This information is shared by the Kazmi & Sakata Attorneys at Law
1. What evidence do I need to prove my eligibility for employment authorization?
You should provide evidence of your H-4 status, a government-issued photo ID, a marriage certificate or other evidence of your spousal relationship, and evidence of your spouse's H-1B nonimmigrant status. If you are applying based on your spouse's H-1B status under AC21, you should provide evidence that your spouse is a Permanent Labor Certification beneficiary.
2. Do I have to be in the U.S. to apply for employment authorization?
Yes. To apply for employment authorization, you must be in H-4 status, which means you must be living in the United States.
3. Is this employment authorization a one-time opportunity?
No. As long as you are eligible for employment authorization, you can renew the authorization and receive a new Employment Authorization Document.
4. Is my employment authorization time limited to the time of my spouse's H-1B status?
Usually, the length of your employment authorization will match the length of your H-4 nonimmigrant status. If your H-4 status is valid, you should be granted employment authorization.
5. If my H-1B spouse's Form I-140 petition was revoked, am I eligible for employment authorization?
For you to qualify for employment authorization, your spouse must either have an approved Form I-140 petition or be granted H-1B status under AC21 sections 106(a) and (b). If your spouse has been granted H-1B status under the AC21, you should still qualify.
6. Am I eligible for employment authorization if my spouse's Form I-140 was filed by a previous employer?
The USCIS doesn't require that the Form I-140 be filed by a current employer. If the Form I-140 was approved, you should be eligible for employment authorization.
7. If my spouse's Form I-140 is revoked by the USCIS, will I lose my employment authorization?
For you to have employment authorization, you and your spouse must both maintain nonimmigrant status. The USCIS can revoke your employment authorization if your spouse's Form I-140 was revoked or if he or she loses eligibility for H-1B status.
8. Can I start my own business or employ other people if I have H-4 employment authorization?
Yes. Employment authorization based on H-4 status is unrestricted.
9. How long should it take for the USCIS to adjudicate my employment authorization application?
The length of time varies between cases. You can visit the USCIS website to check the current processing times.
10. Can I use my Employment Authorization Document (EAD) to enter and exit the United States?
No. If you leave the United States, you must use valid passport and H-4 visa to enter again.
