For many H-4 dependent spouses of H-1B visa holders, the Employment Authorization Document (EAD) is a crucial pathway to pursuing career opportunities and contributing to their household income in the United States. As we move through 2025, it’s vital for H-4 EAD holders and their sponsoring H-1B spouses to stay informed about the latest USCIS policies, processing times, and eligibility criteria for H-4 EAD extensions.

The H-4 EAD: A Vital Work Authorization

The H-4 EAD allows certain H-4 dependent spouses of H-1B nonimmigrants to work in the U.S. This authorization is typically available when the H-1B principal has reached a significant stage in their green card process, specifically:

• They are the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, OR
• They have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), which allows them to extend their H-1B status beyond the six-year limit due to a pending PERM labor certification or I-140 petition.

If you meet these core eligibility criteria and are seeking to extend your dependent spouse work visa USA, understanding the nuances of the application process is key.

Key Updates and Considerations for H-4 EAD Extensions in 2025

Several important points have come into play regarding H-4 EADs and their processing as of early 2025:

1. Changes to Concurrent Processing:

   As of January 18, 2025, USCIS is no longer required by a previous court settlement (Edakunni v. Mayorkas) to concurrently adjudicate H-4 and H-4 EAD applications alongside the principal H-1B petition.

   • What this means for you: While USCIS may continue to process them together as a matter of practice, there’s no guarantee. This “unbundling” could potentially lead to longer processing times for standalone H-4 and H-4 EAD applications, even if the principal H-1B is premium processed.
   • Strategy: File your H-4 and H-4 EAD extension applications as early as possible. USCIS allows filing up to 6 months before your current EAD expires. If your H-1B principal’s extension is being filed, it’s still highly recommended to bundle the H-4 and H-4 EAD applications together with the H-1B petition.

2. Increased Automatic Extension Period:

   The Department of Homeland Security (DHS) announced a final rule, effective January 13, 2025, to permanently increase the automatic extension period for certain EAD renewal applicants, including H-4 EAD holders, to up to 540 days.

   • What this means for you: If you file your H-4 EAD renewal (Form I-765) in a timely manner before your current EAD expires, and you maintain valid H-4 status with an unexpired I-94, your work authorization can automatically extend for up to 540 days from your EAD’s expiration date. This provides a crucial buffer against potential processing delays and helps prevent gaps in employment.
   • Strategy: Always file your renewal application before your current EAD expires to benefit from this automatic extension. Carry your expired EAD card along with the I-797C receipt notice showing the timely filing of your renewal application.

3. Processing Times for H-4 EAD Extensions in 2025:

While the new automatic extension period is beneficial, actual USCIS I-765 processing time USA for H-4 EADs can still vary. Based on recent data and the unbundling of applications, average processing times can range from 2 to 12 months depending on the service center and individual case factors.

• • Strategy: Check the most current processing times on the USCIS website for the service center handling your application. Factor these potential delays into your planning to avoid employment interruptions.

Eligibility Criteria for H-4 EAD Extensions

To qualify for an H-4 EAD extension, you must meet the following fundamental criteria:

• You must be the legal spouse of an H-1B nonimmigrant. (Dependent children in H-4 status are generally not eligible for EADs.)
• You must be in valid H-4 nonimmigrant status at the time of filing your EAD extension application. Your Form I-94 (Arrival/Departure Record) must show valid H-4 status.
• Your H-1B spouse must be in valid H-1B status and must meet one of the two core eligibility requirements for H-4 EADs (approved I-140 or H-1B extension under AC21 beyond the six-year limit).
• You must be physically present in the United States at the time of filing.

Practical Tips for a Smooth and Timely H-4 EAD Renewal

1. File Early, Within the 6-Month Window:

The earliest you can file your I-765 application is 6 months before your current EAD expires. Given potential processing fluctuations, leveraging this full window is highly advisable.

2. Gather All Required Documents Meticulously:

• • Copy of your current H-4 EAD card (front and back).
  • Copy of your H-4 approval notice (Form I-797) and most recent Form I-94.
  • Copy of your H-1B spouse’s most recent H-1B approval notice (Form I-797).
  • Copy of your H-1B spouse’s approved I-140 notice (if applicable), or evidence of their H-1B extension beyond 6 years under AC21.
  • Copy of your marriage certificate.
  • Two U.S. passport-style photographs (taken within the last 30 days).
  • Copy of your passport identity page and visa stamp.

3. Complete Form I-765 Accurately:

Ensure all fields on Form I-765 are filled out correctly and completely. Any errors or omissions can lead to delays or a Request for Evidence (RFE). Specify eligibility category (c)(26).

4. Pay the Correct Filing Fee:

Verify the current filing fee for Form I-765 on the USCIS website. As of June 2025, this is typically $470 for online filing or $520 for paper filing.

5. Consider Online Filing:

USCIS often encourages online filing for its efficiency, allowing for electronic submission, payment, and real-time case status tracking.

6. Track Your Application:

Once filed, use the receipt number from your Form I-797C Notice of Action to track your case status online via the USCIS website.

7. Consult with an Immigration Attorney:

Given the potential for increased processing times and the complexities of immigration regulations, consulting with an experienced immigration attorney is highly recommended. They can help ensure your application is complete, accurately reflects your eligibility, and can advise on strategies to mitigate potential delays.

Ensuring Continuity of Work Authorization

The H-4 EAD is a significant benefit for many H-1B families. By proactively addressing H-4 EAD extensions in 2025, staying informed about USCIS updates, and meticulously preparing your application, you can minimize disruptions to your employment and maintain your authorized stay in the U.S. Don’t let processing delays catch you off guard – plan ahead and secure your H-4 work permit with confidence.

If you have questions about your H4 EAD extension 2025 or need assistance with the application process, the dedicated immigration legal team at LForLaw is here to help. Contact us today for a consultation to ensure your application is handled efficiently and accurately.