H4 Visa Ead: Law Or Limbo?

The H4 visa is a type of visa issued by U.S. Citizenship and Immigration Services (USCIS) to spouses and unmarried children (under the age of 21) of certain nonimmigrant workers, including H-1B, H-1C, H-2A, H-2B, and H-3 visa holders. The H-4 Employment Authorization Document (EAD) allows eligible H4 visa holders to work in the U.S. while their family members go through the lengthy green card process.

The H4 EAD has been a lifeline for thousands of H1B spouses, allowing them to work and support their families. It is particularly beneficial for highly skilled workers in the EB-2 and EB-3 categories, helping them navigate the lengthy green card process.

However, the H4 EAD program has faced opposition and attempts at elimination, particularly during the Trump administration, which cited job competition as a reason for rescinding the program. The Biden-Harris administration, on the other hand, has expressed support for the program, recognizing its contribution to the U.S. economy and the retention of skilled workers.

As of now, there is no definitive answer to when or if the H4 visa EAD will become a law. The future of the program depends on political leadership and policy priorities. In the meantime, H4 EAD holders and applicants can take proactive steps, such as early renewal of their EAD and exploring alternative work visa options, to minimize potential risks and disruptions to their work authorization.

H4 visa holders can work, study, and apply for lawful permanent residence in the US

H4 visa holders are the spouses and unmarried children (under 21) of certain work visa holders. H4 visa holders are eligible to study in the US and can apply for employment authorization, allowing them to work for any US employer.

To obtain an H4 visa, applicants must meet certain eligibility requirements. These include being the spouse or unmarried child of an H-1B, H-1C, H-2A, H-2B, or H-3 visa holder. Applicants must also demonstrate valid primary work visa status, financial support from the primary visa holder, and a clean criminal record.

To obtain an Employment Authorization Document (EAD) and work in the US, H4 visa holders must complete Form I-765. The H4 EAD allows spouses of H-1B visa holders to obtain work authorization in the US. To be eligible, the H1B visa holder must have an approved I-140 or be eligible for H-1B status beyond the standard six-year limit.

The H4 EAD application process typically takes 6-8 months. Applicants must submit proof of their spouse's H-1B status, their H4 visa documents, proof of their relationship, personal identification, and passport-sized photos. The H4 EAD is valid for up to two years, matching the validity period of the spouse's H-1B visa.

In addition to working and studying in the US, H4 visa holders can also apply for lawful permanent residence (green cards). The H4 visa has dual intent, allowing holders to pursue permanent resident status without impacting their visa. To obtain a green card, H4 visa holders can have their H-1B spouse sponsor them or apply through an employer or self-petition. The process for obtaining a green card typically involves filing a petition, waiting for approval, ensuring that the priority date is current, and finally, adjusting status by filing an I-485 application.

Overall, the H4 visa provides spouses and dependent children of certain work visa holders with the opportunity to live, study, and work in the US, as well as pursue lawful permanent residence.

H4 visa holders are the spouses and unmarried children of H1B visa holders

H4 visa holders are eligible to study in the US and can apply for employment authorisation, although there are some restrictions. For example, H4 visa holders are not allowed to work in the US unless they receive employment authorisation from the US Citizenship and Immigration Services (USCIS).

To be eligible for an H4 visa, the individual must be the spouse or unmarried child of an H1B, H1C, H2A, H2B or H3 visa holder. The primary visa holder must be in a valid and lawful status, and they must demonstrate that they can financially support their H4 dependent.

The H4 Employment Authorisation Document (EAD) allows the spouses of qualifying H1B visa holders to get employment authorisation in the US. To be eligible, the H1B visa holder must have either an approved I-140 or be eligible for H1B status beyond the standard six-year limit. The H4 visa holder must be in valid H4 status and currently in the US. The H4 EAD application process takes 6-8 months from submission to receiving the Employment Authorisation card.

The H4 EAD allows spouses to find jobs, start businesses, or build their careers, giving them the opportunity to contribute to their family's income and pursue their professional goals. It also makes it more appealing for skilled H1B professionals to stay in the US long-term.

The H4 EAD program remains valid, and eligible H4 visa holders can continue to apply for or renew their EADs without interruptions. The current regulations allow these individuals to extend their work authorisation for a maximum period of up to 540 days, providing greater job security and flexibility for H4 spouses seeking employment.

H4 visa holders must apply for an Employment Authorization Document (EAD) to work in the US

The H4 visa is a type of visa issued by U.S. Citizenship and Immigration Services (USCIS) to spouses and unmarried children (under the age of 21) of certain nonimmigrant workers, including H-1B, H-1C, H-2A, H-2B, and H-3 visa holders. H4 visa holders are not allowed to work in the United States unless they receive employment authorization from USCIS.

To receive employment authorization, H4 visa holders must apply for an Employment Authorization Document (EAD) by filing Form I-765, the Application for Employment Authorization. This form can be found on the USCIS website. The current processing time for Form I-765 is between 2 and 3 months, and the H4 EAD application process can take between 6 and 8 months from submission to receiving the Employment Authorization card. The H4 EAD allows spouses of H-1B visa holders to get work authorization in the U.S. and find a job, start a business, or simply find employment.

To be eligible for the H4 EAD, the H1B visa holder must meet one of the following conditions:

• Have an approved I-140, Immigrant Petition for Alien Worker form, which is a step in the green card process.
• Be eligible for H-1B status beyond the standard six-year limit due to certain conditions being met in the green card process.

In addition, the spouse must be in valid H4 visa status and currently residing in the U.S. when applying for the EAD. The H4 EAD is not available to children on H4 visas.

Once the Form I-765 has been approved, the H4 dependent spouse will receive a Form I-766, Employment Authorization Document (EAD), and may begin working in the U.S. The EAD is valid for any kind of full-time or part-time employment for the period of time stated on the form. The EAD is considered an open work permit and is not tied to any particular employer or position.

To maintain their legal work status, H4 visa holders must extend their EAD before it expires. The extension process involves filling out Form I-765 and submitting updated documents showing that the eligibility requirements are still met. USCIS will review the application, and if approved, will send a new EAD card.

The H4 EAD program has faced opposition and legal challenges

In 2015, 'Save Jobs USA', an organisation of US-born tech workers, filed a lawsuit against the Department of Homeland Security (DHS), challenging the validity of the H4 EAD regulation. They argued that DHS did not have the authority to issue work permits to H4 visa holders and that doing so created unfair competition for American workers. This lawsuit was dismissed in March 2023, with the court finding that DHS did have the authority to create the H4 EAD program.

Despite this dismissal, there are still ongoing legal challenges to the H4 EAD rule, with various lawsuits claiming it impacts job availability for American workers. The Trump administration also attempted to eliminate the program during its first term, and it is likely that, upon his return to office in 2025, Trump will try again to make significant changes to the program or eliminate it altogether.

The H4 EAD program has tremendous untapped potential to address labour shortages and drive economic growth, but current US policies limit work eligibility for H4 spouses much more than countries like Canada. Expanding work authorisation for all H4 visa holders would bring huge benefits to the US economy, workforce and innovation ecosystem.

The Biden administration has supported the H4 EAD program

The Biden administration's decision to maintain the program has brought relief to families who rely on dual incomes, especially in high-cost areas. It also allows skilled spouses to work in sectors with labour shortages and eases economic disruption in immigrant communities. Furthermore, it helps retain highly skilled H1B workers and prevents families from leaving the US.

The H4 EAD program was introduced in 2015 by the Obama administration to address the decades-long green card backlog. The program has been beneficial in this aspect, as people don't have to wait for extended periods to work in the US.

In addition to withdrawing the proposal to revoke the H4 EAD program, the Biden administration has also introduced other favourable changes. For example, the H4 visa EAD removal rule has been withdrawn, meaning that spouses of H1B visa holders will be able to work in the US again. This decision reverses the Trump administration's plan to revoke the regulations allowing certain spouses of H1B visa holders to work in the country.

Moreover, the Biden administration has introduced a new immigration bill that includes a pathway to citizenship for 11 million undocumented immigrants and aims to reduce waiting times for families outside the US. The bill also promises to increase the number of work visas and deal with migration problems at the southern border.

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