H-4, L-2, EAD

Spouse work permits

Spouses of some work-visa holders may work in the United States, under rules that differ by category. H-4 spouses of H-1B workers need an Employment Authorization Document (EAD) and qualify only in certain situations. L-2 spouses of L-1 workers are authorized to work because of their status. We confirm eligibility, file on time and help employers understand the documents.

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Last reviewed September 2026

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An Employment Authorization Document, or EAD, is a card issued by U.S. Citizenship and Immigration Services that proves a person may work in the United States for a set period.

See the glossary

Who this is for

H-4 spouses whose H-1B partner has an approved immigrant petition (Form I-140)
H-4 spouses whose H-1B partner extended status beyond six years under the AC21 rules
L-2 spouses who need documents that satisfy an employer's I-9 verification
Spouses facing a gap between an expiring card and a new job

How we help

Eligibility and timing: We confirm the basis for eligibility and plan the filing date, since renewal applications filed on or after 30 October 2025 no longer receive an automatic extension.
Combined filings: Where it helps, we file the H-4 extension and the work permit application together.
Employer communication: We explain the documents to human resources teams so the spouse can start work as soon as authorization allows.

Forms involved

I-765Application for Employment Authorization
I-539Application to Extend or Change Nonimmigrant Status

Government filing fees are listed on our filing fees page.

Timeline

Work permit applications commonly take a few months, and times shift often. Because automatic extensions ended for most renewals filed on or after 30 October 2025, we recommend filing a renewal as early as the rules allow, which is generally up to 180 days before the current card expires.

Document checklist

A starting list. We send a checklist for your case after the consultation.

Marriage certificate
Spouse's approval notice (I-797) and, for H-4 EAD, the approved I-140 or AC21 extension evidence
Current I-94 records for both spouses
Passport and current EAD card, if renewing
Two passport-style photographs

“My work permit was close to expiring and a job offer was waiting. They filed on the first possible day and explained the timing to my employer, so nobody was surprised.”

Priya S., Columbia, MDH-4 work permit

These reviews are illustrative examples while client reviews are being collected.

Questions clients ask

Can every H-4 spouse work?

No. An H-4 spouse may apply for work authorization when the H-1B spouse has an approved Form I-140 immigrant petition, or has extended H-1B status beyond the usual six years under the American Competitiveness in the 21st Century Act (AC21).

Do L-2 spouses need a work permit card?

L-2 spouses are authorized to work incident to their status. An I-94 record showing the L-2 spouse designation, together with an unexpired passport, can serve as evidence for employment verification. Some spouses still choose to hold an EAD card for convenience.

Will my card be extended automatically while the renewal is pending?

For most renewal applications filed on or after 30 October 2025, no. A Department of Homeland Security rule ended the automatic extension, so early filing matters.

When can I file a renewal?

Generally up to 180 days before the current card expires.

Can I start a business on an H-4 EAD?

An H-4 EAD is not tied to one employer, so self-employment is generally permitted while the card is valid. The visa status itself still depends on the H-1B spouse.

What if my spouse changes employers?

A new H-1B employer files a new petition, and the H-4 status and EAD eligibility should be reviewed at the same time.

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