H-4 Work Authorization Act: Eligibility, Fees, and Renewal

Certain spouses of H-1B visa holders can obtain their own work permit, called an Employment Authorization Document (EAD), under a Department of Homeland Security regulation known as the H-4 work authorization rule. There is no standalone statute by that name; the benefit comes from a 2015 DHS regulation that lets H-4 dependent spouses work in the United States when their H-1B partner is far enough along in the green card process. The program is active as of 2026, and eligible spouses can still file, though recent rule changes have made timing and renewals significantly more consequential than they used to be.

Who Qualifies

You qualify if you hold valid H-4 status and your H-1B spouse meets one of two green-card-related milestones. Children in H-4 status are not eligible; the benefit is limited to spouses.¹

Approved I-140 Petition

The most common path: your H-1B spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers. The employment-based category (EB-1, EB-2, or EB-3) does not matter, and neither does which employer filed it. The I-140 approval must still be valid, meaning not revoked or withdrawn.¹

H-1B Extension Under AC21

H-1B status normally maxes out at six years. Sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21) allow extensions past that cap when a labor certification or I-140 was filed at least 365 days before the six-year limit would have been reached. If your spouse received such an extension, you qualify for the EAD even without an approved I-140.²

Documents You Need

Pull these together before you start. USCIS wants evidence of both your H-4 status and your spouse’s eligibility:

A copy of your current Form I-94 showing H-4 admission, or your most recent Form I-797 approval notice for a Form I-539 status extension.
A copy of your marriage certificate.
Two identical passport-style photographs meeting USCIS specifications.
If you are using the approved I-140 path: a copy of the Form I-797 approval notice for the I-140 filed for your H-1B spouse.
If you are using the AC21 path: copies of your spouse’s passports, prior I-94 records, and current and prior I-797 notices for Form I-129 petitions showing the H-1B was extended under AC21.

The I-140 path is usually simpler because the approval notice does most of the work on its own. The AC21 path takes more paperwork because USCIS needs to see the timeline of filings.¹

How to File

You apply on Form I-765, Application for Employment Authorization. In Part 2, enter eligibility category code (c)(26), the designation for H-4 spouses of H-1B nonimmigrants. You will also list the receipt number from your spouse’s most recent Form I-797 for their I-129 petition.³

Online filing is not available for category (c)(26). H-4 EAD applicants must file by mail.⁴ Which USCIS lockbox you send it to depends on the receipt-number prefix on your H-1B spouse’s most recent I-797 for Form I-129. The current addresses, including separate entries for USPS and courier services, are on the USCIS filing addresses page.⁵

You can file the I-765 concurrently with your H-4 status extension (Form I-539) and your spouse’s H-1B petition (Form I-129).⁶ If your EAD eligibility depends on the outcome of the I-539, mail both forms together to the I-539 address. If they are independent, mail them separately, since bundling unrelated forms can slow things down.⁵

Filing Fee

The paper filing fee for Form I-765 is $520 under the March 2026 USCIS fee schedule.⁷ Since the April 2024 fee rule, there is no separate biometrics fee for most applicants; the cost is folded into the $520.⁸ USCIS may still schedule you for a biometrics appointment, but you will not owe more.

How Long It Takes

Processing times swing widely depending on the service center and whether you filed concurrently with an I-539. Concurrent filings tend to run faster, often 2.5 to 6 months. Standalone I-765 filings can take 5 to 13.5 months.⁹ Premium processing (Form I-907) is not available for H-4 EADs, so there is no way to pay for a faster decision.¹⁰

You will receive a receipt notice (Form I-797C) with a case number you can use for online status checks. You cannot legally work until the physical EAD card is in your hand. The receipt notice alone does not authorize employment.¹

Validity and Renewal

Your EAD is valid through the expiration date of your H-4 status. When the card expires, your work authorization ends. You must stop working immediately, even if a renewal is pending.

To renew, you file a new Form I-765 with the same fee and supporting documents. USCIS accepts renewal applications up to 180 days before the current EAD expires. Because processing can stretch across many months and there is no premium option, filing the full six months early is the safest way to reduce a gap in work authorization, though it does not guarantee no gap at all.

Automatic Renewal Extensions Have Ended

Before October 30, 2025, H-4 EAD holders who filed a timely renewal could keep working for up to 540 days while USCIS adjudicated the new application. An interim final rule published by DHS on October 30, 2025 eliminated that automatic extension for renewal applications filed on or after that date.¹¹ The H-4 (c)(26) category was among those previously covered and is now affected by the change.¹²

If you filed your renewal before October 30, 2025 and received an automatic extension, that extension is still valid. Anyone who filed on or after that date has no bridge. Once the card expires, work authorization stops until the new card is issued. This makes timing the single most important thing about a renewal now.

If Your H-1B Spouse Loses Their Job

Your H-4 EAD is entirely dependent on your spouse’s H-1B status, so job loss triggers immediate concerns. Federal regulations give H-1B workers and their dependents a grace period of up to 60 consecutive days after employment ends, or until the end of the authorized validity period, whichever comes first.¹³ The regulation specifies that the worker may not work during that period unless otherwise authorized, and your EAD’s validity is tied to your H-4 status staying intact.

Within that 60-day window, your spouse can move to a new H-1B employer, change to a different status, or file for adjustment of status if eligible. If none of that happens, both of you may need to leave the country.¹⁴ The 60-day clock runs from the date employment ends, not from when you learn about it.

Travel While You Hold an H-4 EAD

The EAD is a work permit, not a travel document. You can travel internationally, but coming back requires a valid passport and, unless your country is exempt, a valid H-4 visa stamp. Customs and Border Protection issues a new I-94 confirming H-4 status upon re-entry.

Two travel risks worth planning around: if your H-4 visa stamp has expired while you were inside the United States, you will need to renew it at a U.S. consulate before returning; and if an EAD renewal is pending, being overseas can complicate biometrics scheduling and notice delivery. Many immigration attorneys advise against international travel while an EAD renewal is pending unless you have no choice.

Social Security Number and Taxes

You need a Social Security Number to work legally and file taxes. On Form I-765 you can check a box authorizing USCIS to coordinate with the Social Security Administration to issue your SSN card automatically after the EAD is approved. If you do, the card typically arrives within about two weeks of the EAD.¹⁵

If you skipped the box or the card does not arrive, you can apply in person at your local Social Security office once you have the EAD. Bring the original EAD (Form I-766) and your birth certificate; photocopies are not accepted. You will need an appointment first.¹⁵

Once you earn U.S. income, you have the same federal tax filing obligations as any other worker. Whether you file as a resident or nonresident alien depends on how long you have been in the country and whether you meet the substantial presence test. Most H-4 spouses who have lived here for several years qualify as resident aliens for tax purposes and file Form 1040, the same return used by U.S. citizens. If both you and your H-1B spouse have SSNs, you can file a joint return, which usually produces a lower tax bill than filing separately.

The Program’s Future

The H-4 EAD program has been challenged since 2017. The most significant legal case, Save Jobs USA v. DHS, reached the U.S. Supreme Court, which denied the petition in October 2025, leaving the program in place.¹⁶ The USCIS application page is active and eligible spouses can still file.¹

DHS has signaled interest in rescinding the underlying regulation through rulemaking. No final rescission rule has been published as of this writing. If one is finalized, existing cardholders would likely keep authorization through the card’s expiration date, but renewals could become unavailable. Watch the Federal Register if you are relying on this program long term.

1
U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses
2
U.S. Citizenship and Immigration Services. Supplemental Guidance Relating to Processing Forms I-140, I-129, and I-485
3
USCIS. Form I-765, Instructions for Application for Employment Authorization
4
USCIS. Forms Available to File Online
5
U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-765, Application for Employment Authorization
6
U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
7
USCIS. G-1055 Fee Schedule
8
U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
9
U.S. Citizenship and Immigration Services. USCIS Processing Times
10
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
11
U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization
12
Regulations.gov. Removal of the Automatic Extension of Employment Authorization
13
eCFR. 8 CFR 214.1 – Requirements for Admission, Extension, and Maintenance of Status
14
U.S. Citizenship and Immigration Services. Options for Nonimmigrant Workers Following Termination of Employment
15
Social Security Administration. Apply For Your Social Security Card While Applying For Your Work Permit
16
Supreme Court of the United States. No. 24-923