The H-4 employment authorization is unique when examining the temporary work visa category. In this blog post, we’re going to examine the H-4 and look at recent news surrounding it.
A closer look at the H-4 visa and Employment Authorization Documents
What is the H-4?
The H-4 is a dependent visa available to dependent spouses and minor children (under 21) of the following visa holders:
- H-1B (workers in a specialty occupation)
- H-2A (temporary or seasonal agricultural workers)
- H-2B (temporary non-agricultural workers)
- H-3 (nonimmigrant trainees, other than medical or academic)
What are the Benefits of the H-4?
H-4 visa holders can enjoy certain benefits that come with holding this visa. For example, they can study at a U.S. school and open a U.S. bank account along with certain H-4 visa holders may obtain a U.S. driver’s license.
Can I work with the H-4?
This answer depends on the situation. H-4 visa holders can work, but they need to meet certain criteria to secure employment authorization. USCIS first started issuing employment authorization to H-4 visa holders in 2015.
In order to work, the H-1B nonimmigrant visa holder must be the principal beneficiary of an approved Form I-140, and he/she has been granted H-1B status, according to U.S. Citizenship and Immigration Services (USCIS).
More so, spouses will need to file a Form I-765, Application for Employment Authorization, and receive their Employment Authorization Document (EAD) before they can start working in the U.S.
H-4 EAD Processing Time
Some spouses on the H-4 are eligible to work in the U.S., as highlighted in the previous section. One common question H-4 visa holders typically have concerns over the H-4 EAD timeline.
Generally, EAD applications are processed within three to five months of when they were submitted. Individuals who would like to start working immediately should start the process as soon as they are able.
Benefits of Working on the H-4 Visa
Once approved for a H-4 EAD and the EAD is received, H-4 visa holders may work for any employer in the U.S.
H-4 Status and EAD Eligibility Under Scrutiny
The H-4 EAD has been in the news quite a bit since 2017, and spouses and employers are keeping a close eye on proposed changes.
In early Feb. 2019, the Department of Homeland Security (DHS) submitted a proposed rule to the Office of Management and Budget (OMB) to remove “H-4 dependent spouses from the class of aliens eligible for employment authorization.”
That H-4 EAD Recission proposal is still under review with the OMB. As of publication, there is no impact to H-4 visa holders holding or seeking to apply for EAD cards.
USCIS will continue to accept and adjudicate initial EAD applications and extensions filed by eligible H-4 dependents under the current rule unless and until a rescission regulation is finalized.
H-4 Visa Impact on U.S. Economy
Immigrants have long contributed to the U.S. economy, and the same applies to individuals who have secured a H-4 EAD. There could potentially be negative impacts on the U.S. economy and workforce by revoking the H-4 work authorization, according to a study sponsored by The Jack Kemp Foundation.
To learn more about the H-4 visa, watch our on-demand webinar with Global Immigration Associates.
Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is the Managing Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.