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⚠️ Informational only. Immigration rules change. Consult a licensed attorney for your specific situation.
How to Choose: H-4 EAD vs H-1B EAD
H-4 EAD and H-1B EAD (Employment Authorization Document) are both work authorization documents for H status holders, but with very different eligibility and implications. H-4 EAD is available only to H-4 dependent spouses whose H-1B principal spouse has an approved I-140 immigrant petition — it provides open-market work authorization (unrestricted employer, any occupation). H-1B EAD refers colloquially to the work authorization that an H-1B holder has by virtue of their H-1B status — tied to the petitioning employer. H-4 EAD is more valuable in terms of job flexibility (any employer, any job) but is contingent on the principal's I-140 status. H-1B holders are restricted to their petitioning employer unless they transfer (portability requires filing a new petition and can qualify for AC21 portability after 180 days). For H-4 dependents, obtaining an H-4 EAD once the principal's I-140 is approved provides genuine career flexibility.
H-4 EAD
Visa TypeWork Auth
DurationSame as H-4 status
SponsorshipThrough H-1B holder
Annual CapNo cap
Green Card PathMust maintain H-4 status
Premium ProcessingNo
Wage RequirementUnrestricted work auth
H-1B EAD
Visa TypeWork Auth
DurationSame as H-1B status
SponsorshipThrough H-1B employer
Annual CapSame as H-1B
Green Card PathTied to employer/status
Premium ProcessingNo
Wage RequirementPrevailing wage required
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Frequently Asked Questions
What is the main difference between H-4 EAD and H-1B EAD?
H-4 EAD is Work Auth while H-1B EAD is Work Auth. H-4 EAD requires through h-1b holder, while H-1B EAD requires through h-1b employer. Duration: H-4 EAD lasts Same as H-4 status vs H-1B EAD lasting Same as H-1B status.
Can I switch from H-4 EAD to H-1B EAD?
Switching between visa types typically requires filing a new petition or change-of-status application with USCIS. Each situation is different. Consult an immigration attorney to evaluate your specific circumstances.
Which is better for a green card — H-4 EAD or H-1B EAD?
Tied to employer/status has different green card implications. Must maintain H-4 status is a nonimmigrant path that may lead to a green card. Your best path depends on your qualifications, nationality, and employer situation.