How to File H4 EAD: How to File H4 EAD Documents, Form I-765 (New/Renewal Process)
The H4 Employment Authorization Document (EAD) is a valuable benefit for H4 visa holders, allowing them to work legally in the United States without any employer or location restrictions. Whether you're applying for a new H4 EAD or renewing an existing one, understanding the process and required documents is essential. In this comprehensive guide, we'll walk you through the steps to file for an H4 EAD, covering both new applications and renewals.
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Documents for H4 EAD Application
- 1. H4-EAD Fees Check / Credit Card - Prepare a $410 fee payable to the 'U.S. Department of Homeland Security.' Personal checks from U.S. banks like Bank of America or Chase are acceptable. Credit card payments are also allowed. Do not include biometric fees; they are not required for H4 EAD.
- 2. Photo - Provide two identical 2x2 inch photographs taken within the last 30 days. Write your name and either your i94 number, Social Security Number (SSN), or Alien registration number on the back of each photo. Ensure the admission record number on the H4 i94 matches the information on the photos. Avoid sending old photos, as USCIS may request new ones, delaying your application.
- 3. Form I-765 - Download and complete Form I-765, the Application for Employment Authorization. Consider using an app that can help fill out the form, validate it, and prevent common mistakes.
- 4. H4 Status Proof - Include a copy of the H-4 visa holder's most recent I-797 Approval. If an H4 extension has been approved recently, use the extension approval.
- Alternatively, provide the most recent H4 i-94 copy. If an H4 extension was approved recently, the new i94 should be attached to your H4 extension approval notice (i797). If your H4 extension is still pending, include a copy of the pending H4 extension.
- 5. Government-Issued Photo ID Document - Include a copy of the front and back pages of the H4 holder's passport (front with photo and back with address). Alternatively, provide a copy of the U.S. H4 Visa stamp page from the passport. For those with a previous EAD, include copies of both the front and back. A birth certificate with a photo can be used, but it must contain a photograph. Avoid using a U.S. state ID or driver's license as an ID document.
- 6. H4’s Relationship with H-1B - Include a copy of your marriage certificate in English to prove the relationship between the H4 dependent and the primary H1B holder.
- 7. H4 EAD Eligibility Proof :- Provide a copy of the primary H1B - Provide a copy of the primary H1B spouse’s I-140 i797c approval notice to demonstrate H4 EAD eligibility. If your employer hasn't shared the I-140 approval copy with you, you can request I-140 details using the USCIS FOIA (Freedom of Information Act) request.
- 8. Current H4-EAD Copy for Renewal :- Include an existing H4 EAD copy only if you are applying for renewal or extension. Ensure that you use a black ink pen for all forms and documents. Do not staple the documents; use a paper clip to bind them together.
- 9. Form G1145 (Optional but recommended) :- Consider using Form G1145 to request USCIS notifications via SMS or email when they receive your application. Attach this form at the top of your H4 EAD application package.
How to Fill Out the H4 EAD Form
When filling out Form I-765 for H4 EAD, pay attention to the following details:
- Concurrent Filing – H1B, H4, H4 EAD - If you are filing H1B, H4, and H4 EAD applications concurrently in the same package, indicate this in question 29 on Form I-765. You can write "Filed Concurrently," leave it blank, or write the current approved H1B receipt number. All three options have been tested and work. - H4-EAD Renewal Documents The document list for H4-EAD renewal or extension is the same as for new H4-EAD applications.
- Apply SSN with EAD - If you don't have a Social Security Number (SSN), select 'No' in question 13.a. and then select 'Yes' in questions 14 and 15. You will need to provide your (H4's) father and mother's names in question 16.a. and 16.b. to obtain an SSN card. Your SSN card will be automatically generated after your EAD is approved and will be mailed by USPS within 3-4 weeks.
How to Apply for H4 EAD: New and Renewal Process
The H4 Employment Authorization Document (EAD) allows H4 visa holders to work in the United States under specific conditions. Here's a step-by-step guide on how to apply for H4 EAD, whether you're applying for the first time or renewing your existing EAD. We'll also cover the biometrics process.
Overview How to File H4 EAD
Step | Description |
---|---|
Step 1: Determine Eligibility | - Ensure you meet the eligibility criteria for H4 EAD, such as having an H1B spouse with an approved I-140 or H1B extension beyond the 6-year limit under AC21.<br>- Verify that you have the necessary supporting documents. |
Step 2: Complete Form I-765 | - Download Form I-765 (Application for Employment Authorization) from the USCIS website.<br>- Fill out the form with accurate information, including your eligibility category code (c)(26).<br>- Sign and date the form. |
Step 3: Gather Required Documents | - Assemble all required documents, including the H4 EAD application fee, Form I-765, photographs, and supporting documentation like marriage certificates, proof of eligibility, and photos.<br>- Organize them in a specific order. |
Step 4: Payment of Application Fee | - Prepare a check, money order, personal check, or cashier's check for $410 USD payable to the "U.S. Department of Homeland Security."<br>- If applying at a USCIS Lockbox facility, you can use form G-1450 for credit card payments.<br>- Do not use short forms; write out the full name of USCIS. |
Step 5: Submit the Application | - Create a package with the documents and fees in the prescribed order.<br>- Do not use heavy staples; use paper clips or binder clips.<br>- Check the correct USCIS address based on your H1B spouse's receipt number.<br>- Mail or send the package to the appropriate USCIS address. |
Step 6: Receive Biometric Appointment (if required) | - USCIS may require biometrics (fingerprinting and photograph) for certain applicants. If needed, you will receive a biometrics appointment notice.<br>- Attend the appointment at the specified Application Support Center (ASC). |
Step 7: Wait for Processing | - USCIS will process your H4 EAD application.<br>- Check the USCIS processing times, which can vary.<br>- You can check your case status online using the receipt number provided in the acknowledgment notice. |
Step 8: Receive EAD Card | - Once your H4 EAD is approved, you will receive your Employment Authorization Document (EAD) card in the mail.<br>- This card will allow you to legally work in the U.S.<br>- The processing time may vary, but you can generally expect to receive your EAD card within 1 to 7 working days after the "New Card is Being Produced" status is displayed. |
Step 9: Apply for Social Security Number (SSN) (if needed) | - If you do not currently have an SSN, you can apply for one after your EAD is approved.<br>- Select 'No' in Question 13.a. on Form I-765 and 'Yes' in Questions 14 and 15 to indicate your intention to apply for an SSN.<br>- Your SSN card will be generated and mailed to you by USPS within 3-4 weeks. |
H4 EAD Requirements – Who Can Apply?
To be eligible for H4 EAD, you must meet one of the following conditions:
- Have an approved Form I-140: This is an immigrant petition for foreign citizens to obtain a Green Card or Permanent Residency in the USA. Your H1B spouse's I-140 approval qualifies you.
- H1B Status Extended Beyond 6 Years under AC21: Your H1B spouse's status must have been extended beyond the initial 6-year limit under the AC21 Act, which allows H1B holders seeking Green Cards to work and stay in the US while their Green Card or Permanent Residency Application is pending with USCIS.
Passport Not Required for U.S. Citizens
H4 EAD Documents Checklist
Before applying for H4 EAD, gather the following documents:
- H4 EAD Fee: Prepare a $410 USD fee payable to "U.S. Department of Homeland Security." You can use a check, money order, cashier's check, or credit card (Form G-1450) if filing at a USCIS Lockbox facility.
- EAD Application Form: Complete Form I-765, the Application for Employment Authorization.
- E-Notification Form (Optional): If you want electronic notifications for your application, use Form G-1145. This option is available when filing at a USCIS Lockbox Facility.
- Copies of H4 Visa Holder's Government-Issued Photo Identity: Include one or more of the following:
- Copy of H4 visa holder's passport (front and back).
- Copy of the H4 visa stamp page from the passport (if available).
- Copy of the birth certificate with a photo.
- If renewing, include a copy of the previous H4 EAD card (front and back).
- National identity card from your home country (e.g., Voter card or Aadhar Card for Indians).
- Current H4 Visa Status Proofs:
- If you applied for H4 extension or change of status (COS) within the US, include a copy of the most recent I-797A approval form (H4 approval notice from USCIS).
- If you entered the US with a valid H4 visa stamp from a US Consulate, include copies of your H4 visa and the I-94 used to enter the US.
- Copy of I-94 Card or Electronic Copy: Obtain your I-94 Arrival/Departure Record number, which can be found on your I-94 card or printed online.
- H4 EAD Eligibility Documents: Depending on your eligibility:
- Option 1 (Approved Form I-140): Include a copy of the primary H1B holder's I-140-related I-797 Approval Notice.
- Option 2 (H1B Received Proof under AC21): Include copies of the H1B holder's passports, previous I-94s, current and prior copies of Form I-797 (H1B approval notices), evidence of H1B extension beyond 6 years, and proof that your spouse's PERM was filed at least 365 days before the end of the 6-year period. If PERM was not needed, provide proof of a pending Form I-140 filed at least 365 days before the end of the 6-year period.
- H4-H1B Relationship Documents: Include a copy of your marriage certificate in English. If it's not in English, get it translated by a certified translator.
- H1B Spouse's Documents (Optional): Additional supporting information such as a copy of the H1B holder's passport.
- Photos: Two color passport photos (2x2 inches) taken within the last 30 days. Write your name and I-94 number on the back of each photo.
- Additional Supporting Documents: If applicable, include a copy of the Individual Taxpayer Identification Number (ITIN) of the H4 holder.
- Translation of Submitted Documents: If any documents are not in English, provide a complete and accurate English translation along with the translator's certification.
Current PERM Processing Time
Step-by-Step Guide to Apply for H4 EAD
- Step 1: Complete Form I-765 :- Download the latest Form I-765 and its instructions from the USCIS website. Fill out the form carefully, providing accurate information. Pay attention to questions related to your eligibility category, previous filings, Social Security Number (SSN), and I-94 information.
- Step 2: Package Your H4 EAD Application :- Assemble your application package in the following order: Check or money order on top. Form G-1145 for e-notification (if desired). Form G-28 (if an attorney is filing). Completed and signed Form I-765. Supporting documents, as per the checklist. Do not use heavy staples; use paper clips or binder clips to bind the documents together.
- Step 3: Mail Your H4 EAD Application:- Determine the correct USCIS address based on your H1B spouse's receipt number (I-797). Ensure that the address information is up-to-date on the USCIS website. Mail your application package to the appropriate address.
Biometrics for H4 EAD
As of March 11, 2022, H4 EAD applicants may be required to attend a biometrics appointment. USCIS will send you an appointment notice specifying the date, time, and location of the appointment. During the biometrics appointment, your fingerprints, photograph, and signature will be collected. This information is used for background checks and to issue your EAD.
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How to file H4 EAD using Form I-765
Download and fill out the USCIS i765 form. You can also use our app to fill the form. The app validates and checks all form fields to make sure you don't make any mistakes. You can use this app to fill out the form, verify it all, and make sure the form hasn't been rejected or sent an RFE by USCIS: