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H-4 EAD Eligibility: Work Permit for H-1B Spouses

Immigration » H-4 visas and work permits » H-4 EAD eligibility

Some spouses of H-1B workers can apply for a work permit. Eligibility depends on the H-1B worker’s position in the green card process.

Who may qualify

  • The H-1B worker has an approved Form I-140 immigrant petition.
  • Or the H-1B worker has been granted H-1B status beyond six years based on a pending labor certification or I-140 filed early enough.

Who cannot

H-4 children are not eligible for the H-4 work permit. Spouses of workers who have not started the green card process generally are not either.

Why it matters

The work permit allows the spouse to work for any employer or be self-employed.

H-4 visas and work permits guide

How our firm helps with H-4 visas and work permits

  • We confirm whether your family qualifies for the H-4 work permit and prepare the application with the right proof.
  • We time the H-4 extension with the principal’s H-1B so no one falls out of status.
  • We plan for children who are approaching age 21, years before the deadline.
  • We coordinate dependent status with the green card case so spouses and children are protected.

Situations we handle

  • Spouses waiting for an I-140 approval to unlock a work permit
  • Teenagers approaching age-out
  • Families switching employers
  • Renewals with a tight expiration date

Why clients choose our firm

  • A Texas-licensed attorney serving immigration clients in all 50 states.
  • Russian-language service for clients and families.
  • Clear communication and updates through our client portal.
  • A full review of your history before anything is filed, so problems are caught early.
  • Organized filings and representation through interviews, requests for evidence and appeals.

Get help with h-4 visas and work permits

Request a consultation to review your situation. Legal plan members can mention their plan when booking.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.