H-4 EAD eligibility checker.

The rule in plain terms

H-4 status does not allow work by itself. 8 CFR 214.2(h)(9)(iv) says H-4 status does not confer employment authorization incident to status, and that an H-4 spouse of an H-1B worker may be eligible only if the H-1B worker is the beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140), or is in a stay authorized under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). The authorization category is (c)(26) in 8 CFR 274a.12. The applicant files Form I-765 with evidence and may not start work until the Employment Authorization Document (Form I-766) is in hand.

What each question tests

• Who is the applicant. The regulation names the “H-4 nonimmigrant spouse”. A child in H-4 status is not covered, however old.
• Is the H-1B worker currently in H-1B status. The evidence requirement in the regulation is that the H-1B beneficiary is currently in H-1B status. If the worker has left H-1B status, this route closes.
• Is the applicant currently in H-4 status. The regulation requires the H-4 spouse to be in H-4 status when applying.
• How far the green card process has gone. An approved I-140 qualifies. A stay granted under AC21 106(a) and (b) qualifies. A pending I-140 or a PERM labor certification on its own does not, and the tool says “Not yet” for those.
• Filing with your own I-485. USCIS says that if the Form I-765 goes in together with the applicant’s own Form I-485, the eligibility category on the I-765 is (c)(9), not (c)(26), and the Form I-485 instructions control the filing address and fees.

The two bases explained

Approved I-140. The H-1B worker must be the principal beneficiary of an approved I-140. The proof USCIS lists is a copy of the Form I-797 approval notice. AC21 106(a) and (b). This is the extension of H-1B stay beyond the six-year limit. USCIS describes two ways to show it: a permanent labor certification filed at least 365 days before the extension period begins (with a Form I-797 receipt for the I-140 if more than 180 days have passed since the labor certification was certified), or a pending I-140 filed at least 365 days before it begins. The H-1B worker’s passports, prior Forms I-94 and Form I-797 notices for the Form I-129 petitions show the extension. The six-year limit calculator estimates when that point arrives.

A worked example (hypothetical)

Mina is in H-4 status. Her spouse Arjun has been in H-1B status for five years and his employer filed a PERM labor certification eight months ago. No I-140 exists yet. Answers: spouse, yes, yes, “Labor certification filed”. The result is “Not yet”. Two events could change that: an approved I-140, or an H-1B extension past year six granted under AC21. If the I-140 is approved next spring, Mina’s answers change to “Form I-140 approved” and the result becomes “May be eligible”, and she would assemble the marriage certificate, proof of H-4 status, photo ID, the I-140 approval notice and two photos.

Renewals and the old card

The automatic extension of an expiring EAD no longer applies to renewals filed on or after October 30, 2025. 8 CFR 274a.13(d) now carries the heading “Renewal application filed before October 30, 2025” for the 540-day rule, and DHS finalized the removal in a rule published in the Federal Register on October 14, 2026. Unless another rule applies to the case, the date on the card is the working date until a new card is issued, so the renewal should go in well before it expires.

Common mistakes

• Filing on a pending I-140. The rule asks for an approved I-140 or the AC21 stay.
• Assuming a PERM approval is enough. It is a step toward the I-140.
• Starting work when the I-765 is receipted. USCIS says the applicant must have the EAD before working.
• Using the (c)(26) category when filing with an I-485. USCIS says to use (c)(9) and the I-485 filing instructions, and warns that mailing the I-485 to the (c)(26) address can get it rejected.
• Forgetting translations. USCIS requires a certified English translation for any foreign-language document.

What this does not cover

Other dependent work routes such as L-2, E-2 or J-2, the F-1 student rules, the fee for Form I-765 (see the USCIS fee checker), processing times, and whether a particular filing will be approved. It does not review your evidence.

Sources

• USCIS: Employment Authorization for Certain H-4 Dependent Spouses — Eligibility requirements, evidence chart and the (c)(9) versus (c)(26) filing note.
• eCFR: 8 CFR 214.2 — Paragraph (h)(9)(iv), H-4 dependents and employment authorization.
• eCFR: 8 CFR 274a.12 — Paragraph (c)(26), the H-4 spouse category.
• eCFR: 8 CFR 274a.13 — Paragraph (d), automatic extension for renewals filed before October 30, 2025.
• Federal Register: Removal of Automatic Extensions for Certain Employment Authorization Documents (10/14/2026) — The final rule ending automatic EAD extensions.
• USCIS: H-1B specialty occupations — Family of H-1B nonimmigrants.

Retrieved October 20, 2026. Rules and fees change, so verify against the current official page before you file or act.