29th Apr 2015
The United States Citizenship and Immigration Service has made it clear that eligible H-4 visa holders will need to apply for a work authorization document, and receive the document, before they can legally hold employment in the United States. Stated another way, there is no automatic employment authorization for H-4 visa holding foreign nationals.
The reason behind this rule, as stated by the Department of Homeland Security, is because there are going to be many persons who hold H-4 visas but are not eligible for an EAD card. The USCIS will need to make a determination that the applicant has a spouse who is the beneficiary of an approved I-140 petition or and H-1B extension under AC-21 Sections 106(a) and (b). Because not all H-4 visa holders will meet these qualifications, the USCIS requires that foreign nationals apply and prove their qualifications before beginning to work.
If you have questions as to whether your or your spouse are eligible for employment authorization as an H-4 visa holder, please feel free to contact Matthew Nierman, Immigration Attorney at 614-523-7575 or follow this link to set up a consultation.