H4 EAD Application Documents

H4 EAD Application Documents

The following documents are required to submit an application for H4 visa EAD:

  • Fee Payment

    There is no online payment. Please make cashier’s checks payable to “US Department of Homeland Security”.

  • Form I-765, Application For Employment Authorization 

    Choose eligibility category as (c) (26) while filling the form. 

    Sample Form I-765 

  • A copy of Form I-94, non immigrant arrival/departure record (front and back, if applicable).

  • A copy of your last EAD (front and back), if available 

    If you have never been issued an EAD earlier, a copy of government issued identity document such as:
    • Passport showing your picture, name, and date of birth 

    • A birth certificate with photo ID 

    • A visa issued by a foreign consulate 

    • A national ID document with photo and/or fingerprint. 

  • 2 identical photographs 

    Print your I-94 number on the back of the photos using pencil

  • E-Notification: If you want to receive an e-mail and/or a text message that your Form I-765 has been accepted at a USCIS Lock box facility, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application.

  • Proof of Legal Status: 
    Submit either of the following documents:
    • Form I-94 that shows your admission in H-4 visa category 

    • Form I-797 (Approval notice) for Form I-539 (extension of stay) under H-4 visa category 

  • Proof of Relationship to the Principal H-1B: 
    A copy of marriage certificate.

  • Work Authorization Basis:
    Submit the copies of appropriate documents based on the eligibility criteria:
    • Approved Form I-140: 
      A copy of H-1B spouse’s Form I-797 approval notice for Form I-140. 

    • H-1B beyond 6 years under AC 21 106(a) and (b): 
      Copies of H-1B spouse’s passports, prior Forms I-94, and current & prior Forms I-797 for Form I-129 (Petition for Non Immigrant workers), which are really H-1B status approval notices.

      • Based on Filing of a Permanent Labor Certification Application:
        A copy of the printout from the Department of Labor’s (DOL) web site or other correspondence from DOL that shows that H-1B spouse’s permanent labor certification was filed at least 365 days prior to the expiration of the 6-year limitation of stay on H-1B status. 

        If Permanent Labor Certification was certified, submit a copy of Form I-797, Notice of Receipt for Form I-140 showing that the Form I-140 was filed within 180 days of Permanent Labor certification. 

      • Based on a Pending Form I-140:
        If the H-1B spouse’s green card application does not require Permanent Labor Certification with DOL (such as EB-1 category or certain EB-2 categories), submit a copy of the Form I-797 Notice of Receipt for Form I-140 showing that it was filed at least 365 days prior to the expiration of the 6-year limitation of stay, and it still remains pending.

  • If you don’t have the evidence listed in proof of legal status, proof of relationship or work authorization basis, you may submit a secondary evidence. E.g. For work authorization basis, you can submit H-1B spouse’s most recent Form I-129, extension of stay, or the receipt number of the approved Form I-140 petition.

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