship, thereby allowing H-4 visa holders to explore a wide range of career paths and industries.
Gaining professional experience in the U.S. marketplace is another essential advantage of the H-4 EAD. This work authorization empowers visa holders to engage in meaningful employment, thereby contributing to their personal and career development. Participation in the workforce not only allows them to enhance their expertise but also positions them favorably for future opportunities, including potential advancement toward permanent residency.
The EAD's validity period is typically in line with the H-4 visa holder's duration of stay, which is determined by the validity of the primary H-1B visa. This alignment highlights the necessity of staying informed about any changes to the primary visa holder's status.
To ensure continuous work authorization, H-4 visa holders should begin the renewal process well before the expiration of their current EAD. We recommend beginning the process 6 months before the expiry date of the EAD. This proactive approach not only guarantees a seamless transition but also helps prevent employment authorization gaps.
The H-4 EAD facilitates initial employment, which can lead to sponsorship for permanent residency by an employer. This process entails understanding and navigating the sponsorship landscape.
In essence, while the H-4 EAD does not ensure transition to permanent resident status, it provides a foundation to request that an employer initiate a process for your benefit.
Navigating the complexities of the U.S. immigration system can be daunting for H-4 visa holders seeking employment authorization. Engaging an immigration attorney provides invaluable expertise and support throughout this intricate process. Their specialized knowledge ensures that every requirement is met accurately and efficiently, reducing the risk of errors that could delay or jeopardize your application.
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