As an immigration attorney who has guided countless families through the complexities of U.S. immigration law, one of the most common concerns I hear from clients is about employment rights for H-4 visa holders. If you are in the United States as the spouse of an H-1B visa holder, you are likely on an H-4 visa. While this status allows you to live in the country, attend school, and travel, it does not automatically permit you to work. However, there are specific conditions under which H-4 spouses can become eligible for legal employment in the U.S. Let’s explore what those are and what they mean for you. For many H-4 spouses, the ability to work is about more than just income—it’s about maintaining a professional identity, gaining personal independence, and contributing meaningfully to their family and community. The flexibility of the EAD opens up opportunities that match your skills, passions, and aspirations. Whether you want to return to your former career, launch a new business, or explore freelance work, having the right to work transforms your U.S. experience in deeply meaningful ways.
Understanding the H-4 Visa
The H-4 visa is a dependent visa issued to the immediate family members—specifically spouses and children under the age of 21—of individuals holding an H-1B visa. While H-4 visa holders are allowed to reside in the U.S. and pursue education, they do not have the right to work unless they take additional steps and meet certain eligibility requirements. For many spouses, this limitation can be frustrating, especially for those who wish to continue their professional careers.
When can you work on an H-4 visa?
The good news is that not all doors are closed. If your H-1B spouse is on the path toward permanent residency, you may qualify for employment authorization. This is possible if your spouse has an approved Form I-140, which is an immigrant petition confirming their eligibility for a green card. Alternatively, if your spouse is operating under an extended H-1B status based on provisions in the American Competitiveness in the Twenty-First Century Act, commonly known as AC21, you may also qualify. These extensions typically occur when green card processing delays prevent timely progress through the system.
If one of these two conditions applies, you as an H-4 spouse can file Form I-765 with U.S. Citizenship and Immigration Services (USCIS) to apply for an Employment Authorization Document (EAD). This document is what grants you the legal right to work.
Why the EAD is so important?
The EAD is a card issued by USCIS that serves as proof of your legal right to work in the U.S. Once approved, it allows you to work full-time or part-time, switch jobs freely, and be employed in any field or industry of your choosing. You can even start your own business or offer freelance and consulting services. Unlike the H-1B visa holder, who is tied to a specific employer and job role, an H-4 spouse with an EAD has considerably more freedom to explore diverse employment opportunities.
Employment rules for children on H-4 visas
While spouses can potentially gain work authorization, children on H-4 visas are not eligible to work in the United States. They can attend schools and universities, but if they wish to take up employment, they must apply for a separate visa category that permits them to do so.
Do you need a visa sponsor?
One of the most empowering aspects of the H-4 EAD is that it does not require employer sponsorship. This is a major departure from the H-1B process, where employment is tightly bound to the sponsoring company. As an H-4 EAD holder, you can pursue job opportunities independently, explore multiple industries, or even create your own career path. Whether you’re joining an existing company or building something new from the ground up, you have the autonomy to make your own professional choices.
When can you start working?
It’s important to note that you cannot begin working until your EAD is officially approved and you’ve received the physical card. While you are waiting, you’re welcome to prepare—such as updating your resume, applying for jobs, and going to interviews, but paid employment is only legal once the card is in hand.
Can an immigration attorney make a difference?
The application process for an EAD can be complex. Having an immigration attorney assist you can make a world of difference. From ensuring all paperwork is accurately completed, to avoiding common delays or denials, to responding to any Requests for Evidence (RFEs) issued by USCIS, a lawyer can help streamline the entire process. In an area of law where small errors can have big consequences, professional guidance is invaluable.
Understanding Tax Responsibilities
If you earn income while on an H-4 EAD, you are required to comply with all U.S. tax laws. This includes reporting your earnings to the IRS, filing an annual tax return, and adhering to any federal, state, or local tax requirements applicable in your area. Being aware of these responsibilities ensures you remain in good standing with immigration and tax authorities alike.
Does working help you get a Green Card?
Unfortunately, employment under an H-4 EAD does not create a separate pathway to permanent residency. Your legal status remains tied to your H-1B spouse’s green card process. Your progress toward a green card will depend entirely on the status and success of your spouse’s immigration petition.
How long can you keep working?
Your ability to work under the EAD is linked to the validity of both your H-4 visa and your spouse’s H-1B visa. Typically, the H-1B is granted for three years and can be extended up to six years, or even longer under certain green card-related conditions. If your spouse’s visa is renewed, you will also need to renew your H-4 status and reapply for the EAD to continue working.
Final Thoughts
In summary, if you’re an H-4 spouse, you may be eligible to work in the U.S. if your H-1B spouse has either an approved I-140 or is operating under an extended visa due to green card delays. To begin working, you must first apply for and receive an Employment Authorization Document. This work permit allows you to pursue employment freely, without employer sponsorship. If you’re unsure about your eligibility or need assistance with the process, don’t hesitate to consult a qualified immigration attorney.
