Spouses of H-1B Visa Holders Might Be Ineligible For a Work Permit

The proposal aims to amend the rule published on February 25, 2015 that granted certain H-4 visa holders the right to apply for an Employment Authorization Document. An Employment Authorization Document, also known as an EAD card, is essentially a work permit for non U.S. Citizens or green card holders.

H-4 visas are given to the dependents of H-1B visa holders, namely the spouses and unmarried children under 21 years old. During Obama’s administration, H-4 visa holders whose spouses were in the process of applying for permanent resident status, were granted the possibility to apply for an EAD card. 

In February, 2018, the USCIS attempted to revert this rule but did not succeed as a thorough analysis of the economic impact was needed. This same rule was published again to the Federal Register last fall and it is scheduled for review in March, 2020. Don’t let your Form I-765 Employment Authorization Document application linger, prepare and complete today!

If the USCIS proposal is approved, H-4 visa holders, will no longer be eligible to apply for a I-765 Employment Authorization Document. This would deny this visa category the opportunity to work during their stay in the United States.