Employment Authorization for spouses of H-1B Holders in H-4 status
As of May 2015, spouses of H-1B visa holders who are in H-4 status may be eligible to apply for employment authorization if the H-1B spouse’s employer has an approved I-140 petition or if the spouse is in the 2nd H-1B extension under AC21. In either of these cases, H-4 spouses can file an I-765 petition for work authorization which would allow them to seek employment in the United States without any restrictions. This means employment can be full-time or part-time, salaried employee or independent contractor. H-4 visa holders with EAD may also start their own businesses should they choose. Unlike visas where employment is restricted to a certain occupation, EAD offers much more flexibility.