The H4 EAD or work permit, is one of the best thing that has happened to those on H4 Visa. It is important, that you know exactly how it works and who is filing for you. For example, it might not be a good idea for someone to do a change of status instead or a consular processing on h4 visa.

Conditions to get work authorization under new rule–

Approved I-140 –H–1B non-immigrants must be the principal beneficiaries of an approved Immigrant Petitionfor Alien Worker (Form I–140),or

H1B Visa extended beyond 6 years – Have been granted H– 1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations Authorization Act

Revised rule makes certain class of H-4 dependent spouses (explained above) eligible to request employment authorization from USCIS. Aliens within this class would only be authorized for employment following approval of their Application for Employment Authorization (Form I-765) by USCIS and receipt of an Employment Authorization Document (Form I-766) (“EAD”).

What supporting documents should I submit in support of my application?

H-4 dependent spouse covered by this rule should include with his or her Application for Employment Authorization (Form I-765) evidence demonstrating that –

The spousal relationship – Proof of Marriage
He or she is currently in H-4 status and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B

(Revision of form I-765 is in progress. Revised form I-765 would list the primary evidentiary documents to be submitted along with the form I-765)

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).