As an immigration specialist with extensive knowledge of U.S. visa regulations, I can provide a detailed response to your question regarding employment eligibility for H-4 visa holders.

The H-4 visa is a nonimmigrant visa that allows certain spouses and unmarried children under the age of 21 to accompany H-1B visa holders, who are nonimmigrant workers in specialty occupations. Historically, H-4 visa holders were not authorized to work in the United States. However, this changed with the introduction of certain regulations that allowed some H-4 visa holders to apply for Employment Authorization Documents (EADs).

The law allowing certain H-4 visa holder spouses to be eligible to get an EAD was passed in 2014/2015. This was a significant development as it provided an opportunity for H-4 visa holders to contribute to the U.S. economy and gain valuable work experience. However, it is important to note that the H-4 visa based EAD is not available to all H-4 visa holders. It is available only to spouses of H-1 visa holders who fall into one of the following two categories:

1. **H-1B spouse must be the beneficiary of an approved I-140, Petition for Immigrant Worker**: This means that the H-1B visa holder's employer has filed an I-140 petition on their behalf, and it has been approved by the United States Citizenship and Immigration Services (USCIS). The I-140 petition is a significant step towards obtaining lawful permanent residency in the United States, and it indicates that the H-1B visa holder has an approved employment-based immigrant visa petition.

2. **H-1B visa holder is in the process of the 6th year extension**: If the H-1B visa holder has been in the United States for more than five years and is in the process of extending their H-1B status beyond the six-year limit, their H-4 spouse may also be eligible for an EAD. This typically applies to individuals who have an approved I-140 petition but are waiting for a visa number to become available due to annual numerical limits.

To apply for an EAD, the H-4 visa holder must file Form I-765, Application for Employment Authorization, with USCIS. They must provide evidence that they meet the eligibility criteria, such as a copy of the H-1B visa holder's approved I-140 petition or proof that the H-1B visa holder is in the 6th year extension process. Once the EAD is approved, the H-4 visa holder is authorized to work for any employer in the United States.

It is also important to note that the ability for H-4 visa holders to work is subject to change based on policy and regulatory changes. For example, there have been discussions and proposals to rescind the rule that allows H-4 visa holders to apply for EADs. Therefore, it is crucial for H-4 visa holders and their families to stay informed about any changes in immigration policy that may affect their employment eligibility.

In conclusion, while the H-4 visa itself does not confer work authorization, certain H-4 visa holders may be eligible to work in the United States if they meet specific criteria related to their H-1B spouse's immigration status. It is always recommended to consult with an immigration attorney or expert to understand the current regulations and how they may apply to individual cases.

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The law allowing certain H4 visa holder spouses to be eligible to get EAD was passed in 2014/2015. ... The H4 visa based EAD is available only to spouses of H-1 visa holders who fall into one of following two categories: H-1B spouse must be the beneficiary of an approved I-140, petition for immigrant worker.read more >>