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If your partner holds an H-1B visa in the US and you are classified as an H-4 dependent spouse, you may qualify for employment authorization. To begin working, you need to apply for an Employment Authorization Document (EAD). This involves filling out Form I-765 and submitting it to the US Citizenship and Immigration Services (USCIS), along with supporting documents and the appropriate fee. You cannot start your job in the US until your EAD is approved.
Process Overview
Filling Out Your Application
Check the eligibility criteria. To qualify for an H-4 EAD, your spouse must be an H-1B holder who has received H-1B status under sections 106(a) and (b) of AC21. You can also apply if your spouse's Form I-140 has been approved.
- If you're unsure about your spouse’s status or your eligibility, contact the USCIS National Customer Service Center at 1-800-375-5283 or consult an immigration lawyer for guidance.
Obtain the latest version of Form I-765 and its instructions. The most up-to-date Form I-765 and instructions on how to properly complete and submit it can be found on the USCIS website at https://www.uscis.gov/i-765. While other sources may offer copies, they might not be the latest version.
- Submitting an outdated Form I-765 will result in USCIS rejecting it, and you'll have to start the process again.
- Carefully read the instructions and use them to complete your form. Incorrect answers could cause delays or result in a denial of your application.
Complete your application. Form I-765 asks for personal details about both you and your spouse. You can fill out the form on a computer and print it, or you can handwrite the answers after printing the form. If handwriting, use black ink.
- Ensure that all questions are answered thoroughly and accurately. If a question doesn’t apply to you, or if your response is "none," write "none" or "N/A" (for "not applicable"). Do not leave any fields blank.
Sign and date your application. After filling out your application, review it to confirm all information is correct, complete, and free from errors. Make sure to sign it with black ink.
- If you typed your application, print the completed form before signing it. USCIS will not accept a typed or photocopied signature.
Preparing Your Application Packet
Submit proof of your H-4 status. A copy of your Form I-94 Arrival/Departure Record, showing your entry to the US as an H-4 nonimmigrant, is sufficient to establish your H-4 status. You may also submit a copy of your current Form I-797 approval notice for Form I-539.
- Ensure that the document you provide is current and valid. Avoid using any expired documents.
Provide a copy of your government-issued photo ID. Any valid government-issued ID, such as a visa or a copy of the biometric page from your passport, can serve to verify your identity. A copy of your birth certificate with photo ID is also acceptable.
- If you possess a national identity document from your home country, you may also submit a copy, provided it's still valid.
- If you have a previous EAD, you can include a copy of it as well.
Include a copy of your marriage certificate. Since your H-4 status is based on being married to an H-1B visa holder, you must submit a copy of your marriage certificate to demonstrate your relationship.
- If your marriage certificate is in a foreign language, include a certified translation of the document.
Submit proof of your eligibility for an EAD. To show you're eligible for an EAD, provide copies of your spouse's immigration documents that confirm their H-1B status. This may include approval notices or your spouse’s visa.
- If your application is based on a pending Form I-140, include evidence of the pending application, such as the notice of receipt.
- If you're unsure what evidence is required, you can call the USCIS National Customer Service Center at 1-800-375-5283 or consult an immigration lawyer for assistance.
Have passport photos taken. You will need two identical passport-sized photos for your EAD application. These can be taken at most retail locations, such as pharmacies or shipping centers.
- Ensure the photos are recent. Even if you have photos from a few months ago, it’s better to take new ones.
- Make sure your passport photos meet the US requirements. The photos must be printed in color on high-quality photo paper, and each should measure 2 inches by 2 inches (5.1 cm by 5.1 cm). The distance from your chin to the top of your head must fall between 1–1.375 inches (2.54–3.49 cm).
Submitting Your Application
Find your correct filing address. When submitting Form I-765 on its own, the address to send your application depends on your eligibility category. You can find this information in Question 16 of the form.
- After determining your eligibility category, go to https://www.uscis.gov/i-765-addresses, and select your category to find the address where you should send your application.
Attach a notification request form. To receive email or text notifications once USCIS accepts your form, complete Form G-1145, "E-Notification of Application/Petition Acceptance," and attach it to the front of your application.
- You can access and download this form at https://www.uscis.gov/g-1145.
Prepare a check or money order for the filing fee. The filing fee for Form I-765 is $410. You can pay by check or money order. If using a personal check, it must be drawn from a US bank and payable in US currency.
- If you're a spouse or unmarried dependent child of an employment-based immigrant petition beneficiary, you may also need to pay an additional $85 biometric services fee.
- Make the check payable to "U.S. Department of Homeland Security." Do not abbreviate the department’s name. Ensure the date is written in the US "month-day-year" format.
- On the memo line, write "Form I-765" as the reason for the payment.
Organize your application documents. By following USCIS’s recommended order, you can help avoid delays in processing. Place your check or money order on top of your application packet.
- If you chose to receive email notifications, place Form G-1145 first, followed by your completed Form I-765.
- Documents you're submitting as evidence should follow Form I-765, ordered as instructed in the form’s guidelines.
- Be sure to include photocopies of all official documents. Originals will become part of USCIS records and will not be returned.
Send your application packet to the right address. Use a manila envelope that’s large enough to fit all your documents without folding. You can mail your packet via the US Postal Service or through a commercial delivery service like UPS or FedEx.
- Double-check the address before mailing. If you send your application to the wrong address, it will be rejected, and you will have to resubmit it.
- If you’re using a private carrier, the mailing address might be different from the one used by the US Postal Service.
Wait for your application to be processed. Once your application is approved, there may be a waiting period of a few months before you receive your EAD. Remember that you are not permitted to start working until you receive it.
- If your application has been pending for over 90 days, you have the option to submit an inquiry to the service center handling your application.
