Final Order of Deportation or Removal, including Deferral of Removal under the Convention Against Torture–(c)(18)

File Form I-765 with a copy of the following required documents:

EOIR IJ’s Order of Removal and Form I-220B, Order of Supervision (if any).
Marriage certificate of your dependent spouse and/or birth certificate if children in the United States who rely on you for support;
Existence of economic necessity to be employed – an affidavit stating your income is required for basic family needs; and
Anticipated length of time before you can be removed from the United States.
2 passport-style photos (see below)

Spouse of an E-1 Treaty Trader, E-2 Treaty Investor, or E-3 Specialty Occupation Professional from Australia–(a)(17).

File Form I-765 with:

Evidence of your lawful E nonimmigrant status (for example, your Form I-94, passport, or other travel document);
Evidence of your spouse’s lawful E nonimmigrant status (for example, a copy of your spouse’s Form I-94, passport, or other travel document) and your marriage certificate.

NOTE: Other relatives or dependents of E nonimmigrants in E status are not eligible for employment
authorization and cannot file under this category.

Spouse of an L-1 Intracompany Transferee–(a)(18).

File Form I-765 with:

Evidence of your lawful L nonimmigrant status (for example, your Form I-94, passport, or other travel document);
and
Evidence of your spouse’s lawful L nonimmigrant status (for example, a copy of your spouse’s Form I-94, passport, or other travel document) and your marriage certificate.

NOTE: Other relatives or dependents of L nonimmigrants in L status are not eligible for employment
authorization and cannot file under this category

Spouse of an H-1B Nonimmigrant–(c)(26).

File Form I-765 along with documentation of your current H-4 admission or extension of stay.

You must also submit documentation establishing either your spouse is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or your spouse received H-1B status based on the American Competitiveness in the Twenty-First Century Act (AC21) sections 106(a) and (b).

For your convenience, you may file Form I-765 with Form I-539.

However, USCIS will not process your Form I-765 (except filing fees), until after they have adjudicated your Form I-539.

You may also file Form I-765 at the same time as your Form I-539 and your H1-B spouse’s Form I-129, Petition for a Nonimmigrant Worker.

A. Proof of Your Status.

Submit a copy of your current Form I-797 Notice for Form I-539, or Form I-94 showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay; and

B. Proof of Relationship to the Principal H-1B.

Submit a copy of your marriage certificate. If you cannot submit a copy of your current Form I-797 Notice, Form I-94, or marriage certificate, we will consider secondary evidence of your relationship.

C. Basis for Work Authorization.

Acceptable documentation includes:

(1) Approved Form I-140.

Submit evidence the H-1B principal is the beneficiary of an approved Form I-140.

You may show this by submitting a copy of your spouse’s Form I-797 Notice for Form I-140; or

(2) H-1B Principal Received AC21 106(a) and (b) Extension.

Submit evidence that your spouse has been admitted or granted an extension of stay under AC21 sections 106(a) and (b).

You may show this by submitting copies of your spouse’s passports, prior Form I-94s, and current and prior Form I-797 Notices for Form I-129.

In addition, submit evidence to establish one of the following bases for the H-1B extension of stay.

(a) Based on Filing of a Permanent Labor Certification Application.

Submit evidence your spouse is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the date the period of admission authorized under AC21 sections 106(a) and (b) took effect.

You may show this by submitting a printout from the Department of Labor’s (DOL) website or other correspondence from DOL showing the status of your spouse’s Permanent Labor Certification Application.

If DOL certified the Permanent Labor Certification, you must also submit a copy of Form I-797 Notice for Form I-140 establishing the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification; or

(b) Based on a Pending Form I-140.

If the preference category sought for the principal H-1B spouse does not require a Permanent Labor Certification Application with DOL, submit evidence your spouse’s Form I-140 was filed at least 365 days prior to the date the period of admission authorized under AC21 sections 106(a) and (b) took effect.

You may show this by submitting a copy of the Form I-797 Notice for Form I-140.

(c) Secondary Evidence.

If you do not have the evidence listed in Items (a) or (b) above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse.

For example, in establishing the Basis for Employment Authorization as described in Items (1) and (2), you may submit the receipt number of your spouse’s most current Form I-129 extension of stay or Form I-140 approved on your spouse’s behalf.

EAD Photos

You must submit two identical color passport-style photographs of yourself taken recently.

The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

The two identical passport-style photos must be 2 by 2 inches.

The photos must be in color with a full face, frontal view, on a white to off-white background. Head height should measure 1 to 1 3/8 inches from the top of your hair to the bottom of your chin, and eye height is between 1 1/8 to 1 3/8 inches from the top of your eyes to the bottom of photo.

Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.