H-4 EAD India: spouse work permit
US federal rules as of 30 October 2026. Sources re-checked against official pages on 30 October 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
For families from India, H-4 is the status for the spouse and unmarried children under 21 of an H-1B worker. Certain H-4 spouses can apply for a work permit (an EAD, or work authorisation), generally those whose H-1B spouse has an approved I-140 or has been extended beyond six years under AC21 sections 106(a) and (b).
USCIS lists exactly these two bases (USCIS, employment authorization for certain H-4 dependent spouses, checked 2026-10-30). The H-4 category is (c)(26) in the regulations; check the Form I-765 instructions for the filing rules.
Who can apply?
Check the USCIS page on employment authorisation for certain H-4 dependent spouses. Children cannot work in H-4.
How do I apply?
File Form I-765 with evidence of the marriage and your spouse's H-1B and I-140 status. Check the current evidence list on the USCIS page and the fee on the USCIS fee schedule; LiveRec states no amount.
How long does it take?
See USCIS processing times. We quote none.
Does an EAD stay valid if my spouse's H-1B is extended?
Automatic extensions of an EAD depend on the category and filing date. Read the current USCIS rules on automatic EAD extensions and ask your attorney; LiveRec states no number of days.
What evidence does USCIS list?
| Evidence of | Can be shown by (USCIS) |
|---|---|
| Your H-4 status | A copy of your current Form I-797 approval notice for Form I-539, or your Form I-94 showing H-4 admission or most recent approved extension |
| Identity | A government-issued photo ID, such as the passport biometric page, a birth certificate with photo ID, or a national identity document with photo |
| Relationship to the H-1B worker | A copy of your marriage certificate |
| Your basis for eligibility | The I-797 approval notice for the I-140 filed for the H-1B worker; or evidence of an AC21 106(a)/(b) extension |
| Photos | Two identical two-by-two-inch passport-style color photographs |
| Translations | A full English translation certified as complete and accurate, if any document is in another language |
For an AC21 extension, USCIS lists evidence that a permanent labor certification was filed at least 365 days before the extension period begins, or that an I-140 was filed at least 365 days before then, shown by the DOL status printout or the I-797 receipt notice. USCIS says you may offer secondary evidence, such as the receipt number of the latest Form I-129 extension or the approved I-140, if you do not hold the primary documents.
Which category do I choose on Form I-765?
USCIS says that if you file Form I-765 together with Form I-485 you must specify category (c)(9), not (c)(26), and pay the I-485 fee, and follow the Form I-485 filing instructions. If you file them together at the (c)(26) address, USCIS says it will reject your Form I-485 and fees. Use the newest version of the form.
Step by step
- Confirm your spouse is the principal beneficiary of an approved I-140, or has an AC21 106(a)/(b) H-1B grant.
- Collect the evidence in the table.
- Complete the latest Form I-765 with its instructions, and the proper fee and signature. USCIS rejects forms without them.
- File at the address on the USCIS Direct Filing Addresses page for Form I-765.
- Do not work until you hold the Employment Authorization Document (EAD, Form I-766).
Common mistakes
- Filing before your spouse has an approved I-140 or an AC21 grant.
- Combining the I-765 and I-485 fees on one check or filing both at the (c)(26) address.
- Using an old version of the form.
- Starting work when the receipt arrives. USCIS says you must receive the EAD first.
FAQ
Can I work while the EAD is pending? Not unless USCIS says so.
Does H-4 EAD give a green card? No.
Do my children get work permits? No. Children cannot work in H-4, and USCIS describes the permit only for certain H-4 spouses.
Can I use my H-1B spouse's I-140 if we change employers? It depends on whether the I-140 remains approved. Ask an attorney.
Where do I file? USCIS says a standalone Form I-765 from someone currently in H-4 status goes to the lockbox address on its Direct Filing Addresses for Form I-765 page.
Next step: H-1B from India.
Sources
- USCIS, employment authorization for certain H-4 dependent spouses, https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/employment-authorization-for-certain-h-4-dependent-spouses, accessed 31 October 2026
- USCIS, Check Case Processing Times, https://egov.uscis.gov/processing-times, live official page, linked for readers; link checked 2026-10-30, page blocks automated reads so no figure is copied from it
- USCIS, filing fees, https://www.uscis.gov/forms/filing-fees, checked 2026-10-30
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.