Understanding the Limitations of H-4 EAD and Associated Social Security Number

H-4 Employment Authorization Document EAD enables certain spouses of H-1B visa holders (dependents) to work in the United States. However, there are significant limitations and restrictions that H-4 EAD holders should be aware of as they navigate the job market and related processes.

Eligibility Requirements for H-4 EAD

Not all H-4 visa holders are eligible for the H-4 Employment Authorization Document (EAD). Eligibility is contingent on the status and specific circumstances of the H-1B visa holder. Specifically, H-4 EAD holders can only apply if:

Their H-1B spouse has either an approved I-140 immigrant petition or The H-1B spouse has been granted an extension beyond the six-year limit due to pending green card processing.

Work Restrictions for H-4 EAD Holders

The H-4 EAD permits employment but does not confer any specific job or industry rights. H-4 EAD holders are free to work at any employer, provided that their work complies with all applicable labor laws.

Validity and Renewal of H-4 EAD

The H-4 EAD is directly tied to the H-4 status. If the primary H-1B visa holder loses their status or the H-4 is terminated, the EAD becomes invalid. Additionally, EADs must be renewed periodically, a process that can involve considerable time and paperwork.

Duration and Renewal Requirements

The H-4 EAD is typically valid for a specific period, typically up to two years. If the holder wishes to continue working, they must apply for renewal before the EAD expires.

Dependent Status and Employer Verification

H-4 EAD is exclusively available to dependents of H-1B visa holders. If the H-1B visa holder changes status or leaves the U.S., the H-4 EAD holder's ability to work is automatically affected. Employers may also require additional documentation to verify the validity of the H-4 EAD, which could complicate the hiring process.

Considers SSN in Context

H-4 EAD holders can apply for a Social Security Number (SSN), primarily for tax purposes and to access certain government services. However, the SSN itself does not provide any additional employment rights or benefits.

It's important for H-4 EAD holders to be aware of the limitations and navigate these constraints effectively to ensure a smoother immigration and employment experience.

Conclusion

Understanding the complexities and limitations of the H-4 EAD and the associated SSN is crucial for H-4 dependents seeking employment in the United States. By understanding these limitations and how to navigate them, individuals can maximize their opportunities and legal compliance while working in the country.