EAD category C26 is the code you enter on Form I-765 when applying for a work permit as an H-4 dependent spouse of an H-1B specialty occupation worker. The category was created by a 2015 Department of Homeland Security rule, and the U.S. Supreme Court declined in October 2025 to hear a challenge to it, leaving the rule in force.1U.S. Citizenship and Immigration Services. Employment Authorization Eligibility depends entirely on where your H-1B spouse stands in the green card process, and the rules around renewing a C26 EAD changed significantly at the end of 2025.
Who Qualifies
The regulation at 8 CFR 274a.12(c)(26) limits this category to H-4 spouses whose H-1B principal has reached one of two milestones.2eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment You qualify if you hold valid H-4 status and your H-1B spouse either:
- Is the primary beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker), or
- Has been granted an H-1B extension beyond the standard six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21), which is available when a labor certification or immigrant petition has been pending at least 365 days.3U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status
Both you and your spouse have to be maintaining valid nonimmigrant status when you file. Your Form I-94 needs to be current and show H-4 status. If your spouse loses H-1B status or the I-140 is revoked, your eligibility disappears at the same time.4U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses
H-4 children do not qualify. The category is spouses only, even for children who hold valid H-4 status and are under 21.
What the Permit Lets You Do
A C26 EAD is unrestricted. Unlike H-1B status, which ties the worker to a specific employer, this permit lets you work for any employer, in any field, full-time or part-time. You can also be self-employed, work as an independent contractor, or start a business. Your job does not need to relate to your spouse’s field or employer.
The card is valid only through the expiration date printed on it. Some professions also require state-level licensing, and licensing boards set their own documentation requirements for work-authorized noncitizens, so check with the relevant board in your state before investing in exam preparation.
How to File
You apply on Form I-765 (Application for Employment Authorization) and enter the code (c)(26) in the eligibility category field at Part 2, Item 27.5U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization You can file online through a USCIS account or mail a paper application to the lockbox for your state.
Include the following:
- A copy of your most recent Form I-94 showing H-4 status
- A copy of your marriage certificate
- A copy of your spouse’s I-140 approval notice (Form I-797), or evidence of an AC21-based H-1B extension
- Two identical passport-style color photographs taken within the last 30 days
- A copy of your passport, prior EAD, or other government-issued ID
Illegible copies and missing documents trigger Requests for Evidence, which add months. Confirm every page is clean and complete before mailing.
USCIS charges a filing fee that differs between online and paper filings, and DHS announced a fee adjustment rule effective March 2026. Check the current amount on the USCIS fee schedule before filing, because paying the wrong fee will get your application rejected.6U.S. Citizenship and Immigration Services. G-1055, Fee Schedule Paper filings require a check or money order payable to “U.S. Department of Homeland Security.”
Filing With Form I-539
If your H-4 status also needs to be extended, you can file Form I-765 together with Form I-539 (Application to Extend/Change Nonimmigrant Status). Send both forms with all required fees and supporting documents to the address in the I-539 instructions, not the I-765 instructions.7U.S. Citizenship and Immigration Services. Filing Form I-765 with Other Forms Concurrent filing can sometimes process faster because the service center handles both requests together.
Requesting a Social Security Number
Form I-765 has a section asking whether you want USCIS to share your information with the Social Security Administration so an SSN can be issued alongside your EAD. Check that box and you avoid a separate trip to a Social Security office. Skip it and you will need to apply for an SSN in person after your card arrives, before you can start working.
After You File
USCIS sends a Form I-797C receipt notice with a case number you can use to track the application online. Some applicants also get a biometrics appointment notice for fingerprinting and a photograph at an Application Support Center.
Processing times vary by service center. As of early 2026, standalone C26 applications take roughly five to eight months at some centers and can stretch past a year at others. Applications filed concurrently with Form I-539 tend to process somewhat faster, with some centers finishing them in under four months. Check the USCIS processing times page for your specific service center.
The Automatic Renewal Extension Is Gone
This is the change that most affects C26 holders right now. Before October 30, 2025, an H-4 EAD holder who filed a timely renewal could keep working for up to 540 days while USCIS processed the renewal. That safety net no longer exists for new filings.8U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization
If you file a renewal on or after October 30, 2025, your work authorization ends the day your current EAD expires. You have to stop working until USCIS approves the renewal and you receive the new card. Given how long processing takes, this can mean months without pay.
Renewals filed before October 30, 2025 are grandfathered under the old rule. The automatic extension of up to 540 days still applies to those cases, capped at the earlier of the USCIS decision or the expiration of your I-94.9U.S. Citizenship and Immigration Services. Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025
Plan renewals accordingly. File as early as USCIS allows. Build a financial cushion for the gap between expiration and approval. If your employer offers unpaid leave, arrange it in advance. Some immigration attorneys recommend filing six months before the current card expires to give USCIS maximum processing time.
Events That End Your Eligibility
C26 authorization depends on your H-1B spouse’s continuing status. Several events can cut it off:
- Your spouse’s H-1B employment ending, which terminates their H-1B status and, with it, your H-4 status. A valid EAD card in hand does not let you keep working once the underlying H-4 status lapses.
- Revocation of your spouse’s I-140. You may still qualify if your spouse holds an AC21-based H-1B extension that stands on its own, but otherwise you must stop working.4U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses
- Failure to maintain H-4 status, whether through unauthorized work, an I-94 overstay, or another violation of your admission terms.
Traveling While an Application Is Pending
Leaving the United States while a Form I-539 is pending can cause USCIS to treat that application as abandoned. If your Form I-765 was filed together with that I-539, abandonment of the I-539 can also result in denial of the EAD application. Standalone I-765 filings not linked to a pending I-539 carry less risk, but travel during any pending application creates complications. Confirm you have a valid H-4 visa stamp for reentry and that your H-4 status will still be valid when you return.
Where the Rule Stands After the 2025 Supreme Court Decision
Save Jobs USA v. Department of Homeland Security argued that DHS exceeded its authority by creating the C26 category. After years in the federal courts, the Supreme Court declined to hear the case in October 2025, leaving the lower court rulings that upheld the rule in place.
Surviving the courts is not the same as permanence in policy terms. A future administration could open new rulemaking to eliminate the category, which would go through a public comment period before taking effect. The removal of automatic EAD extensions in October 2025 already points to a less accommodating stance on employment authorization for dependent spouses. Watch USCIS policy announcements if you hold or plan to apply for a C26 EAD.