I’m from Turkey and currently living in Texas on an H-1B visa. I’ve been working for a tech company here since October 2022, and my visa is valid for three years. My spouse came with me on an H-4 visa but hasn’t been able to work yet. We’ve heard there might be options for H-4 spouses to get work authorization in certain cases. We’re trying to plan ahead financially and would like to know if there’s a way for my spouse to apply for a work permit while I’m still on H-1B, or if we have to wait until I get a green card. What are our options, and how does it work?

H-4 spouses can apply for a work permit (Form I-765) only if the H-1B holder has an approved I-140 petition, part of the employment-based green card process. Without that, H-4 visa holders aren’t eligible for work authorization under current USCIS rules.

If you're planning to pursue a green card through your employer, ask them to start the process early. Once the I-140 is approved, your spouse can apply for the EAD (employment authorization document), which is typically valid for as long as H-4 status remains.

Until then, your spouse can explore volunteer work or academic opportunities that don’t require employment authorization. But working for pay, even remotely or self-employed, without an EAD is not allowed and could affect future immigration applications.