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My wife is on H4 VISA and is interested in doing ballon decoration for small birthday parties. Can she take such party decoration orders while on H 4 VISA.

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Individuals with an H-4 visa may work, but only after applying for, and being issued an Employment Authorization Document (EAD/Form I-766).

USCIS Employment Authorization for Certain H-4 Dependent Spouses

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:

  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

The Employment Authorization for Certain H-4 Dependent Spouses final rule (H-4 rule), effective on May 26, 2015, seeks to support the goals of attracting and retaining highly skilled foreign workers and minimizing the disruption to U.S. businesses resulting from H-1B nonimmigrants who choose not to remain in the United States and pursue LPR status.

For more information on the H-4 rule, please visit our Frequently Asked Questions (FAQ) page.

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