In 2015, Kriti moved to the U.S. after marrying her husband, an H-1B visa holder. Back in Bengaluru, she was a successful software engineer. The H-4 EAD rule gave her hope: she could continue her career and live independently in her new home. But everything changed in 2018. The Trump administration proposed rescinding the H-4 EAD rule. "My entire life is revolving around this," Kriti said, describing the emotional toll the uncertainty had on her. "If I’m watching the news, I’m just waiting for something on H-4 EAD. If I’m searching online, it’s about H-4 EAD."
For Kriti — and thousands of women like her — this wasn’t just about paperwork. It was about identity, ambition, and freedom. She was afraid to buy a home, plan a career, or even think about starting a family. And like many H-4 spouses, especially Indian women, she held an advanced degree and a successful career before moving to the U.S.
Now, with the return of the Trump administration, uncertainty has resurfaced — not only for H-1B holders, but especially for H-4 spouses who depend on work authorization to maintain their professional identity and financial stability. What does this mean for the future of H-4 EAD? Let’s explore how the program came to be, how it works, what threats it may face, and what alternative options are available if the path to employment becomes blocked once again.
1. A Brief History of H-4 EAD
The H-4 visa is a dependent visa for spouses of H-1B holders. For years, H-4 visa holders — most of them women — could live in the U.S. but were not permitted to work.
This changed in May 2015, when the Obama administration introduced the H-4 EAD rule, allowing certain H-4 spouses to obtain work authorization if their H-1B spouse had an approved I-140 or extended status beyond 6 years under AC21.
From 2015 to 2017, more than 104,000 H-4 EADs were approved, helping thousands of families stabilize financially and professionally.
2. Will the Trump Administration Endanger H-4 EAD Again?
Although the Biden administration has continued supporting the H-4 EAD, the political winds may be shifting again. With the return of a Trump administration in 2025, the future of H-4 EAD may once again hang in the balance.
During Trump’s first term, there was a consistent effort to repeal the H-4 EAD rule, citing the “Buy American, Hire American” executive order. In 2018, the Department of Homeland Security began steps to revoke the rule, leaving thousands of H-4 spouses — like Kriti — in a state of fear and limbo.
The Trump administration also targeted the H-1B program with higher denial rates. In FY 2018 and FY 2019, H-1B petition denial rates exceeded 24%, compared to just 6% in FY 2015. As H-4 EAD is directly tied to the H-1B pipeline, future changes to H-1B could indirectly undermine H-4 work eligibility.
Given these indicators, H-4 EAD may once again become a policy target. Even if the rule survives, backlogs, bureaucratic delays, or eligibility tightening could still create disruption.
3. Useful Tips for Applying for H-4 EAD
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Apply Early: You can apply up to 180 days before your current EAD expires.
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File with Premium Processing (if applicable): If you're filing alongside H-1B/H-4 extensions, consider premium processing to speed up adjudication.
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Double-check Documentation:
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Approved I-140 or H-1B extension under AC21
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Valid H-4 approval and I-94
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Marriage certificate and identity documents
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Track Your Case: Use USCIS online tools and consider setting up email/text notifications.
4. How to Apply for H-4 EAD for Dummies
If you’re new to the H-4 EAD process and planning to apply on your own without hiring an immigration lawyer, here’s a simplified step-by-step guide to help you get started.
Step-by-Step Process:
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Complete Form I-765 (Application for Employment Authorization)
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Gather Supporting Documents:
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Copy of your current H-4 visa approval (Form I-797)
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Copy of your passport ID page and visa stamp
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Copy of your I-94 record
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Copy of H-1B spouse’s I-140 approval notice or proof of extended H-1B beyond 6 years
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Marriage certificate (with certified English translation if needed)
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Passport Photos
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2 U.S.-style passport photos (taken within the last 30 days)
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Filing Fee
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Current fee: $520 (as of April 2024 fee update)
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Payable by check, money order, or credit card (Form G-1450)
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Mail to Correct USCIS Lockbox
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Based on your state of residence — check the USCIS direct filing addresses
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Track Your Case
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You’ll receive a receipt notice and can track your case on the USCIS Case Status site
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5. How Long Does It Take to Get H-4 EAD?
Processing times vary based on volume and service center, but the average wait is:
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4 to 10 months for standalone H-4 EAD applications
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2 to 6 months if filed concurrently with H-4 and H-1B (Form I-539 and I-129)
Tip: Filing concurrently with H-1B renewal may delay your EAD approval unless premium processing is used.
6. Can You Renew the H-4 EAD?
Yes — you can file a renewal application (Form I-765) up to 180 days before your current EAD expires.
Thanks to a USCIS automatic extension policy, if you apply before your current EAD expires, you may receive up to a 540-day automatic extension (if your category is eligible).
7. Common H-4 EAD Challenges
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Delays in H-1B or H-4 approval can delay EAD issuance
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EAD must be valid to work — no grace period after it expires
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No premium processing for standalone H-4 EADs (as of now)
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Risk of losing work authorization if H-1B spouse changes employers and I-140 is withdrawn
8. Day 1 CPT as a Backup Plan
When facing the above challenges, you might want to consider some backup plans. Day 1 CPT is a legal alternative that allows you to continue working in the U.S. while enrolled in a qualifying academic program.
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When Day 1 CPT Makes Sense:
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Your H-4 EAD is pending, but your job cannot wait.
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You're not eligible for EAD because your spouse hasn’t received I-140 approval.
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You're at risk of losing your job due to visa delays or uncertainty.
Day 1 CPT programs typically require tuition payments, so they are most worthwhile when the job you're protecting offers a stable income or career growth.
H-4 EAD vs. Day 1 CPT: Pros and Cons
| Feature | H-4 EAD | Day 1 CPT |
| Work Flexibility | ✔️Any employer, industry, or job type, ✔️can also be self-employed ✔️can work for multiple emplyers simultaneously ✔️can take unpaid internships or volunteer roles |
🔺Limited to positions aligned with coursework ✔️can also be self-employed ✔️can work for multiple emplyers simultaneously ✔️can take unpaid internships or volunteer roles |
| Cost | $520 application fee | Varies by school; tuition required |
| Eligibility | Requires I-140 or 7th year H-1B status | Requires enrollment in CPT-eligible school |
| Processing Time | 4–10 months | Depends on school admission timeline, usually from application to CPT application takes 3 weeks if qualified |
| Policy Stability | Subject to political changes; highly depended on H1B | School-dependent but independent of H-1B |
9. FAQs About H-4 EAD
Can I work while my EAD is pending?
No - you must wait until you receive your physical EAD card and the official start date listed on it. Working without the approved document, even with a receipt notice, is considered unauthorized employment and could jeopardize your immigration status.
Can I apply for H-4 EAD outside the U.S.?
No - you must be physically present in the United States and in valid H-4 status at the time of filing. The EAD application is processed through USCIS, which requires applicants to be in the U.S. to ensure proper status verification and biometrics, if needed.
Does my H-1B spouse need to maintain status?
Yes - your H-4 EAD is entirely dependent on your spouse’s valid H-1B status. If your spouse changes jobs, loses their status, or their visa is revoked, your H-4 status and work authorization may be affected or terminated.
Is there a cap or limit on H-4 EADs like the H-1B lottery?
No - the H-4 EAD program does not have an annual cap or lottery system. As long as you meet the eligibility criteria, you can apply at any time during the year.
Can I change employers on H-4 EAD?
Yes - unlike the H-1B visa, the H-4 EAD is not tied to a specific employer. You can change jobs, be self-employed, freelance, or even start your own business.
Does the H-4 EAD come with travel permission?
No - the EAD card does not serve as a travel document. If you plan to travel internationally, you still need a valid H-4 visa stamp in your passport and your spouse must maintain valid H-1B status.
What happens if my H-4 EAD expires?
You must stop working the day your EAD expires unless you have a timely filed renewal and qualify for automatic extension. Always apply for renewal at least 180 days before expiration.
Can I work remotely for a non-U.S. company while on H-4 without EAD?
No - working from the U.S. for any employer (even a foreign one) without proper work authorization is considered unauthorized employment under U.S. immigration law.
Can my H-4 EAD application be expedited?
Generally, USCIS does not offer premium processing for standalone H-4 EADs. Expedited processing is only granted in limited humanitarian or severe financial hardship cases and must be supported with documentation.
Is the H-4 EAD impacted by changes to the H-1B program?
Yes - any change to H-1B policy, including visa caps, denials, or green card delays, can indirectly affect your eligibility or continued validity of the H-4 EAD.
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