2021 H4 EAD RULE: Biden Administration
Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. Eligible H4 visa holders may apply for H4 visa EAD if they want to work or start business in the US.
Effective May 26, 2015, the H4 EAD rule was implemented with the intention of retaining highly skilled foreign workers and decreasing the interruption to US businesses that results from H1B workers choosing not to stay in the US. The Department of Homeland Security (DHS) expects this new rule to reduce economic burdens and personal stresses among H1B nonimmigrants and their families while transitioning to lawful permanent resident status.
Eligibility for H4 Visa EAD:
1. The principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
2. Has been granted H1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H1B status.