Spouse work authorization (H4 EAD)

H4 EAD holders are spouses of H1B Visa Holders whose green card applications has been accepted. Many H4 EAD holders are also working in reputable companies in quality roles. H4 holders can continue to remain in the United States until their spouse’s H1B visa is valid and till their spouses remain gainfully employed.  However, there is a huge uncertainty as H4 EAD.

H4 is issued to spouses of H1B employees. H4 can remain in the US but cannot work or start a business. In 2015 DHS extended the eligibility for employment authorization for a subset of H4 spouses whose green card petition has been filed and I-140 has been approved or whose spouses extended their visas beyond 6th year of H1B using AC 21 rule. The beneficiaries used these EADs to open new businesses, started working as doctors and engineers. On December 22nd DHS informed federal district court that they are implementing a regulatory process to remove H4 EAD. This will result in the businesses which hire American workers shutting down. These doctors will not be able to serve patients. Companies which hired these visa holders will have their projects impacted because of this unexpected attrition. This happens at a time of lowest unemployment rate in a decade.

Forcing people out of work has both socio and economic impact on the families. Estimated 85% of the spouses are women. These families have American born kids. Studies have proven children of working mothers have the higher academic achievement, greater career success and more non-traditional career choices.