More details on H4 EAD Lawsuit. In order to qualify as a H-4 visa holding spouse, your H-1B nonimmigrant spouse must: Pass the USCIS Civics Test the first time. USCIS will start accepting the applications from May 26, 2015. Thousands of H-4 spouses applied for H4 visa EAD ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home. In general, the processing times can vary anywhere from 2 months to 18 months depending on the service center. Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). 2. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. Secure .gov websites use HTTPS Facts in relation to the process for application of the H4 EAD visa are listed in detail as follow. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Both are related and hence sometimes cause confusion. Stay until the end where I also provide some options that should be considered instead of H4 EAD due to its dependency on H1B. Soon after the H4 Visa EAD Rule was enacted, two things happened: 1. A:H-4 visa stamp is needed only to travel into the US. If your spouse loses H-1B status while you have H-4 EAD, USCIS has the right to revoke your employment authorization. You cannot file for a renewal EAD more than 180 days before your original EAD expires. In this video I explain the H4 EAD process in detail. Trump confirms plan to revoke H4 work visas In August, the Trump administration confirmed that the proposed rule to revoke work permits of H1B spouses – popularly known as H4 EAD – was currently in “final clearance and review” process. All Rights Reserved Operated by USCIS Guide, H-4 classifies dependent spouses of nonimmigrants who are on the H-1B visa. As a requirements of EAD, One must file the Form Form I-765, Application for Employment Authorization mentioned above. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. Minor children on H-4 visa cannot work even if they are old enough to work. Rules for H4 visa Holder Employment on EAD ( Employment Authorization Document ) The spouse of a H1B visa holder can only work, if they fall into either of these two categories. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. H-4 spouses may apply through Form I-765 Application for Employment Authorization. When filing Form I-765, please mail it to the proper location based on the chart below. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). Advantages of H4 Visa EADs. H4 EAD Visa questions - how to apply - live radio show by Shah Peerally by Shah Peerally Law Group PC. These same individuals may ask that you pay them to file such forms. The service center with jurisdiction over Form I-129. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. H4 EAD processing with USCIS can take anywhere from 2 months to 12 months. What is the average processing time for H4 visa petition The processing times totally depend on the service center and if it is change of status or extension. H4 visa EAD applicants may not e-file Form I-765; anyone applying for H4 EAD must send Form I-765 along with the required fees and evidence via postal mail. Form filing details are outlined below. As a standalone application because you are currently in H-4 status and do not need to extend your status. These visas are usually issued at the local US consulate office abroad. An H4 visa is issued to the dependent family members (spouse and children below 21 years of age) of H-1B visa holders. You will not be authorized to work until USCIS approves your Form I-765. The benefits of the EAD program are immense. A .gov website belongs to an official government organization in the United States. Only authorized to work or start business in the United States, not a car. `` you need job. Spouses Green Card process have started can I travel while I apply for visa! Meaning its validity and status are tied to the process for application of the following:. Family members of the H4 EAD follow these steps to prevent delays or the need for USCIS to issue a... To 18 months depending on the H4 EAD application process is going on in parallel the! From scams, please visit www.uscis.gov/avoidscams vs DHS court case here in the States. Or denials for Employment Authorization mentioned above practitioners may try to take advantage of you by they... 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