1. What is the eligibility criteria for H-4 EAD applicants?

To be eligible for an H-4 EAD, an applicant must be the spouse of an H-1B visa holder who is either the principal beneficiary of an approved I-140 petition or who has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act (AC21). The spouse must have valid H-4 status and must submit Form I-765, Application for Employment Authorization, with the applicable fee and supporting documents.

2. How long does it take to obtain H-4 EAD approval?

The processing time for H-4 EAD applications varies depending on the current backlog and the type of application. Generally speaking, H-4 EAD applications are typically processed within three to six months.

3. What documents are required to apply for H-4 EAD?

To apply for an H-4 EAD, applicants must provide the following documents:

• Form I-765, Application for Employment Authorization
• Copy of the applicant’s passport biographical page
• Copy of the applicant’s Form I-94 Arrival/Departure Record
• Copy of the principal’s (H-1B holder’s) Form I-797 Approval Notice
• Copy of the principal’s (H-1B holder’s) passport biographical page
• Copy of the principal’s (H-1B holder’s) valid Employment Authorization Document (EAD) or permanent resident card (if applicable)
• Proof of marriage (e.g., a copy of the marriage certificate)
• Two identical passport-style photographs taken within 30 days of filing

4. Is there a fee to apply for H-4 EAD?

Yes, there is a fee to apply for an H-4 EAD. The fee is $410.

5. Is it possible to change status from H-4 to H1B while on an H-4 EAD?

Yes, it is possible to change your status from H-4 to H-1B while on an H-4 EAD. In order to do so, you must apply for the H-1B visa and go through the normal application process.

6. What is the procedure for renewing an H-4 EAD?

To renew an H-4 EAD, the foreign national must submit Form I-765, along with a copy of the I-94, passport, and evidence of a valid H-4 status. The foreign national must also submit a filing fee and a copy of the previous EAD. The foreign national must also provide any additional documents requested by USCIS. Once the application is approved, they will receive an EAD card.

7. Are there any restrictions on what types of jobs an H-4 EAD holder can take?

No, there are no restrictions on the types of jobs an H-4 EAD holder can take. H-4 EAD holders may work in any industry and any occupation, as long as their job is not self-employed or a business owner.

8. Are there any requirements for an employer to hire an H-4 EAD holder?

The employer is not required to hire an H-4 EAD holder, but there are certain requirements they must meet in order to hire any foreign worker. This includes obtaining a valid labor certification, filing an I-129 form, and obtaining an approved I-140 form. The employer must also demonstrate that the worker is qualified for the position and that no U.S. workers are available to fill it.

9. Is an Employment Authorization Document (EAD) required to work on an H-4 visa?

Yes, an Employment Authorization Document (EAD) is required to work on an H-4 visa.

10. What are the differences between the USCIS Premium Processing Service and regular processing for H-4 EAD applications?

The primary difference between USCIS Premium Processing Service and regular processing for H-4 EAD applications is the timeline for processing. With the Premium Processing Service, USCIS guarantees to adjudicate an application within 15 days of receipt and provides an online case status update. Without using the Premium Processing Service, USCIS provides no specific timeline for how long it will take to process the application. Additionally, with Premium Processing Service, applicants can contact USCIS directly with case-specific questions. Finally, an additional filing fee of $1,410 must be paid to use the Premium Processing Service.

11. What is the processing time for USCIS Premium Processing for H-4 EAD applications?

The processing time for USCIS Premium Processing for H-4 EAD applications is generally 15 calendar days.

12. Is it possible to expedite the decision on an H-4 EAD application by using USCIS Premium Processing Service?

No, the USCIS Premium Processing Service is not applicable to H-4 EAD applications.

13. Is there a separate fee for USCIS Premium Processing Service for H-4 EAD applications?

Yes, there is a separate fee for USCIS Premium Processing Service for H-4 EAD applications. The fee is $1,440 per H-4 application.

14. What is the procedure for withdrawing an application for H-4 EAD filed using USCIS Premium Processing Service?

The procedure for withdrawing an application for H-4 EAD filed using USCIS Premium Processing Service is as follows:

1. Submit a written request to withdraw the application along with the original receipt number.

2. Include a statement indicating the reason for withdrawing the application.

3. The refund request must be made within 15 days of filing the application.

4. Mail the request to the address provided on the USCIS website.

5. Once your request is received, USCIS will process it and send you a notice of refund within 30 days.

15. Are employers required to inform USCIS if an employee with an H-4 EAD changes job or stops working in the U.S.?

No, employers are not required to inform USCIS if an employee with an H-4 EAD changes job or stops working in the U.S. However, the employee must inform USCIS of any changes in their employment status.

16. Does USCIS Premium Processing Service guarantee an approval decision on an H-4 EAD application?

No, USCIS Premium Processing Service does not guarantee an approval decision on an H-4 EAD application. Premium Processing Service only guarantees that USCIS will issue a decision within 15 calendar days from the date of receipt.

17. Can USCIS Premium Processing be used to expedite other types of U.S. work visa applications, such as H1B, L-1, or O visas?

No, USCIS Premium Processing can only be used to expedite certain types of applications, including H-1B, E-3, TN, and O-1 visas. Applications for L-1 visas are not eligible for Premium Processing.

18. Can I continue to work in the U.S. while my application for USCIS Premium Processing of my H-4 EAD is being processed?

No. You may not work in the U.S. until you receive your approved H-4 EAD.

19. What additional benefits does USCIS offer to applicants who use the Premium Processing Service for their H-4 EAD applications?

USCIS offers the following benefits to applicants who use the Premium Processing Service for their H-4 EAD applications:

1. A 15-calendar-day processing time frame for USCIS to make a decision on the application;

2. An option to check online for the status of their application;

3. An option to contact USCIS’ customer service representatives for additional information if needed;

4. An option to request an expedited decision on their application if one is needed; and

5. An option to request a refund of their premium processing fee in certain circumstances.

20. Does using USCIS Premium Processing Service allow applicants to avoid cases being sent to Request for Evidence (RFE) or Notice of Intent to Deny (NOID)?

No, using USCIS Premium Processing Service does not guarantee that cases will not be sent to Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The service only ensures that applicants receive a decision within 15 calendar days of filing, and does not guarantee a favorable outcome.