Circumstances Leading to the Loss of H-4 EAD After Approval

The H-4 Employment Authorization Document (EAD) allows certain H-4 visa holders, who are the spouses or dependent children of H-1B visa holders, to work in the United States. However, there are specific circumstances that may lead to the loss of your H-4 EAD, even after it has been approved. It is crucial to understand these potential scenarios to avoid any unauthorized work and subsequent legal issues.

Circumstances Resulting in H-4 EAD Loss

1. Loss of H-4 Visa Status

Your H-4 EAD would become invalid if your H-4 visa status is revoked, denied, or not extended. This can happen if the primary H-1B visa holder loses their status due to job loss, visa expiration, or denial of an extension. Ensuring that your spouse or parent maintains their H-1B status is essential for the validity of your EAD.

2. EAD Expiration

Your EAD card has a validity period, typically one year from the date of issuance. Once this period expires, you are no longer legally authorized to work in the U.S. Unless you have a renewed or approved EAD, you will be in violation of U.S. immigration laws. Delays in renewing your EAD or failing to apply on time can result in a lapse of your work authorization.

3. Revocation of the H-4 EAD Program

In the unlikely event that the U.S. government repeals the H-4 EAD program, you may lose your work authorization. Under such circumstances, your EAD may only be valid until the expiration of your existing EAD, pending further implementation of the rule.

4. Change of Status

If you transition to another visa category, such as switching to an H-1B or F-1 status, your H-4 status automatically becomes invalid, rendering your EAD void. It is essential to apply for a new EAD if you plan to change your visa status.

5. Misuse or Violation of EAD Terms

Working outside the approved validity dates or engaging in unauthorized work unrelated to your authorized employment would result in the termination of your work authorization. Employers are also required to verify the validity of the EAD before hiring H-4 visa holders to prevent unauthorized work.

6. Fraud or Misrepresentation

Your EAD may be revoked if it was obtained through fraud or misrepresentation. Providing false information during the application process or engaging in any form of deceit during the verification process can lead to the forfeiture of your EAD. It is crucial to maintain honesty and transparency throughout the application process.

Conclusion: To maintain your H-4 EAD, it is imperative to comply with immigration regulations and ensure that the primary H-1B holder maintains their status. Regularly reviewing and renewing your EAD, as well as avoiding any unauthorized work, can help prevent potential legal issues and maintain your work authorization status in the United States.