Can an H-4 Spouse of H-1B1 Principal work in the U.S.?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin. 

I have been asked a few times recently on whether an H-4 spouse of an H-1B1 (Singapore) principal is eligible to apply for an EAD (Employment Authorization Document or commonly known as a "work permit") to work in the U.S.

Unfortunately, the answer is: No.  

An H-4 spouse of an H-1B1 (Singapore) principal is ineligible to apply for an EAD.

In contrast, an H-4 spouse of a regular H-1B principal is eligible to apply for an EAD to work only in the following very limited circumstances: 

(i) If the H-1B principal has an approved I-140 Immigrant Petition; or

(ii) If the H-1B principal has been granted H-1B status beyond the maximum six-year H-1B period of admission limitation under a law called "AC21". 

In short, it is either impossible (if you are an H-4 spouse of an H-1B1 principal) or uncommon (if you are an H-4 spouse of a regular H-1B principal) for an H-4 spouse to be able to work in the U.S.  

If you (the H-4 spouse) are also a Singaporean citizen, you might wish to consider going for an H-1B1 (Singapore) work visa yourself if you are offered a position with an employer who wishes to "sponsor" you (and provided the H-1B1 eligibility requirements are being met in your case).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.