Live Chat
During This Challenging Time

We are open for business and remain dedicated to your case! All those working on-site and remotely are still available to answer your questions. The well-being of our clients and staff are vital, so we will provide updates as the situation progresses.

During This Challenging Time Close

Employment Authorization for Certain H-4 Dependent Spouses

March 6, 2016

In rule changes implemented last year, the U.S. government now permits certain H-4 dependent spouses to obtain employment authorization in the United States. The spouses of two categories of H-1B beneficiaries are covered by this change:

  1. Those H-1B spouses who are the principal beneficiary of an approved Form I-140 filed by their employer; or
  2. Those H-1B spouses that have been granted H-1B status or an extension of stay in H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)

To be eligible for an EAD, eligible H-4 dependent spouses must submit the following information:

  1. Evidence of H-4 status – usually through a copy of Form I-94 or Form I-797 if there was a previously filed application to change nonimmigrant status
  2. Photo identification – a copy of your last EAD if you were issued one or a copy of the biometric page of your passport
  3. Relationship to the H-1B beneficiary – a copy of your marriage certificate
  4. Evidence that the H-1B beneficiary falls into one of the two categories outlined above –
    1. A copy of the H-1B holder’s approval notice for Form I-140; or
    2. Evidence establishing a basis for an extension of stay under the applicable provisions of AC21:
      1. A copy of the H-1B holder’s passport, prior I-94s, and current and prior I-797s for Form I-129 (Petition for a Nonimmigrant Worker) and
        1. Evidence that the H-1B holder is the beneficiary of a labor certification application that was filed at least 365 days prior to the expiration of the 6-year period of stay in H-1B status; OR
        2. If appropriate, evidence that the H-1B holder’s Form I-140 was filed at least 365 days prior to the expiration of the 6-year period of stay in H-1B status.

Please contact us for an initial consultation to take advantage of this recent change in immigration law.


Use the form below to send us a note, call us at 214.890.0711 or chat with us live. We are eager to help with your legal needs. Please keep in mind that any unsolicited information sent through our website cannot be treated as confidential. Contacting us through this site does not create a representation relationship with Fears Nachawati.

Contact Us


With offices across Texas, and attorneys licensed in Texas, Florida, Arkansas, New Mexico, California, Illinois, District of Columbia, Missouri and Oklahoma, Fears Nachawati is dedicated to attaining the best possible solutions for our clients’ business and personal needs. We strive to be professionals who are creative, empathetic and reliable.

All Areas Served

We Can Help

Contact Fears Nachawati today

Free Consultation

Live Chat (Online Now)