Applying for an H4 EAD After an I-140 Approval: A Comprehensive Guide

Many individuals who are spouses of H-1B visa holders and wish to immigrate to the USA or work legally are often unsure about the process of obtaining an H4 Employment Authorization Document (EAD) following the approval of an I-140 petition. This comprehensive guide will help you understand the timeline, requirements, and steps involved in applying for an H4 EAD after an I-140 approval.

Understanding the H-4 Visa and EAD

The H-4 visa is a derivative visa for the spouse of an H-1B visa holder. Once an H-1B visa holder's immigrant visa petition (Form I-140) is approved, their spouse becomes eligible to apply for an H4 EAD, which allows them to work legally in the United States. Unlike the H-1B visa, which has a renewable two-year period, there is no waiting time minimum duration after the approval of the I-140 before an H-4 visa holder can apply for an H4 EAD.

Timeline and Requirements for Applying for an H4 EAD After an I-140 Approval

After the I-140 petition is approved, the H-4 visa holder can begin the process of applying for an H4 EAD. It is important to note that the approval of the I-140 does not automatically grant the right to apply for an EAD. The H-4 EAD application process requires additional steps, and the individual must still file the appropriate form (Form I-765) with supporting documentation. Let's break down the key timeline and steps involved:

Step 1: Verify I-140 Approval

Ensure that the H-1B holder has received a Notice of Action (NOA) indicating approval of the I-140 petition. This step is crucial as it confirms eligibility to apply for an H4 EAD.

Step 2: Prepare the I-765 Form

Collect all necessary documentation required for the I-765 form, including:

Notice of Action (NOA) from the USCIS indicating the I-140 approval Pay the required filing fee Faithful copy of Form I-140, Evidence of Premium Processing filing (if applicable) A properly completed I-765 form, which must include the I-765 filing fee, a passport-style photograph, and a circle depicting where you work

Visit the USCIS website for the most up-to-date form and fee information.

Step 3: Submit the I-765 Application

Once the I-765 form is completed, it can be filed in one of the following ways:

In-person at a USCIS Application Support Center (ASC) By mail to the appropriate USCISService Center Online through the e-filing portal on the USCIS website

Keep a copy of all submitted documents for your records. The processing time for an H4 EAD can vary, but on average, it takes around 60 days for processing.

Key Points to Consider

While the timeline for obtaining an H4 EAD after an I-140 approval is favorable, it is essential to be aware of some key points:

Spouse's Employment Status

The spouse of the H-1B holder (the primary applicant) must maintain compliant status to avoid any complications with their EAD application. This means they must not remain in the U.S. for more than 6 months without a valid visa or status.

Electronic Employment Eligibility Verification (E-Verify)

E-Verify, a free online system that employers use to verify the eligibility of their employees to work in the United States, is mandatory for all employers. Once the H4 EAD is issued, the employer will need to use E-Verify to verify the employment eligibility of the employee.

Conclusion

Obtaining an H4 EAD after an I-140 approval provides significant benefits, including the ability to legally work and access social security numbers. The process is straightforward, but it is important to ensure all documentation is accurate and up-to-date. By following the guidelines outlined in this article, spouses of H-1B visa holders can navigate the application process with confidence. Remember, compliance is key at every step of the process, and seeking legal advice from an immigration attorney can be invaluable.