The following documents are required to submit an application for H4 visa EAD:
- Fee Payment
There is no online payment. Please make cashier’s checks payable to “US Department of Homeland Security”. - Form I-765, Application For Employment Authorization
Choose eligibility category as (c) (26) while filling the form.
Sample Form I-765 - A copy of Form I-94, non immigrant arrival/departure record (front and back, if applicable).
- A copy of your last EAD (front and back), if available
If you have never been issued an EAD earlier, a copy of government issued identity document such as:- Passport showing your picture, name, and date of birth
- A birth certificate with photo ID
- A visa issued by a foreign consulate
- A national ID document with photo and/or fingerprint.
- Passport showing your picture, name, and date of birth
- 2 identical photographs
Print your I-94 number on the back of the photos using pencil - E-Notification: If you want to receive an e-mail and/or a text message that your Form I-765 has been accepted at a USCIS Lock box facility, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application.
- Proof of Legal Status:
Submit either of the following documents:- Form I-94 that shows your admission in H-4 visa category
- Form I-797 (Approval notice) for Form I-539 (extension of stay) under H-4 visa category
- Form I-94 that shows your admission in H-4 visa category
- Proof of Relationship to the Principal H-1B:
A copy of marriage certificate. - Work Authorization Basis:
Submit the copies of appropriate documents based on the eligibility criteria:- Approved Form I-140:
A copy of H-1B spouse’s Form I-797 approval notice for Form I-140. - H-1B beyond 6 years under AC 21 106(a) and (b):
Copies of H-1B spouse’s passports, prior Forms I-94, and current & prior Forms I-797 for Form I-129 (Petition for Non Immigrant workers), which are really H-1B status approval notices.
Additionally:- Based on Filing of a Permanent Labor Certification Application:
A copy of the printout from the Department of Labor’s (DOL) web site or other correspondence from DOL that shows that H-1B spouse’s permanent labor certification was filed at least 365 days prior to the expiration of the 6-year limitation of stay on H-1B status.
If Permanent Labor Certification was certified, submit a copy of Form I-797, Notice of Receipt for Form I-140 showing that the Form I-140 was filed within 180 days of Permanent Labor certification. - Based on a Pending Form I-140:
If the H-1B spouse’s green card application does not require Permanent Labor Certification with DOL (such as EB-1 category or certain EB-2 categories), submit a copy of the Form I-797 Notice of Receipt for Form I-140 showing that it was filed at least 365 days prior to the expiration of the 6-year limitation of stay, and it still remains pending.
- Based on Filing of a Permanent Labor Certification Application:
- Approved Form I-140:
If you don’t have the evidence listed in proof of legal status, proof of relationship or work authorization basis, you may submit a secondary evidence. E.g. For work authorization basis, you can submit H-1B spouse’s most recent Form I-129, extension of stay, or the receipt number of the approved Form I-140 petition.
