Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). Of course, if H4 visa EAD holder chooses not to work, that is absolutely fine too. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. The Spouse of H-1b visa must submit the proof of documentation beneficiary of an approved Form I-140 or your spouse which has H-1b Visa status. In my practice, H1B families have posed similar questions about the nuances of the H4 EAD. These visas are usually issued at the local US consulate office abroad. H4 EAD Visa questions - how to apply - live radio show by Shah Peerally by Shah Peerally Law Group PC. If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. H4 Visa EAD is a visa category in the United States that came into law in 2014/2015 and it was open to applicants on May 2015. 2. wink emoticon - … You do not have to pay the Form I-765 filing fee. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and. H4 visa EAD applicants may not e-file Form I-765; anyone applying for H4 EAD must send Form I-765 along with the required fees and evidence via postal mail. H4 Visa EAD. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. 9. When filing Form I-765, please mail it to the proper location based on the chart below. There is, however, an option to obtain an EAD which allows you to work with an H4 visa. As a standalone application because you are currently in H-4 status and do not need to extend your status. H4 VISA EAD Eligibility & Requirements. Here's an excerpt from the DHS EAD H4 News Press Release USCIS Director León Rodríguez announced today that, effective May 26, 2015, the Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. More than 90% of the 1.26 lakh Employment Authorisation Documents (EAD) issued for H4 visa beneficiaries since 2015 have been allotted to Indians. Schedule a visa interview appointment You are only authorized to work through the expiration date on your EAD. An H-4 visa is a visa issued by the U.S. A:H-4 visa stamp is needed only to travel into the US. All Rights Reserved Operated by USCIS Guide, H-4 classifies dependent spouses of nonimmigrants who are on the H-1B visa. In May of 2015, USCIS director, Leon Rodriquez announced that H4 visa holders would be permitted to work in the U.S. if certain conditions were met. USCIS classifies it as given to Family of H1B visa. More details on H4 EAD Lawsuit. The H4 EAD revocation process is going on in parallel with the SaveJobsUSA vs DHS court case. Apply H4 EAD after entering the US to get EAD approval within 3-6 months. Those who have an approved EAD have the following advantages: Shah Peerally Law Show covering H4 EAD, H1B 2015, TPS for Yemen EAD para ciertos cónyuges que son dependientes de titulares de la visa H4 Bajo las nuevas reglas de inmigración de los Estados Unidos, los titulares de la visa H-4 pueden trabajar en los Estados Unidos luego de obtener un Documento de Autorización de Empleo (EAD). In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. H-4 EAD rule is only for spouse. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. What is the average processing time for H4 visa petition The processing times totally depend on the service center and if it is change of status or extension. As a requirements of EAD, One must file the Form Form I-765, Application for Employment Authorization mentioned above. Facts in relation to the process for application of the H4 EAD visa are listed in detail as follow. Stay until the end where I also provide some options that should be considered instead of H4 EAD due to its dependency on H1B. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. Eligible H4 dependent spouses must file I-765 form, Application for Employment Authorization, with supporting evidence and a $380 fee to get work authorization and to receive I-766 form and EAD. You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). USCIS allows immediate family members of H visa holders to get H-4 visas to lawfully come and stay in the US. This rule was set in place in 2015 to make the transition of highly educated foreign employees coming to the U.S. for work less disruptive to couples and families. To apply for H4 EAD, the applicant must file Form I-765, Application for Employment Authorization. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. Official Website of the Department of Homeland Security, Employment Authorization for Certain H-4 Dependent Spouses, USCIS Response to Coronavirus 2019 (COVID-19), E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, WB Temporary Business Visitor under Visa Waiver Program, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. ) from USCIS before you may travel but this may cause delays or denials for Employment Authorization filing... 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