UNDERSTANDING H4-EAD: ELIGIBILTY AND THE APPLICATION PROCESS

INTRODUCTION

The spouse of an H1B visa holder can work legally for any job of their choice in the US when granted work authorization known as an Employment Authorization Document (EAD). This program grants job opportunities to H4 visa holders who can contribute to household income, develop their career, be innovative and entrepreneurial. This article will provide an overview of the H4 eligibility criterion, application process and the challenges that can be faced during the H4 EAD journey.

ELIGIBILTY CRITERIA

Having an H4 visa does not automatically make you eligible for employment. To be able to secure a job you need an EAD which will allow you to work legally. You should meet these specific eligibility criterions:

1) A valid H4 visa status.

The prospect H4 EAD applicant should have a valid H4 Visa status.

2) One should be physically present in the US.

3) H1B Visa holder’s status.

The individual should be married to an H1B visa who has an approved Form I-140 OR an H1B visa extension beyond the standard six-year limit due to delays in the green card process.

4) The individual should submit an EAD Application (Form I-765) with supporting documents like marriage certificate, H4 status, spouse’s H1B visa status (etc)

APPLICATION PROCESS

You should correctly fill the application form and submit it with the supporting documents accompanied with a filing fee. The filing fee tends to change over time so it is important to look it up on the USCIS website to ensure you are paying for the stipulated fee. Also, take note of the mailing address where you need to submit the form I-765 as it depends with certain circumstances, therefore if you are unsure of the mailing address you can look it up on the USCIS website for an accurate address. The processing time tends to vary, from 3 to 6 months and in some cases, it can be up to 12 months due to different factors like service centre handling and applicant’s specific circumstances. You should always do a follow up, by checking the status of your process and also if delays are rather than usual you can inquire through USCIS website.

AFTER APPROVAL

Once approved, the USCIS will notify you with a notice of approval (Form I-797) which indicates that you are approved for an EAD. Within a week or two, they will mail the EAD to the physical address which was on your application form and once received, it is important to always keep the card safe. You can now start looking for employment opportunities from companies who are openly hiring H4 visa holders and are aware of the H4 EAD immigration policy. H4 visa holders can work for any job of their choice and are not restricted like other visas.

COMMON CHALLENGES YOU CAN FACE DURING THE H4 EAD JOURNEY:

Embarking on the H4 EAD journey, is not always smooth as it comes with obstacles. You should be aware and prepared to face any of the challenges along the way. These may include the following:

1. Application Delays and Processing Times

This challenge is quite common, when the processing time take longer than expected. This is due to many factors which may include the service centre handling your application and also the status of your application. With this challenge being common, it can lead to months of staying at home waiting upon approval and rather leading to unemployment of the H4 visa holder.

2. Complex Documentation Requirements

The application process will require additional supporting documents when submitting the application form (Form I-765), so if you submit missing or incorrect documents this will lead to a delay or a denial.

3. Impact of Changes in Immigration Policy

Different administrations which come and go, tend to change the immigration policy of the EAD program. These changes lead to uncertainty for H4 visa holders with others eliminating, restricting and bringing the program back.

4. Balancing Work and Family Life

Juggling family and the process of looking for a job can be really demanding. The pressure tends to worsen when one secures a job and you are supposed to find balance with the new lifestyle in place.

5. Renewal and Expiration Issues

In as much as you would have secured work authorization, it is important to take note of the H4 EAD expiry date. H4 EAD is valid for a certain period of time and you need to ensure that you renew it way before the expiry date because these renewals may face delays.

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CONCLUSION

Spouses of H1B visa holders are granted work authorization to work legally in the US. This has become a great advantage as they can seek employment and support their households leading to dual income. An H4 visa holder should have an in-depth understanding of the H4 EAD eligibility criteria, application process, approval of H4 EAD and the challenges that one may face during the process. Visit UNITED OPT website to stay up to date with H4 visa immigration policies and for any assistance in job search services.

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