How to Apply for H4 EAD

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1 Completing Your Application

2 Assembling Your Application Packet

3 Submitting Your Application

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Co-authored by Dhenu Maru and Jennifer Mueller, JD

Last Updated: December 15, 2022 Approved

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If your spouse is an H-1B nonimmigrant to the US and you are classified as an H-4 dependent spouse, you may be eligible to work. To work in the US, you must first apply for an employment authorization document (EAD). All you need to do is complete Form I-765 and submit it to US Citizenship and Immigration Services (USCIS) along with other documentation and the required fee. You cannot start a job in the US until you have your EAD.

Steps

Part 1

Part 1 of 3:

Completing Your Application

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1. 1
   Review the eligibility requirements. To be eligible for an H-4 EAD, your spouse must be an H-1B holder that was granted H-1B status under sections 106(a) and (b) of AC21. You're also eligible if your H-1B spouse is the beneficiary of an approved Form I-140.

   • If you have questions about your spouse's status, or about your eligibility, call the USCIS National Customer Service Center at 1-800-375-5283 or talk to an experienced immigration attorney.
2. 2
   Download Form I-765 and instructions. The most current version of Form I-765 and instructions on how to complete and submit it are available on USCIS's website at https://www.uscis.gov/i-765. While you may find copies elsewhere, they may not be the most current version.

   • If you submit an earlier version of Form I-765, USCIS will not accept it and you'll have to apply again.
   • Read the instructions carefully and use them to fill out your form. If you answer any questions inaccurately, your application could be delayed or denied.
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3. 3
   Fill out your application. Form I-765 requires information about you and your spouse. You can type your answers on a computer and then print the completed form, or you can print it and handwrite your answers. If you write your answers, print in black ink.

   • Answer the questions fully and accurately. If a question isn't applicable to you or your answer is "none," write or type out "none" or "N/A" (for "not applicable"). Do not leave it blank.
4. 4
   Sign and date your application. Once you've completed your application, look over it carefully and make sure all answers are complete and correct, and there are no typos or other errors. Sign the application in black ink.

   • If you typed your application, print the filled-in form before you sign it. USCIS will not accept a typed name or a photocopied signature.
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Part 2

Part 2 of 3:

Assembling Your Application Packet

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1. 1
   Provide evidence of your H-4 status. A copy of your Form I-94 Arrival/Departure Record that shows your admission to the country as an H-4 nonimmigrant is sufficient to prove your H-4 status. You can also submit a copy of your current Form I-797 approval notice for Form I-539.

   • Make sure the document you use is current and valid. Don't use a document that's expired.
2. 2
   Include a copy of your government-issued photo ID. Any government-issued ID, including a visa or a copy of the biometric page of your passport, is sufficient to prove your identity. You can also use a copy of your birth certificate if it includes photo ID.

   • If you have a national identity document from your country of origin, you can also make a copy of that provided it's still valid.
   • You can also use your EAD if you have prior employment authorization.
3. 3
   Make a copy of your marriage certificate. Your H-4 status is dependent on being married to an H-1B nonimmigrant. A copy of your marriage certificate is required to provide evidence of your relationship to your spouse.

   • If you were married in another country and your marriage certificate is in another language, attach a certified translation of the document.
4. 4
   Provide evidence of your eligibility for an EAD. To prove you are eligible for an EAD you must include copies of your spouse's immigration papers that show their H-1B status. This could be a copy of approval notices, or of your spouse's visa.

   • If your application is based on a Form I-140 that's still pending, provide evidence of the pending application, such as a copy of the notice of receipt of that form.
   • If your not sure what evidence you need to submit, call the USCIS National Customer Service Center at 1-800-375-5283 or talk to an experienced immigration attorney.
5. 5
   Get passport photos taken. You will need two identical passport photos for your EAD. You can get passport photos taken in many retail locations, including most pharmacies and shipping services.

   • You must use recent photos. Go ahead and get new ones taken, even if you have some that were taken within the past few months.
   • Make sure your passport photos meet US guidelines. Your photos must be printed in color on photo-quality paper, and they must be 2 inches (5.1 cm) by 2 inches (5.1 cm) in size. The distance from the bottom of your chin to the top of your head needs to be between 1–1.375 inches (2.54–3.49 cm).
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Part 3

Part 3 of 3:

Submitting Your Application

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1. 1
   Determine your direct filing address. Provided that you are submitting Form I-765 by itself, the address where you need to send your application packet depends on your eligibility category. You can find your eligibility category on Question 16 of your form.

   • Once you know your eligibility category, visit https://www.uscis.gov/i-765-addresses and click on your category to get the address.
2. 2
   Include a notification form. If you want to receive an email or text notification when USCIS has accepted your form, fill out Form G-1145, "E-Notification of Application/Petition Acceptance," and attach it to the first page of your application.

   • You can download this form from the USCIS website at https://www.uscis.gov/g-1145.
3. 3
   Get a check or money order for the filing fee. The filing fee for Form I-765 is $410. You can pay this fee with a check or money order. If you pay using a personal check, it must be from a US bank and payable in US funds.

   • You may also need to pay an $85 biometric services fee if you're a spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition.
   • Make your check out to the "U.S. Department of Homeland Security." Do not abbreviate the department name in any way. Be sure to write the date using the US "month-day-year" format.
   • Include "Form I-765" on the memo line as the purpose for your payment.
4. 4
   Put your documents in order. Using the order recommended by USCIS ensures that your documents will be processed with minimal delay. Place your check or money order for your fees on the top of your application packet.

   • Place Form G-1145 next, if you decided you wanted an email notification when your application was accepted. Place your completed Form I-765 directly behind it.
   • The documents you're submitting as evidence should follow Form I-765. Put them in the order they are listed in the form instructions.
   • Remember to include photocopies of all of your official documents. If you send originals, they'll become part of USCIS records and you won't get them back.
5. 5
   Mail your application packet to the appropriate address. Use a manila envelope of sufficient size to hold all of your documents without folding anything. You can mail the packet using the US Postal Service or a commercial delivery service such as UPS or FedEx.

   • Double check the address before you file. If you send your application to the wrong address, it will be rejected and you'll have to file it again.
   • Your mailing address will be different if you use a private carrier instead of the US Postal Service.
6. 6
   Wait for your application to be processed. Assuming your application is approved, you may have to wait a couple of months before you receive your EAD. Remember that you can't start working until you get your EAD.

   • If your application has been pending for more than 90 days, you can submit an inquiry to the service center that is processing your application.
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Expert Q&A

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• Question

  How can you expedite the H4 EAD?

  

  Dhenu Maru
  Immigration Lawyer

  Dhenu Maru is an Immigration Lawyer, as well as the Founder and CEO of SwagatUSA, LLC. With over 10 years of experience, she specializes in family immigration and business immigration. She earned her law degree from Loyola University Chicago School of Law and her BA in Philosophy & Child Development from Tufts University. She was named a Rising Star by Super Lawyers for 2017, 2018, and 2019. She earned the title of Super Lawyer in 2021 and has been selected again for 2023.

  

  Dhenu Maru

  Immigration Lawyer

  Expert Answer

  Nonprofit organizations can file that request if it's in furtherance with America's cultural and social interests. You can also expedite the H4 EAD if it serves U.S. government interests—for instance, a Department of Defense employee could apply in regards to a time-sensitive project. If there's a clear USCIS error, you can also apply for expediting to rectify that.

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