If you are the spouse of an H-1B visa holder and wish to obtain a work permit, you must first meet certain requirements to be eligible for employment in the US.
Firstly, your H-1B spouse must have an approved Form I-140, which is a petition for immigrant worker status.
Secondly, you, as the H-4 dependent spouse, must file Form I-765, which is an application for employment authorization.
Additionally, you must not have any disqualifying criminal history, and you must not be out of status at the time of your application.
Once your Form I-765 is approved, you will be authorised to work in the United States for a period of up to two years. After that, you may apply for a renewal provided your H-1B spouse continues to maintain valid status.
Eligibility Criteria for Spouses of H-1B Visa Holders
The eligibility criteria for spouses of H-1B visa holders to obtain a work permit in the US are as follows:
- The H-1B visa holder must have an approved I-140 petition or have extended their visa beyond the initial six-year limit.
- The spouse must be in valid H-4 status and not have committed any crimes that would make them ineligible for a work permit.
- The H-4 spouse must file Form I-765, Application for Employment Authorization, with supporting documentation and pay the required fees.
- The spouse can only start working after they have received the employment authorization document (EAD) from USCIS.
- The EAD is valid for up to three years and can be renewed as long as the H-1B visa holder’s status is valid.
Pro tip: It’s important to stay up-to-date with any changes to the eligibility criteria and requirements for obtaining a work permit as they can vary over time.
Rajkotupdates.news : America Granted Work Permit for Indian Spouse of H-1 b Visa Holders
A spouse who qualifies for a work permit is a husband or wife of an H-1B visa holder who meets certain requirements set by the U.S. Citizenship and Immigration Services (USCIS).
To qualify for a work permit, the spouse must meet the following requirements:
1. The H-1B visa holder must be the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, OR
2. The H-1B visa holder must have been granted an extension of their authorised period of stay based on the American Competitiveness in the Twenty-First Century Act (AC21).
Once the spouse meets these requirements, they can apply for a work permit and engage in employment in the United States.
Pro tip: It’s essential to check the current H-4 EAD visa rules and regulations before applying for a work permit as they are subject to change.
What Are the Requirements for the H-1B Visa Holder?
To qualify for an H-1B visa, the applicant must meet specific requirements, including possessing specialised knowledge, expertise, and academic credentials that are essential to the job they will be performing in the United States. The applicant must also have an employment offer from a U.S.-based employer.
Other requirements include demonstrating the intent to return to their home country once the visa has expired, not having any criminal convictions, and meeting the minimum salary threshold set by the U.S. Department of Labor for the job’s classification.
For the H-1B visa holder’s spouse to obtain a work permit, the spouse must be in the United States in H-4 status and meet specific eligibility criteria, including that the H-1B visa holder must have an approved I-140 immigrant visa petition or an H-1B visa extension past the six-year limit.
Once these requirements are met, the H-4 visa holder can apply for an employment authorization document (EAD) to work in the United States.
What are the Requirements for the Spouse?
To be eligible for an H-4 visa work permit, a spouse of an H-1B visa holder must meet specific requirements set by the United States Citizenship and Immigration Services (USCIS).
The requirements for the spouse include the following:
1. The spouse must be in valid H-4 visa status.
2. The H-1B visa holder must have already started the process of seeking lawful permanent residence status.
3. The spouse must not have any criminal record.
4. The spouse must file Form I-765, Application for Employment Authorization, along with the required filing fee and supporting documents with USCIS.
Keep in mind that the processing times for H-4 visa work permits can vary and can take several months.
Application Process for the H-4 EAD
The H-4 EAD (Employment Authorization Document) is a work permit that allows the spouse of an H-1B visa holder to lawfully work in the United States. To apply for an H-4 EAD, you must meet certain requirements and follow the application process outlined by the U.S. Citizenship and Immigration Services (USCIS).
Here are the requirements and application process for the H-4 EAD:
Requirements:
- You must be the spouse of an H-1B visa holder who is currently in the U.S.
- Your H-1B spouse has an approved I-140 petition or is currently extending their status beyond the six-year limit based on their H-1B visa.
Application process:
- Complete and file Form I-765, Application for Employment Authorization
- Pay the required filing fee
- Submit evidence of your eligibility and relationship with the H-1B visa holder, such as marriage and dependent status documents.
Pro Tip: It is advisable to apply for an H-4 EAD as soon as possible because the processing time can be lengthy, and the application may take up to 90 days to be approved.
Filing Form I-765 – Application for Employment Authorization
Filing Form I-765 – Application for Employment Authorization is necessary for the spouses of H-1B visa holders to obtain a work permit in the United States.
Here are the requirements that you need to fulfil:
1. Your spouse must hold H-1B nonimmigrant status.
2. You must be the spouse of an H-1B visa holder and your H-4 dependent status must be valid.
3. You must not have committed any crimes or violated any immigration laws in the United States.
4. You must file Form I-765, along with the required documents and fees, with the United States Citizenship and Immigration Services (USCIS).
5. You must wait for the USCIS to process your application and receive your employment authorization document (EAD) before you start working.
By fulfilling the above requirements and filing Form I-765, the spouse of an H-1B visa holder can obtain a work permit and legally work in the United States.
Supporting Documentation Required
In order for the spouse of an H-1B visa holder to obtain a work permit, they must provide specific supporting documentation in their application.
Here are the requirements:
1. Proof of spousal relationship: The spouse must provide a marriage certificate to prove their relationship to the H-1B visa holder.
2. Proof of H-1B visa holder’s status: The spouse must provide evidence that the H-1B visa holder is maintaining their status, such as a copy of their approval notice or employment verification.
3. Proof of eligibility for employment: The spouse must provide evidence that they themselves are eligible for employment, such as a degree or relevant work experience.
4. Completed Form I-765: This form is used to apply for a work permit and must be filled out completely and accurately.
5. Filing fee: The spouse must pay the required fee when submitting their application.
Submitting all required documentation can help expedite the work permit approval process for spouses of H-1B visa holders.
Processing Time and Fees
The processing time and fees involved in obtaining a work permit for the spouse of an H-1B visa holder vary depending on individual circumstances and the specific type of work permit being applied for.
Processing time: The processing time for an H-4 EAD (Employment Authorization Document) varies from 2 to 5 months, depending on processing location and current workload.
Fees: The current filing fee for an H-4 EAD application is $410 (not including legal fees if using an immigration lawyer).
Pro tip: It’s important to stay informed about any changes to immigration laws and policies that may impact your ability to obtain a work permit as the spouse of an H-1B visa holder. Work closely with an experienced immigration attorney to ensure you understand the requirements and have the best chance of success in your application.
Renewing the H-4 EAD
Renewing the H-4 EAD (Employment Authorization Document) requires meeting the same eligibility criteria as the initial application process. The H-4 visa allows the spouses of H-1B visa holders to work in the United States if they meet specific requirements.
Here are the requirements for obtaining or renewing an H-4 EAD:
- The primary H-1B visa holder must be in valid status.
- The H-4 visa holder must maintain legal status as a dependent spouse.
- The H-4 visa holder must provide evidence of financial support and proof of identity.
- The H-4 visa holder must not have any criminal convictions or significant immigration violations.
To renew the H-4 EAD, the application should be filed with the United States Citizenship and Immigration Services (USCIS) before the current EAD expires. It is advisable to file for renewal at least 180 days before the current EAD expires.
Pro Tip: To avoid any errors or delays in the application process, consult an experienced immigration attorney to guide you through the renewal process.
When to Apply For a Renewal
To apply for a renewal of a work permit as the spouse of an H-1B visa holder, there is a specific timeframe to follow.
You should apply for a renewal of your work permit no earlier than 6 months prior to the expiration date and no later than the expiration date of your current work permit. Failing to apply for renewal within this timeframe can lead to the termination of your employment and can even lead to deportation.
To ensure that your renewal application is processed quickly and smoothly, you must provide all the necessary documentation and meet the eligibility requirements. This includes proof of your relationship to the H-1B visa holder, proof of your H-4 status, and proof of your eligibility to work in the United States. It is also important to keep your employer updated on the status of your renewal application to avoid any employment disruptions.
Submitting the Renewal Application
Once you’ve completed the necessary forms and gathered the required documentation, it’s time to submit your renewal application for a work permit as the spouse of an H-1B visa holder.
Here are the steps to follow:
- Double-check that you have all the required documents, including your I-765 form, I-94 record, and any supplementary evidence of eligibility.
- Pay the appropriate fee and make sure to include proof of payment.
- Mail your application to the appropriate USCIS address, which can be found on their website.
- You should receive a receipt notice within 2-3 weeks, which will include your case number and estimated processing time.
- Be sure to keep all your documents and correspondence in a safe place for future reference.
Pro tip: It’s always a good idea to keep a copy of your application and all supporting documents for your records in case you need to reference them later. Also, make sure to submit your application well before your current work permit expires to avoid any delays or disruptions in your employment.
The Processing Time For Renewals
To avoid gaps in employment authorization, the spouse of an H-1B visa holder should file their renewal application at least 180 days before their current work permit expires. This allows sufficient processing time for the U.S. Citizenship and Immigration Services (USCIS) to receive, review, and approve the renewal request.
Additionally, the spouse of an H-1B visa holder must continue to meet the eligibility requirements for the work permit, including maintaining H-4 visa status and being in valid marital status with the H-1B visa holder.
It’s also worth noting that the processing time for renewals may vary based on workload, seasonal changes, and unforeseen circumstances, so it’s always essential to apply for renewals well in advance.
Limitations on H-4 EAD Holders
H-4 EAD holders are subject to certain limitations that restrict their ability to work in the U.S.
As a spouse of an H-1B visa holder, you must meet the following requirements to obtain a work permit:
- Your H-1B spouse must have an approved Form I-140, which verifies that they have an employer who is willing to sponsor them for permanent residency.
- You must be maintaining valid H-4 status in the U.S.
- Your H-1B spouse must be maintaining valid H-1B status in the U.S.
If you meet all of these requirements, you may qualify for an H-4 EAD, which will allow you to work in the U.S. However, it’s important to note that H-4 EADs are subject to potential policy changes and revocations, so it’s crucial to stay up-to-date on any developments that may impact your ability to work in the U.S.
Cannot Work For Any Employer
Spouses of H-1B visa holders are eligible to apply for a work permit, known as the H-4 Employment Authorization Document (EAD), but they cannot work for any employer. The H-4 EAD allows spouses to independently seek employment in the US, providing an opportunity for them to pursue their own careers while living in the US with their partners on the H-1B visa.
However, it is important to note that H-4 visa holders cannot work for just any employer. They can only work for employers who have filed for a labour certification (PERM) or an I-140 petition on behalf of their spouse, indicating that they are willing to sponsor their H-4 visa holder spouse for a Green Card in the future.
If the spouse of an H-1B visa holder meets the other eligibility requirements and is approved for an H-4 EAD, they must work for the sponsoring employer until they receive their Green card or switch to another employer who sponsors their Green card.
Dependents Must Maintain Valid H-4 Status
If you are the dependent spouse of an H-1B visa holder and wish to obtain a work permit, you must maintain a valid H-4 status throughout your employment period in the United States.
This means that you must continue to meet the eligibility criteria for H-4 visa status, such as being married to an H-1B visa holder, not engaging in unauthorised employment, and departing the United States if your spouse’s H-1B visa status ends.
In addition, you must submit Form I-765 (Application for Employment Authorization) and supporting documents to the U.S. Citizenship and Immigration Services (USCIS) to obtain a work permit. Meeting these requirements will allow you to legally work in the United States and enjoy the benefits of holding an H-4 visa.
H-4 EAD Does Not LeadTo A Path Of Permanent Residency
The H-4 EAD, a work permit for spouses of H-1B visa holders, does not provide a direct path to permanent residency in the United States. While the H-4 EAD allows for employment authorization, it does not offer a direct route to obtain a green card or permanent residency.
To obtain permanent residency, an H-4 spouse may need to qualify for a green card through alternative means, such as employment sponsorship or family sponsorship. The H-4 EAD is a temporary work permit solution for spouses of H-1B visa holders, providing employment opportunities while the primary visa holder works in the United States.
It is essential to speak with an experienced immigration attorney to explore all available options for obtaining permanent residency in the United States, based on your unique qualifications and circumstances.