Can my spouse work in the US if I have an H1B visa?

One of the most common questions for H1B holders with families: Can my spouse (H4 visa holder) work in the US? The answer is: sometimes, under specific conditions.

H4 Visa Overview

Your spouse and unmarried children under 21 can come to the US on H4 dependent visas while you're on H1B. However, H4 status alone does NOT allow work.

When Can H4 Holders Work?

H4 EAD (Employment Authorization Document) - Main Path:

Your spouse can apply for work authorization (H4 EAD) if:

• You (the H1B holder) have an approved I-140 (immigrant petition), OR
• You have H1B status granted under sections 106(a) and (b) of AC21 (H1B extension beyond 6 years)

Important: Just having an H1B does NOT qualify your spouse for H4 EAD. The I-140 requirement is key.

Timeline to H4 EAD:

Total time: Often 2-4 years before spouse can work

H4 EAD Details:

What you get:

• Unrestricted work authorization
• Can work for any employer
• Can be self-employed
• Valid for 2 years (renewable)
• Can change jobs without restriction

Application process:

• File Form I-765 (Application for Employment Authorization)
• Filing fee: $410
• Documents needed: Copy of spouse's H1B approval, I-140 approval, marriage certificate, passport, photos
• Premium processing NOT available for H4 EAD

Current Wait Times:

• H4 EAD processing: 3-8 months (varies by service center)
• Can be frustrating, especially if processing delays

What If I-140 Not Yet Approved?

Options for your spouse:

1. Study: H4 holders can study (F1 not required)
2. Volunteer: Unpaid volunteering is allowed
3. Start a business (but not work in it): Can own business, hire employees, but cannot "work"
4. Remote work for foreign employer: Controversial - technically may be allowed if all work is for company abroad, paid abroad, but gray area

Recent Policy Changes to Watch:

The H4 EAD program has faced legal challenges. As of 2026:

• Program still active and accepting applications
• Processing times remain long
• Some calls to eliminate program, but currently intact
• Biden administration had proposed expanding eligibility (not yet implemented)

Financial Impact:

Many families struggle with single income during the years before H4 EAD:

• Housing in high-cost tech areas: $2,500-4,000/month
• Single H1B income must cover entire family
• Childcare costs often prohibitive on one income

Alternative Options:

Spouse gets own visa:

• H1B: If spouse qualifies for specialty occupation
• O1: If spouse has extraordinary ability
• L1: If spouse has qualifying employment abroad
• F1: Student visa (limited work via OPT/CPT)

Change immigration path:

• EB1A/EB1B: No PERM required, faster I-140
• EB2 NIW: Self-petition, spouse can get EAD when I-485 filed
• If priority date is current, both can file I-485 and spouse gets EAD

The H4 EAD situation is one of the most discussed pain points in the H1B community. Planning your green card timeline early helps your spouse get work authorization sooner.