One of the most common issues that arises among H-1B visa holders is whether their spouse has the ability to work in the United States. The H-1B visa is a work permit for highly qualified foreign professionals in fields such as technology, engineering, health, science, and others. While the visa holder has the right to work in the country in his or her professional field, spouses of visa holders also have options to be able to work, but under certain conditions. In this article we explain how this process works.
Your spouse and unmarried children under 21 years of age may apply for admission under the H-4 nonimmigrant classification. Certain H-4 dependent spouses of H-1B nonimmigrants may file Form I-765, Application for Employment Authorization, provided the H-1B nonimmigrants have begun the process of applying for employment-based lawful permanent resident status.
Let us remember that the H1B Visa applies to persons who wish to provide services in a specialized job, services of exceptional merit and abilities related to a cooperative development or research project with the Department of Defense (DOD) or services as a haute couture model of distinguished merit or abilities.
Eligibility Requirements
An H-4 visa holder spouse may indeed work in the United States if certain specific conditions are met. These are the two main situations in which a spouse may obtain work authorization. You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:
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