We often receive questions about working in the US as a spouse. The question we receive the most: Can I work in the United States as a spouse of a work permit holder? Usually, when an individual applies for a work visa to the U.S., they can bring their spouse and dependent children along with them. Now, generally speaking, the spouse cannot work in the US during this time. The spouse can accompany the individual during the validity of the work visa. The children can go to school but the spouse generally cannot work.
Working in the US Under an H-1B Spouse Work Permit
Sometimes, there can be certain exceptions that will allow the spouse to work in the United States. For example, with an L1 visa or an E2 visa, the spouse can apply for a work visa as a dependent but in most cases that option’s not available. However, there has been talk that immigration rules will be changing potentially, hopefully, that will allow spouses to work as dependents. So for example, an H1B dependent visa is a specialty occupation work visa and is very popular. As it stands now, spouses are not allowed to work unless they apply for their own work visa that’s separate. If the rules change, spouses who currently get H4 visas will be permitted to apply for work visas or be allowed to work as well. This would be especially beneficial to the IT industry, but also to other industries as well.
Work Visas that Allow a Husband or Wife to Work in the US
H-4 Visas are a special category of visas designed for spouses and children under the age of 21 of H-1B Visa holders. The status allows them to stay with the principal applicant, the H-1B Visa holder, in the US through the duration of the H-1B worker’s status. Holders of such an H4 visa can now legally work or start a business in the U.S. as long as their spouse’s H1B visa is valid.
Benefits of an H-4 Spousal H-1B Visa
In addition to the ability to work once obtaining Employment Authorization Documents (EAD), there are a few other benefits to the Employment Authorization Documents (EAD).
H4 visa holders who have Employment Authorization Documents (EAD) can:
- Receive a social security number
- Have no restrictions on employment
- Have no minimum wage requirements
Can I Extend My EAD for My H-1B Holders’ Spouse Work Permit?
Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. On May 4, 2022, DHS temporarily increased the extension period and provided up to 360 days of the additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:
- Before May 4, 2022, and your 180-day automatic extension has since expired;
- Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
- Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates.
If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.
Are You Interested In Working in the US Under an H-1B Dependent Visa?
If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.
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President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
