H-4 spouses can apply for an EAD if the principal H-1B workerH- 4 WORK aUTHORIZATION
A limited class of qualifying H-4 spouses will now be eligible to obtain employment Authorization documents.
Starting May 26,2015, USCIS will accept Forms I-765,Applications for Employment Authorization,from qualifying H-4 nonimmigrants whose H 1B spouses have hit certain designated milestones in the employment -based permanent residence process. The Employment Authorization Document (EAD) will be approved for the duration of the H-4 period of stay and will be valid as long as the H-4 nonimmigrant is mentaining H-4 status.USCIS is still finalizing a revised Form I-765 and related instructions for the H-4 EAD process.
Work authorization for H-4 spouses will help reduce a significant source of economic strain on many H-1B families and will place US employers in a stronger position to attract and retain key professionals in labor-short and special skills occupations where access to non-US workers is essential.
H-1B spouse is the beneficiary of an approved Form I-140
H-4 spouses can apply for an EAD if the principal H-1B worker is the benificiary of an approved Form -140, Immigrant Worker Petition.
H-1B spouse is the beneficiary of a post-6th year H-1B extention.
H-4 spouses can apply for an EAD if the principal H-1B worker has obtained a post-6th year H-1B extention based upon a long-pending employment-based pemanent residence process.