H-4 EAD Eligibility Checker
Find out if you qualify for work authorization as the spouse of an H-1B visa holder. This tool checks your situation against the key requirements for the H-4 EAD, including your spouse's I-140 petition status, AC21 extension eligibility, and your current H-4 status.
How This Tool Works
Answer five questions about your immigration situation and your spouse's H-1B and green card process status. The tool evaluates your answers against the DHS eligibility criteria for H-4 EAD, which requires (1) your spouse to be in valid H-1B status, (2) an approved I-140 immigrant petition, and (3) you to be maintaining valid H-4 dependent status. The tool then provides a verdict with a detailed checklist and recommended next steps.
What the Data Covers
The eligibility criteria are based on the DHS final rule published in February 2015 (8 CFR 274a.12(c)(26)), which established H-4 EAD eligibility for spouses of H-1B workers who have approved I-140 petitions or are in a period of authorized H-1B stay beyond the standard 6-year limit under AC21 provisions. Processing time estimates are based on published USCIS data for Form I-765 filings in the H-4 EAD category.
Tips for Using This Tool
Frequently Asked Questions
Data Source & Methodology
Eligibility criteria are based on the DHS final rule (80 FR 10284, Feb 25, 2015) and subsequent USCIS policy guidance. Processing time estimates are sourced from USCIS published processing times for Form I-765 in the (c)(26) category. The 180-day I-140 portability rule comes from AC21 Section 106(c), which prevents revocation of an approved I-140 after 180 days even if the underlying labor certification is revoked. Filing fees and form numbers are current as of 2026 but may change. Always verify with the USCIS website before filing.
H-4 EAD eligibility rules have been subject to legal challenges and proposed regulatory changes. This tool reflects the current rules as of 2026, but the regulatory landscape can shift. Specific situations involving change of status, consular processing, or pending I-140s may have additional complexities. Always consult a licensed US immigration attorney before filing any application.