For many spouses of H-1B visa holders, navigating life in the U.S. comes with questions about employment rights. One of the most common concerns raised by H-4 visa holders is whether they can legally work in the United States. While the H-4 visa allows dependents to live in the U.S., attend school, and travel, it does not automatically come with work privileges. However, under certain circumstances, H-4 spouses may be eligible to apply for employment authorization.
Here’s what you need to know if you’re an H-4 visa holder hoping to pursue a job opportunity in the U.S.
When Is an H-4 Visa Holder Eligible to Work?
To qualify for work authorization, an H-4 visa holder must meet one of the following criteria:
- Their H-1B spouse has an approved Form I-140 (Immigrant Petition for Alien Worker).
- Their H-1B spouse is currently working in the U.S. under an extension granted under the AC21 rule due to delays in the green card process.
If either condition applies, the H-4 spouse may submit Form I-765 to apply for an Employment Authorization Document (EAD). Once approved, the EAD permits the holder to legally work for any employer—or even become self-employed—in the United States.
The Benefits of the H-4 EAD
One of the major advantages of the H-4 EAD is the flexibility it offers:
- No employer sponsorship is required.
- You can work full-time or part-time.
- You’re free to work in any industry or start your own business.
- You’re not tied to a single employer or job title like your H-1B spouse.
This level of freedom provides a great opportunity for H-4 spouses to rejoin the workforce, pursue new career paths, or explore entrepreneurial ventures.
Important Notes About Working on an H-4 Visa
- Wait for Approval Before Starting Work:Â You must have your physical EAD card in hand before beginning employment.
- Children on H-4 Visas Cannot Work:Â While dependent children can attend school or college in the U.S., they are not eligible for work authorization under H-4 status.
- EAD Validity Is Tied to Your H-4 Status:Â Your ability to work ends if your H-4 visa expires or if your spouse’s H-1B status changes. Be proactive about timely renewals.
- Working Does Not Lead to a Green Card: While employment through H-4 EAD can enhance your U.S. experience, it does not independently lead to permanent residency. Your green card process remains dependent on your spouse’s petition.
Should You Work with an Immigration Attorney?
Applying for an EAD involves detailed paperwork, supporting documents, and timing considerations. An experienced immigration lawyer can help ensure your application is complete and submitted correctly, avoiding delays or rejections. They can also advise on renewals and options in case of changes to your spouse’s status.
Understanding Tax Responsibilities
If you’re earning income on an H-4 EAD, you are expected to comply with all applicable federal, state, and local tax obligations. That includes filing an annual tax return and reporting your earnings to the IRS.
Final Thought
Work authorization under an H-4 visa can be a game-changer for many families. It opens doors for professional development, financial contribution, and personal fulfillment. If your spouse is on the path to a green card and meets the eligibility criteria, pursuing an EAD is a smart and empowering option. If you’re unsure whether you qualify or how to begin the process, don’t hesitate to consult an immigration attorney who can walk you through your options.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.