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An H-4 dependent spouse of an H-1B non-immigrant can file Form I-765, Application for Employment Authorization to obtain an employment authorization document (EAD), if the H-1B non-immigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
As an "Alien Authorized to Work," the employee must provide an "A-Number" present in the EAD card, along with the expiration day of the temporary employment authorization. Thus, as established by form I-9, the EAD card is a document which serves as both an identification and verification of employment eligibility. [10]
The visa application must include an approved Form I-129 as well as other supporting documents necessary for the visa status. [6] For each of the classifications for which Form I-129 can be filed, there are associated visa classes for dependents (spouses and minor children), such as the H-4 visa for H visa holders and the O-3 visa for O visa ...
For those entering in a nonimmigrant visa status, the admission details are recorded by the CBP officer on a Form I-94 (or Form I-94W for nationals of the Visa Waiver Program countries for short visits), which serves as the official document authorizing the stay in the United States in a particular status and for a particular period of time. [8]
If the applicants spouse qualifies for L-1 status, they can apply for a change of status from H-4 to L-2 status and the spouse from H-1B to L-1 status. To obtain work authorization, submit Form I-765, Application for Employment Authorization, together with Form I-539, Application for Change or Extension of Status.
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).