How to Apply for an H-4 EAD for the First Time

To apply for an H-4 EAD for the first time, you file Form I-765 with U.S. Citizenship and Immigration Services under eligibility category (c)(26), submit proof that you hold valid H-4 status and that your H-1B spouse has reached the required point in the green card process, pay the filing fee, and wait for the physical Employment Authorization Document card to arrive before starting any job.¹

The steps below walk through the eligibility check, the paperwork, the filing choices, and what happens after USCIS receives your application.

Confirm You Are Eligible

Not every H-4 spouse qualifies. You are eligible to file only if your H-1B spouse meets one of these two conditions:

Your spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
Your spouse has been granted an H-1B extension beyond the standard six-year limit under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act. This applies when the labor certification or immigrant petition has been pending at least 365 days.

You also need to currently hold valid H-4 status yourself. Children in H-4 status cannot apply for work authorization no matter where the H-1B worker stands in the green card process.¹

Gather Your Supporting Documents

Your application package needs to prove three things: you hold valid H-4 status, you are married to the H-1B worker, and your H-1B spouse has hit one of the two eligibility milestones. Assemble the following before you start the form.

Proof of Your H-4 Status

Include a copy of your current Form I-94 Arrival/Departure Record showing admission in H-4 status, or a copy of your most recent Form I-797 Notice for an approved Form I-539.²

Proof of Your Marriage

Include a copy of your marriage certificate. If it is in a language other than English, add a certified English translation. If either spouse was married before, include documents showing how the earlier marriage ended, such as a divorce decree or death certificate.²

Proof of Your Spouse’s Green Card Milestone

If you qualify through an approved I-140, include a copy of your spouse’s I-797 approval notice for that petition. If you qualify through the AC21 extension route, include documentation that your spouse has been granted H-1B status past the six-year cap — copies of I-797 notices, passport pages, and I-94 records that show the extension.²

Identity Documents and Photos

Include copies of the biographical page of your current passport and any previously issued U.S. visas. You also need two identical color passport-style photos, unmounted and not digitally retouched. Retouched photos can delay your case or force an in-person visit to an Application Support Center.³⁴

Fill Out Form I-765 Correctly

Two entries on the form matter most for H-4 applicants and are easy to miss on a first filing.

In Item Number 27, enter eligibility category (c)(26). This identifies you as an H-4 spouse. In Item Number 29, enter the receipt number from your H-1B spouse’s most recent Form I-797 Notice for their Form I-129 petition.²

Use the current edition of the form. Starting March 5, 2026, USCIS accepts only the 08/21/25 edition of Form I-765.³

Choose Between Online and Paper Filing

USCIS accepts Form I-765 for H-4 spouses either online or by mail. The fee is different for each.

Online filing costs $470. Create a USCIS online account at uscis.gov, complete the form, upload your documents, and pay the fee.⁵
Paper filing costs $520. Download the current edition of the form, complete it, and mail the package with your documents and fee to the appropriate USCIS Lockbox address.⁵

The fee is not refunded if USCIS denies your application.⁶

Pay the Fee the Right Way

If you file by mail, personal checks, cashier’s checks, and money orders are no longer accepted. You have two options:

Credit or debit card. Complete and sign Form G-1450, Authorization for Credit Card Transactions, and place it on top of your application package. The card must be issued by a U.S. bank. A third party, such as a family member, can pay on your behalf by signing the G-1450.
ACH bank transfer. Complete Form G-1650, Authorization for ACH Transactions, to pay directly from a U.S. bank account.

Do not split payment between a credit card and an ACH transfer for the same application. USCIS may reject the entire package. The fee amount must be exact.⁷

Filing Together With I-539 or I-129

Many first-time H-4 EAD applicants file at the same time they are extending H-4 status, or while the H-1B spouse is extending H-1B status. You can file Form I-765 concurrently with Form I-539 alone, or with both Form I-539 and Form I-129. Send everything together to the address in the other form’s instructions, which is usually the I-539 address.⁸

One timing consequence to know before you file this way: when the I-765 goes in with an I-539, USCIS will not begin processing your EAD application until it has decided the I-539.²

What Happens After You File

If you attach Form G-1145, e-Notification of Application/Petition Acceptance, to the top of your paper package, USCIS will send a text or email with your receipt number as soon as the file is accepted.

USCIS then mails Form I-797C, Notice of Action, with a 13-character receipt number you can use to track the case at uscis.gov.⁹ Keep it. You will need that receipt number for any inquiry later.

Some applicants get a separate notice scheduling a biometrics appointment at an Application Support Center for fingerprints and a photograph. If you are outside the United States when the notice arrives, it will direct you to contact a U.S. Embassy or consulate to schedule.²

Processing times shift throughout the year and vary by office. Check the current estimate on the USCIS Case Processing Times page, selecting I-765 and the office handling your case.¹⁰ Once approved, USCIS mails the physical EAD card to the address on your application.

Request a Social Security Number on the Same Form

Form I-765 has an optional section where you can request a Social Security Number and card at the same time. If you check the box and USCIS approves your application, USCIS forwards your information to the Social Security Administration, which mails the SSN card in a separate envelope. The card should arrive no later than seven business days after your EAD.¹¹

If you already have an SSN from earlier authorized work, checking this box produces a replacement card. If you skip the section, you can still apply for an SSN in person at a Social Security office once your EAD arrives.¹¹

Traveling or Moving While the Case Is Pending

If you leave the United States while the I-765 is pending, you need a valid H-4 visa stamp (or an approved advance parole document) to re-enter in H-4 status. Departing without a way back in H-4 status can disrupt the application. If you have a biometrics appointment scheduled and you are overseas, USCIS instructs you to contact a U.S. Embassy or consulate to arrange it.²

If you move at any point, notify USCIS within 10 days. Update your address at uscis.gov/addresschange or by calling the USCIS Contact Center. A missed address update can cost you the biometrics notice or even the EAD card itself.²

When You Can Start Working

You cannot start a job until the physical EAD card is in your hand. A receipt notice or a pending application does not authorize employment.¹

Once the card arrives, work authorization is unrestricted. You can work for any employer, take freelance or self-employed work, or run your own business. The EAD, however, is tied to your underlying H-4 status. If H-4 status ends, work authorization ends with it, even if the date printed on the card has not passed.

1
U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses
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U.S. Citizenship and Immigration Services. Form I-765, Instructions for Application for Employment Authorization
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U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
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Travel.State.Gov. Photo Requirements
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U.S. Citizenship and Immigration Services. Form G-1055 Fee Schedule
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USCIS. G-1450, Authorization for Credit Card Transactions
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U.S. Citizenship and Immigration Services. Pay With a Credit Card by Mail
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U.S. Citizenship and Immigration Services. Filing Form I-765 with Other Forms
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U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
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U.S. Citizenship and Immigration Services. Case Processing Times
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USCIS/Social Security Administration (SSA). Apply for your Social Security Number While Applying for Your Work Permit