Guide Overview: H-4 dependent spouses of qualifying H-1B visa holders (with an approved Form I-140 or AC21 365-day PERM extension) can apply for unrestricted employment authorization under Category (c)(26).
Complete Document Checklist for Form I-765
| Document Category | Specific Item Required |
|---|---|
| Form I-765 Application | Completed, signed Form I-765 with Eligibility Category (c)(26). |
| Prerequisite Evidence | Copy of principal spouse's Form I-140 Approval Notice (Form I-797) OR AC21 365-day extension notice. |
| Status Evidence | Current Form I-94 for both principal H-1B and H-4 applicant, plus H-1B/H-4 approval notices. |
| Relationship Evidence | Copy of official marriage certificate with certified English translation if applicable. |
| Identity & Photos | Two 2x2 passport-style photos, copy of passport biographic page, and previous EAD card (if renewal). |
USCIS Fee Schedule & Filing Options
- Online Filing (myUSCIS): $470 filing fee. (Faster digital receipt generation).
- Paper Mail Filing: $520 filing fee. Mailed to designated USCIS Lockbox.
- 540-Day Auto Extension: Timely filed renewal applications receive up to 540 days automatic extension under 8 CFR § 274a.13(d).
Frequently Asked Questions (FAQ)
Submit Form I-765 specifying Category (c)(26), attaching proof of your principal spouse's approved Form I-140 (or AC21 365-day extension), unexpired Form I-94s, marriage certificate, passport photos, and the applicable filing fee.
Under the Form G-1055 fee schedule, filing Form I-765 online via a myUSCIS account costs $470, while paper filing by mail costs $520.
Under 8 CFR § 274a.13(d), H-4 EAD renewal applicants who timely file Form I-765 prior to expiration qualify for up to 540 days of automatic work authorization extension, provided their underlying H-4 status remains valid.
Yes. Concurrent bundled filings (Form I-129, Form I-539, and Form I-765) are permitted, allowing USCIS to process all three applications together when submitted to the designated Lockbox facility.
No. You can request a Social Security Card directly on Form I-765 (Part 2, Questions 13a–17b). USCIS will transmit your data to the SSA to issue your SSN card upon EAD approval.
No. An H-4 EAD provides unrestricted employment authorization. Cardholders can work full-time or part-time for any employer, start a business, or work as an independent contractor without PERM or LCA restrictions.
Official U.S. Government References
• USCIS H-4 EAD Filing Guidelines: uscis.gov/h4-ead
• USCIS Form I-765 Application Portal: uscis.gov/i-765
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At-A-Glance
Form NameForm I-765 (c26)
Online Fee$470 USD
Paper Fee$520 USD