Guide Overview: Qualifying H-4 dependent spouses of H-1B principals may apply for Category (c)(26) employment authorization when the principal is the beneficiary of an approved Form I-140 or has received a qualifying H-1B extension under AC21 §§ 106(a) and (b). The current EAD-renewal rules, including the October 30, 2025 change, must also be considered.
2026 EAD Renewal Update: The former general automatic EAD-extension rule does not generally apply to new Category (c)(26) renewal applications filed on or after October 30, 2025. Check the filing date and applicable rule before relying on an expired EAD for continued employment.
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 | Evidence of the principal spouse's approved Form I-140, OR evidence that the principal received an AC21 §106(a)/(b) H-1B extension together with documentation establishing the qualifying 365-day PERM or I-140 basis. |
| 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.
- 2026 Renewal Rule: The former general 540-day automatic extension does not generally apply to new C26 renewal applications filed on or after October 30, 2025. Earlier qualifying renewals are governed by the rules applicable to their filing date.
Live Expat FX Tool 0% Hidden Spread
International Money Transfer & FX Rates
Sending funds for tuition, rent, or immigration fees? Retail banks sneak 2.5%–4% into exchange rates. Check today's real mid-market rate first.
High-Street Banks:~3.5% Hidden Markup
Wise Mid-Market:Zero Markup (Google Rate)
⚡ Free live comparison • 50+ currencies supported
At-A-Glance
Form NameForm I-765 (c26)
Online Fee$470 USD
Paper Fee$520 USD
Related Tools
Related US Tools & Guides
Frequently Asked Questions (FAQ)
Yes. USCIS permits the H-4 spouse to file Form I-765 together with Form I-539 and, where applicable, at the same time as the principal H-1B spouse's Form I-129. However, concurrent filing does not mean the three forms are automatically adjudicated together; current USCIS I-765 instructions state that the H-4 EAD is not adjudicated until the Form I-539 is adjudicated, apart from processing the filing fees.
Submit Form I-765 in Category (c)(26) with evidence of your current H-4 status, qualifying relationship to the H-1B principal, and the basis for H-4 employment authorization. This generally means evidence of the principal spouse's approved Form I-140 or evidence that the principal received a qualifying H-1B extension under AC21 §§ 106(a) and (b), including documentation establishing the underlying PERM or I-140 timing requirement. Include the required identity/status documents, relationship evidence, photos, and 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.
The former general automatic EAD-extension rule does not generally apply to new H-4 C26 renewal applications filed on or after October 30, 2025. The prior automatic-extension rules can apply to qualifying earlier-filed renewals subject to the requirements applicable to the filing date. Do not treat every timely 2026 C26 renewal as automatically entitled to 540 days.
Yes. Form I-765 may be filed with Form I-539 and, where applicable, at the same time as the principal H-1B spouse's Form I-129. However, USCIS's current I-765 instructions state that it will not adjudicate the H-4 I-765 until it has adjudicated the Form I-539, apart from processing the filing fees. Concurrent filing therefore does not mean all three forms are automatically adjudicated together.
No. An eligible applicant can request an SSN through Form I-765 by completing the applicable Social Security questions. USCIS can transmit the information to the Social Security Administration under the Enumeration Beyond Entry process. The exact question numbers depend on the edition of Form I-765 in use, so follow the current form instructions rather than relying on fixed question numbers.
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