The rules around who can work in the US on a dependent visa are often misunderstood, and H-4 visa holders are no exception. If you’re married to an H-1B worker, you may assume the right to work comes as part of the package – but it doesn’t. Employment rights for H-1B spouses are tightly restricted and only available under specific conditions.

In this guide, we explain the rules on H1B spouse visa work rules and how to ensure you obtain and retain employment authorization while in the US.

 

Can H1B spouses work in the USA?

 

H1B spouses can work in the USA only if they hold valid H-4 visa status and meet specific eligibility requirements.

To be authorized for employment, the H-4 spouse must apply for and receive an Employment Authorization Document (EAD) from USCIS. Eligibility depends on the H-1B worker’s immigration status, specifically, the H-1B holder must have an approved Form I-140 or have extended their status beyond the six-year maximum under AC21 provisions.

Without an EAD, H-4 spouses are not permitted to work in any paid capacity, including self-employment or freelance work. Volunteer and study activities, however, are generally allowed.

 

What is the H4 visa?

 

The H-4 visa is a nonimmigrant visa issued to immediate family members of H-1B visa holders, which covers spouses and unmarried children under 21. It allows them to enter and remain in the United States for the duration of the H-1B worker’s authorized stay. While H-1B workers are admitted to the U.S. to perform professional or specialty occupation jobs, the H-4 visa provides a way for their dependents to live with them in the US without having to qualify for a separate work or student visa.

H-4 visa holders are not automatically granted permission to work. Instead, employment rights are limited and only available in certain situations, such as when the H-1B visa holder has made significant progress toward obtaining permanent resident status. In those cases, eligible H-4 spouses may apply for an Employment Authorization Document (EAD), which grants permission to work in any lawful capacity.

Although H-4 visa holders are not entitled to work by default, they may study full- or part-time while in the United States. They are also allowed to open bank accounts, obtain a driver’s license, and access certain public benefits that are not tied to work authorization. However, their ability to stay in the country depends entirely on the validity and duration of the primary H-1B visa holder’s status. If the H-1B visa ends or is revoked, the H-4 status typically ends as well.

The H-4 visa does not lead directly to a green card, but H-4 visa holders can be included in a family-based green card application if the principal H-1B worker applies for permanent residence and includes eligible dependents. In those cases, H-4 dependents would transition to lawful permanent resident status alongside the H-1B worker.

The H-4 visa allows spouses and dependent children of H-1B visa holders to live in the United States for the duration of the principal visa holder’s authorised stay. Only certain H-4 visa holders are permitted to work while in the US during their visa period, provided they have secured employment authorization.

 

What is an Employment Authorization Document (EAD)?

 

As an H-4 visa holder, you are required to hold an Employment Authorization Document (EAD) to undertake paid work in the US. This includes employment, starting business, self-employment and freelance work.

With an EAD, you may work on a part-time, full-time or short-term basis for any US employer. Your EAD is typically issued for periods of up to two years and must be renewed to continue working, even if your H-4 status remains valid. It remains reliant on your spouse’s H1B status. H1B status lasts for an initial 3 years, with the option, where eligible, to extend to a total of 6 years. If your spouse is required to renew their H1B visa, you will also be required to renew your H-4 visa and EAD.

While you are permitted to look for employment while your EAD application is being processed, you may not start work in the US until USCIS approve and send to you your EAD.

You may work for multiple employers at any one time and you are also allowed to take up an internship, whether paid or unpaid. There is no restriction on the kind of position you may work in or the related field or industry.

With an EAD, you may also start your own business and are allowed to hire employees.

 

Eligibility to work in the US as an H1B spouse

 

To be eligible for employment authorization as an H1B dependent:

 

• You must be the spouse of an H1B non-immigrant worker.
• You must have applied for and been granted H-4 visa status.
• The H-1B worker must either have an approved Form I-140 (Immigrant Petition for Alien Worker) or have been granted an H-1B extension beyond the sixth year under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act (AC21).
• As an H-4 visa holder, you must reside in the US at the time of your EAD application.

 

Note that H-4 status unmarried children under 21 years of age are not eligible for an EAD.

 

How to apply for H1B spouse work authorization

 

If you meet the eligibility criteria, you then need to complete an Application for Employment Authorisation form I-765. The application contains the following sections:

 

• Part 1: Reason for Applying (to accept employment, replace a lost EAD or renew one)
• Part 2: Information About You (full name – current and past, address in the US, alien registration number, USCIS online account number, gender, marital status, whether you have previously applied for an EAD, whether you have ever been issued a US social security card, US social security number, information on your parents, your country of nationality or citizenship, place of birth, your last arrival in the US, your eligibility category)
• Part 3: Applicant’s Statement, Contact Information, Declaration, Certification and Signature
• Part 4: Interpreter’s Contact Information, Certification, and Signature (where applicable)
• Part 5: Contact Information, Declaration, and Signature of the Person Preparing This Application (where a third party has helped you to complete your application form)
• Part 6: Additional Information (where applicable)

 

You file Form I-765 with the applicable supporting documents and filing fee. The fee is $470 for online filings or $520 for paper submissions. A biometric services fee is not currently required for H-4 EAD applicants.

The USCIS processing time for I-765 applications is a minimum of 90 days, however this may be extended should you apply during a busy period of the year or where USCIS request further documents and information to process your application.

There is no premium processing service available, although USCIS may offer an accelerated processing time under certain ‘extreme’ circumstances.

 

H4 EAD supporting documents

 

Along with the I-765 form, you will need to provide documents to support your application. The exact nature of the documents will depend on your individual circumstances, but in most cases should include:

 

• Proof of H-4 status: Provide a copy of your Arrival/Departure Record form I-94.
• Government issued photo identification document: This could be a copy of the biometric page of your passport, your birth certificate with photo ID, a foreign consulate issued visa, or a national identity document with a photo.
• Proof of your relationship to the H1B worker: Provide a copy of your marriage certificate to demonstrate your relationship to the H1B worker.
• Photographs: You should provide two identical, recent, passport style, colour photographs of yourself.
• Basis of your eligibility: Where the H1B worker has been granted an approved Immigrant Petition for Alien Worker form I-140, provide a copy of the approval notice form I-797 for the I-140.

 

Where the H1B worker has been granted an extension to their H1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act (AC21), provide:

 

• a copy of the H1B worker’s passport
• previous I-94 forms
• current and previous I-797 forms
• evidence of the reason that the H1B worker’s period of stay was extended, for instance, communications from the Department of Labour
• where you cannot present any evidence to support the basis of your eligibility, USCIS may consider secondary evidence such as the receipt number of the most recent I-129 extension of stay request form or the receipt number of the approved I-140 petition form.

 

 

EAD application processing

 

The typical processing time for an H-4 EAD application (Form I-765) is 3 to 6 months, but this can vary depending on USCIS workload, the service center handling your case, and whether USCIS requests additional evidence.

Once you have submitted your application, you may travel outside the US however you should consider the potential impact on your application if USCIS is not able to contact you. While you may travel outside the United States after submitting your I-765, doing so may delay your application if USCIS cannot contact you or if additional information is required. Any protracted delay in forwarding the requested information to USCIS could lead to your application being rejected.

Should your EAD application not be successful, you will lose the opportunity to respond to this decision if you cannot be contacted in time.

If your EAD expires before your renewal is approved and no automatic extension applies, you must stop working until the new card is issued. Employers are also required to verify work authorization and cannot legally continue your employment during any gap in EAD validity.

If your H-4 EAD application is accepted, USCIS will issue you an EAD card. Once you receive the physical card, you are legally permitted to begin working in the United States. The card will specify the validity period, and you can work for any employer, be self-employed, or even start your own business, as long as your H-4 status remains valid.

If your application is refused, USCIS will send a written notice explaining the reasons for denial. Common reasons include missing documents, ineligibility under the required criteria or failure to prove H-4 status. You cannot work if your application is denied, and there is no formal appeal process for Form I-765 denials. However, depending on the reason, you may be able to reapply with corrected or additional documentation.

 

EAD renewal & automatic extensions

 

H-4 spouses with work authorization must renew their Employment Authorization Document (EAD) in advance of its expiration to continue working lawfully in the United States. USCIS allows EAD renewal applications to be submitted up to 180 days before the current card expires. Filing early is essential, as there is no premium processing available for EADs, and delays in approval can lead to unintended gaps in employment.

To renew, applicants must file a new Form I-765 along with updated supporting documents and the required filing fee. The renewal process is essentially the same as the initial application, and it is subject to the same eligibility requirements, meaning the H-1B spouse must still meet the underlying criteria (e.g., approved Form I-140 or H-1B extension under AC21).

Some H-4 EAD holders may be eligible for an automatic extension of work authorization while their renewal application is pending. Under current USCIS policy, if your Form I-765 is properly filed before your existing EAD expires, and you continue to hold valid H-4 status, your work authorization may be automatically extended for up to 540 days.

To qualify, the renewal must fall within the eligible category codes listed by USCIS, most H-4 EADs under category (c)(26) qualify. The automatic extension begins on the day after the current EAD expires and continues for up to 540 days or until USCIS makes a final decision on the renewal, whichever comes first. It’s essential to confirm eligibility based on your specific circumstances and ensure your employer is aware of your extension rights under the law.

 

Working without an EAD or after it expires

 

Working in the United States without valid employment authorization is a breach of immigration law. For H-4 visa holders, that means you cannot begin work until your Employment Authorization Document (EAD) has been approved and issued by USCIS. Even if you have submitted your application and are waiting for a decision, you are not permitted to start working until you receive the physical EAD card.

Engaging in paid employment without a valid EAD—or continuing to work after it has expired—can lead to serious consequences. These may include denial of future immigration benefits, such as adjustment of status or visa extensions, and in some cases could result in removal proceedings. USCIS considers unauthorized employment a violation of status, and any period of unauthorized work may be held against you in future immigration applications.

It is also important to be aware that EAD approval is not retroactive. If you work while your application is pending, that time will not be covered once the card is issued. For this reason, you must stop working the moment your EAD expires, unless a valid automatic extension applies based on a timely renewal filing. To remain compliant and avoid problems later on, ensure you track your EAD validity and do not work without active authorization.

 

Impact of H-1B status changes on H-4 EAD

 

An H-4 spouse’s right to live and work in the United States depends entirely on the status of the principal H-1B visa holder. If the H-1B worker loses their job, switches to another visa category, or allows their status to lapse, the H-4 visa—and any EAD issued under it—may also become invalid.

The EAD is not independent; it remains valid only while H-4 status is maintained. If the H-1B worker transitions to a different status, such as a green card, F-1, or O-1 visa, the legal basis for the H-4 visa ends, and the EAD is no longer valid, regardless of its printed expiration date.

Working without valid status or with an expired or invalid EAD can result in immigration violations and harm future visa or green card applications. H-4 spouses should monitor both their EAD expiration date and the H-1B holder’s status. If there are changes to the principal visa holder’s circumstances, legal advice should be sought promptly to understand the implications and consider alternative options.

Impact of divorce or separation on H-4 visa holders

 

H-4 status is entirely dependent on the principal H-1B visa holder. If the marriage breaks down and the couple legally separates or divorces, the dependent spouse may lose eligibility to remain in the United States under the H-4 category.

USCIS does not automatically monitor marital status, but in the event of a divorce, the H-4 holder no longer meets the legal definition of a dependent spouse under immigration law. This means their H-4 status, and any EAD issued through it, can become invalid. If USCIS becomes aware of the change, or if the H-1B holder notifies USCIS or seeks to update their dependent list, the former spouse may be required to leave the US or change to another visa category to remain lawfully in the country.

If the couple is only separated but still legally married, the H-4 visa may remain valid. However, legal advice should be sought in such situations, as status may be questioned during visa renewals, EAD applications or green card processes where ongoing marital status must be confirmed.

Once divorced, an H-4 spouse cannot remain in the US on the basis of their prior relationship to the H-1B holder. If they wish to stay, they must independently qualify for a different visa category, such as a work visa, student visa or potentially permanent residency if eligible through other means.

Given the serious immigration implications, individuals experiencing relationship breakdown while on an H-4 visa should speak with a qualified immigration attorney to assess options and take steps to maintain lawful status.

 

Alternatives to the H-4 EAD for work authorization

 

As an H-4 visa holder, your immigration status and permission to work will be dependent on your H1B visa holder’s status. Depending on your circumstances, you may wish to consider alternative visa options to provide you with employment authorization. For example, you may consider applying for a work visa in your own right. Your options will be determined by factors such as your skills, education and the nature of your occupation.

Your spouse may also look to change their status by transferring from H1B status to a different visa that allows spouses to work. These include O (Persons with extraordinary ability in science, the arts, education, business, athletics, or film or TV production) and E (Treaty Trader, Treaty Investor or related qualified employees) category visas.

 

Volunteering

 

H-4 visa holders may volunteer with non-profit organisations, provided the role is genuinely unpaid, not typically a paid position, and does not displace US workers.

 

Studying under the H-4 visa

 

H4 visa holders are also allowed to undertake study while in the US. There are no restrictions on the type of study.

 

Need assistance?

 

Specialist legal advice can assist in advising on the various visa options open to you, arriving at the best option to take, and should you decide to apply for an H-4 EAD, assist in the application process.

NNU Immigration are dedicated US immigration attorneys. If you are considering applying for the H-4 visa or employment authorization, we can guide you through the application process. For advice about your US visa application, contact us.

 

Can H1B spouse work in the USA FAQs

 

Can an H-1B spouse work in the US?

Only certain H-4 spouses are eligible to work in the US. To qualify, the H-4 visa holder must meet specific criteria and obtain an Employment Authorization Document (EAD) from USCIS.

 

Who is eligible for an H-4 EAD?

H-4 spouses may apply for an EAD if the H-1B principal has an approved Form I-140 or has received an extension of H-1B status beyond the six-year maximum under sections 106(a) and (b) of AC21.

 

Can I start working once I file my EAD application?

You must wait until USCIS approves your application and issues your EAD card before beginning any paid employment.

 

Can I work for multiple employers with an H-4 EAD?

There are no restrictions on the number of employers or the type of job you may hold with a valid H-4 EAD.

 

How long is the H-4 EAD valid for?

The EAD is typically issued for up to two years but is only valid as long as the H-4 status is maintained. It must be renewed before it expires to continue working.

 

Can I renew my EAD before it expires?

You can file to renew your EAD up to 180 days before the current card expires. Filing early helps prevent any disruption to your employment.

 

Is there an automatic extension if I renew on time?

In most cases, yes. If you file your renewal application before your current EAD expires and your category is eligible, you may receive an automatic extension of up to 540 days.

 

What happens if I work without a valid EAD?

Working without authorization can result in serious immigration consequences, including loss of status and ineligibility for future benefits.

 

Can H-4 dependents volunteer without an EAD?

H-4 visa holders may engage in unpaid volunteer work, provided the role is genuinely unpaid and not a substitute for a paid position.

 

What if I divorce my H-1B spouse while on an H-4 visa?

Divorce ends your eligibility for H-4 status. You would need to leave the US or switch to another visa category to stay legally.

 

Glossary

 

 

Term	Definition
H-1B Visa	A nonimmigrant visa that allows US employers to hire foreign workers in specialty occupations requiring a bachelor’s degree or higher.
H-4 Visa	A nonimmigrant visa issued to spouses and unmarried children under 21 of H-1B visa holders, allowing them to live in the US.
Employment Authorization Document (EAD)	A document issued by USCIS that allows certain noncitizens, including eligible H-4 spouses, to work legally in the US.
Form I-765	The USCIS application form used to request an Employment Authorization Document.
Form I-140	An immigrant petition for alien worker filed by a US employer on behalf of a foreign national to sponsor them for a green card.
AC21	Short for the American Competitiveness in the 21st Century Act, which allows certain H-1B visa holders to extend their stay beyond six years.
Automatic Extension	A period during which a work authorization is extended automatically after filing a timely renewal, allowing continued employment while awaiting a new EAD.
Green Card	The common term for lawful permanent resident status in the US, allowing a person to live and work permanently in the country.
USCIS	United States Citizenship and Immigration Services, the government agency that processes immigration and naturalization applications.
Dependent	A family member, such as a spouse or child, who relies on the principal visa holder’s immigration status to live in the US.