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U.S. Citizenship and Immigration Services (USCIS) Website
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Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
H-4 Spouse Eligibility for Employment Authorization
H-1B spouse: eligibility, application, and automatic extension updates for H-4 work permit (EAD).
As an H-4 spouse, your status depends directly on your H-1B partner’s visa and their ongoing status. The H-4 visa is designed specifically for the spouse and unmarried children (under 21) of an H-1B visa holder. If your spouse’s H-1B status ends, your H-4 status ends with it - two lines connected on the same page.
USCIS states that certain H-4 dependent spouses of H-1B nonimmigrants may apply for a work permit (EAD) by filing Form I-765, Application for Employment Authorization.
H-4 EAD: A Brief Journey Through Status and Time
Let’s look at how eligibility for the H-4 EAD changes at different stages of your life in the U.S., depending on your spouse’s immigration path. The key factor is having a clear path to a green card. We’ll also touch on the new automatic EAD extension rule, published on October 30, 2025, and what it means for H-4 spouses.
Quick Terms
AC21 - American Competitiveness in the Twenty-First Century Act:
Allows employment-based green card applicants to change jobs after their I-485 (adjustment of status) has been pending for 180 days or more, if the new role is in a similar occupation.
Form I-140 - Immigrant Petition for Alien Worker:
Filed by a U.S. employer (or sometimes the individual) to classify a worker for a permanent employment-based immigrant visa - a major step toward a green card.
| YES/NO | Stage | Overview |
|---|---|---|
| NO | The Beginning - H-1B, No Green Card Yet | You’re here in the U.S. on H-4 status, your spouse working under H-1B. No I-140 yet, no green card process started. At this stage, you’re not eligible for an EAD. Your story as a worker hasn’t begun yet. |
| YES | Before the Green Card Approval | Once your H-1B spouse’s Form I-140 is approved, or they’ve received an extension beyond six years under AC21, the picture changes. You can now apply for Form I-765 with proof of marriage and their eligibility. You’re eligible for an H-4 EAD - your temporary work permit, your chance to work, create, and contribute. |
| NO | H-1B Spouse Loses Job | If your H-1B spouse loses employment, your H-4 status remains valid only for a limited time. Without a valid H-4, your EAD automatically becomes invalid, and you must stop working. |
| YES | H-1B Spouse Changes Employer | As long as your spouse maintains valid H-1B status, your H-4 status continues. If your spouse’s I-140 is approved, you remain eligible to apply for or continue your EAD. |
| NO | When H-1B Turns B1/B2 | If your spouse switches from H-1B to B1/B2 (visitor) status, they no longer meet the H-1B requirements, and you no longer qualify for H-4 or EAD. The work permit ends when the link to H-1B ends. |
| YES | H-4 EAD Renewal Pending | If your H-4 EAD renewal (category C26 - H-4 spouse of an H-1B visa holder) was filed on time, meets all eligibility requirements, and was submitted before Oct. 30, 2025, your work authorization automatically extends for up to 540 days while USCIS processes your renewal. Renewals filed on or after Oct. 30, 2025, are not eligible for this automatic extension, and employment authorization will end when the current EAD expires unless another valid work authorization applies. |
| NO | When H-4 Status Ends | Your H-4 status exists only as long as your spouse’s H-1B status does. If their status ends, yours - and your EAD - ends too. |
| YES | Pending I-140 Approved, EAD Not Yet Applied | Once your spouse’s I-140 is approved, you are eligible to apply for an EAD. You must submit Form I-765 to receive work authorization, which allows you to work legally while waiting for the card. |
| NO | Gap in Status | Any lapse in your H-4 status, even briefly, results in the loss of EAD eligibility. Maintaining continuous legal status is crucial for uninterrupted work authorization. |
| YES | After Receiving a Green Card | Once you obtain your green card (permanent residency), your work authorization is no longer tied to your spouse’s H-1B status. You can work freely in the U.S. without needing an EAD. |
| NO | Divorce / Death | If your H-1B spouse divorces you or passes away before you have a green card, your H-4 status may end. Consequently, your EAD eligibility ends unless you’ve already obtained a green card or another qualifying status. |
Avoid Delays or Rejections on Form I-765:
– Use the Latest Form I-765, Application for Employment Authorization.
– Follow Instructions Carefully: Use the most recent instructions for Form I-765 (check the header for update/expiration dates).
Useful Links
⚖️ When you need help with immigration matters, turn to someone you can trust - a licensed attorney or an accredited representative from a Department of Justice recognized organization.