Eligibility for work authorization for H-4 status holders
I hold H-4 status as the spouse of an H-1B holder, but I’ve heard there’s no separate work authorization available. I need to work — I’d like to know how an H-4 holder could obtain work authorization.
For an H-4 holder to obtain work authorization, check whether any of the following apply:
First, if your spouse’s I-140 has been filed and approved, or
Second, if you are the beneficiary of your spouse’s labor certification (PERM) application, or
Third, if your spouse, as an H-1B holder, has reached the maximum 6-year limit on H-1B status and it has been more than 1 year since filing I-140.
In short, if you are not already in the green card process, it is practically very difficult for an H-4 holder to obtain work authorization. Unlike other statuses, the lack of a separate work authorization for H-1B spouses has consistently been pointed out as a problem, but unfortunately this issue for H-4 holders has not been improved.