H-4 Employment Authorization: Current Eligibility and Rumors That It “Will Be Eliminated”

01

Current Eligibility

The USCIS page states that certain H-4 spouses of H-1B holders may file Form I-765 to apply for employment authorization, provided that the H-1B holder is the principal beneficiary of an approved I-140; or has been granted H-1B status under AC21 §106(a) and (b) (usually associated with extensions beyond six years).

H-4 employment authorization is not a green card, nor does it change the spouse’s derivative status in employment-based immigration.

02

How to Evaluate Claims That “H-4 Employment Authorization Will Be Eliminated”

The community document listed this question in 2020 but did not answer it. To evaluate such rumors, look only at two things: the USCIS page on current eligibility and officially published rules that have taken effect. The USCIS page accessed by this site on 2026-10-10 (last updated 2024-08-02) still listed the eligibility criteria above.

This site has not verified, through official sources, any rule in effect eliminating this employment authorization; if there are future changes, the USCIS page should be treated as authoritative. Rumors themselves do not change anyone’s eligibility.

03

Relationship to I-140

The first eligibility category depends on being the “principal beneficiary of an approved I-140,” so although I-140 approval does not equal a green card, it may affect whether the spouse can work. For the distinction between an I-140 and a green card, see the article “PERM, I-140, and Green Cards.”