We at Pandev Law, LLC recently obtained employment authorization for one of our H-4 visa holder clients. An H-4 visa can be granted to the spouse, child under 21, or other dependent of an H-1B visa holder. Our team is thrilled for our client, who is now eligible for employment in the United States.
If you are interested in the employment-based USA visa process in general or would like to find out more about the H-1B or the H-4 visas, you can read our explanation of the H-1B visa category or our article describing the H-4 visa category.
What are the requirements for H-4 visa EAD?
There are certain specific requirements in order to obtain an H-4 employment-authorization document (H-4 EAD).
First, the applicant must hold valid H-4 status.
Second, the H-4 visa holder must be married to an H-1B visa holder. Spouses of H-2B, H-2A, and H-3 visa holders do not qualify.
Third, the H-1B spouse must have a USCIS approved I-140 petition. It does not matter whether the petition is an EB-1, EB-2, or EB-3 I-140 petition. Please note, as long as your spouse has an approved I-140 petition, you are eligible for an H-4 EAD even if you are waiting to file for adjustment of status because your spouse’s priority date is not current.
Alternatively, an H-4 visa holder may be eligible for an H-4 EAD if the H-1B spouse secured an H-1B extension under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), which allows H-1B extensions beyond the standard 6-year H-1B limit.
If you:
- Would like an employment-based immigration USA strategy devised by our immigration lawyer specifically for your needs;
- Are a foreign professional or employer looking for a business visa USA option that is best suited to your particular case;
- Would like to learn about our employment-based immigration USA services;
- Are searching for an “immigration lawyer near me”;
- Want to obtain work authorization in the United States;
Then…
We at Pandev Law have the expertise you need to successfully brave the journey towards employment-based immigration to the United States.
To schedule a consultation with our immigration attorney, please click here and click on “Schedule a Consultation.” You can also email us at [email protected], or call us at (212) 220-6652. During your meeting, our employment-based immigration attorney will provide an honest assessment of your case, and a recommendation about your next steps.
I offer confidential 30 minute & 1 hour consultations.
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Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.
