Work permits for abused spouses on H-4 visas

This page covers the work permit for abused spouses of certain visa holders. It is general information, not legal advice. DNLH is not a crisis line or a law office. For safety planning, see Survivor safety. For the U visa, T visa and VAWA, see Immigration options for survivors.

Who can file Form I-765V?

You can, if all of this is true:

1. You came as the spouse of a visa holder. You were admitted on an H-4 visa (spouse of an H-1B or other H worker), or as the spouse of an A (diplomat), E-3 (Australian specialty worker) or G (international organization) visa holder (8 U.S.C. 1105a).
2. You came with your spouse or joined them later. The law calls this "accompanying or following to join."
3. You were abused during the marriage. Your spouse battered you or treated you with "extreme cruelty," or did that to your child. Extreme cruelty can include threats, isolation, control over money and documents, and other abuse that leaves no bruise.

The work permit is separate from your spouse's case. You file it yourself. ILRC, a national immigrant legal resource center, says the H-1B holder is not notified that you applied (ILRC advisory, June 2021).

What should I send?

USCIS lists this initial evidence for Form I-765V:

• Proof of your status: your H-4 visa, I-94 record or approval notice
• Your identity and nationality: a copy of your passport or another ID
• Proof of your spouse's status: their H-1B approval notice, visa, I-94 or pay stubs from the H-1B job. If you cannot get these, ILRC says USCIS may look up your spouse's record with their name and birth date.
• Proof of the marriage: a marriage certificate, or a sworn statement if you cannot get it
• Evidence of the abuse (see below)
• Two identical color passport style photos

Can't get a document? Send a signed statement explaining why, along with any other credible evidence (USCIS I-765V page). Abusers often hide papers. That is common, and USCIS allows for it.

Documents in another language need a full English translation and a translator's signed statement that they are competent and the translation is accurate.

Do not send originals unless USCIS asks for them. Sign the form. USCIS rejects unsigned forms.

What counts as evidence of abuse?

ILRC lists the kinds of credible evidence that can help (ILRC advisory):

• Police reports or 911 records
• A restraining order or protective order (include a copy if you have one)
• Court records
• Medical records, photos of injuries
• Records from a shelter, counselor, social worker or domestic violence program
• Sworn statements from you and from people who saw what happened or saw how it changed you

Your own detailed statement matters. Write what happened, when, and how it affected you and your children. An advocate or lawyer can help you write it.

How do I file?

1. Get help first. A free legal group can check your eligibility and tell you about other options before you file.
2. Fill out Form I-765V. Use the edition dated 07/23/20.
3. Gather the evidence above. Make copies. Keep a full copy for yourself in a safe place.
4. Mail the packet to the USCIS Vermont Service Center, Attn: Humanitarian Division, 38 River Road, Essex Junction, VT 05479-0001. The same address works for USPS, express mail and courier.
5. Go to your biometrics appointment if USCIS schedules one. There is no charge for it.
6. Watch your mail at your safe address for a receipt notice and any request for more evidence.

Cost: USCIS charges no fee for Form I-765V (8 CFR 106.2). For other forms tied to this benefit, you may be able to ask for a fee waiver (8 CFR 106.3).

Processing time: USCIS does not list one on its I-765V page. Plan for a wait.

What can this work permit do, and what can't it?

It can:

• Let you work for any employer in the U.S. for the time printed on the card
• Help you earn money, rent a place and build independence from your spouse

It cannot:

• Give you immigration status. The law says this work permit does not give you any other form of relief (8 U.S.C. 1105a(b)). USCIS also says it does not extend your status (USCIS I-765V page).
• Keep you here on its own. Your H-4 status depends on your spouse's H-1B status and on the marriage.

How long it lasts: USCIS says only "a limited period of time." The Immigrant Legal Resource Center describes a USCIS memo (PM-602-0130, March 8, 2016) that grants it for 2 years and allows renewal while your spouse keeps H-1B status (ILRC advisory, June 2021). USCIS's own I-765V page does not state a length, so ask your lawyer what end date to expect.

Renewing: USCIS asks for new photos, proof you live in the U.S., proof your spouse still holds valid status on the day you file, and proof of your earlier I-765V approvals (USCIS I-765V page).

What if we are divorced or separated?

Separated: you do not need to live with your spouse to file. ILRC says you only need to have been admitted as an H-4 and remain married or fit the divorce rule.

Divorced: ILRC says a former spouse may still qualify if the marriage ended within 2 years before filing and the divorce was connected to the abuse (ILRC advisory). USCIS's own I-765V page says you may file if you are "or were" the abused spouse, but it does not give a time limit after divorce. Confirm this with a lawyer before you rely on it.

Remarried: ILRC says remarrying before USCIS decides leads to denial (ILRC advisory). Ask a lawyer before you remarry.

Divorce and your H-4: divorce generally ends H-4 status, because the law gives H-4 status to the spouse of the H-1B worker (8 U.S.C. 1101(a)(15)(H)). Talk to an immigration lawyer before you file for divorce, so you know what it means for your stay and your children.

What other options should I ask about?

The I-765V lets you work. It does not let you stay. Ask a lawyer about these, which can lead to longer protection:

• U visa. For victims of certain crimes, including domestic violence, who help police or prosecutors. See Could I qualify for a U visa?
• VAWA self petition. Only if your abuser is a U.S. citizen or permanent resident (8 U.S.C. 1154(a)(1)). If your H-1B spouse got a green card, or is close to one, ask about this right away. A former spouse can file within 2 years of a divorce connected to the abuse.
• Your own visa. Some spouses qualify for their own H-1B, student visa or other status.
• T visa if you were forced to work or forced into sex. See Who counts as a trafficking survivor?

What about my children?

If your children are on H-4 visas too, their status also depends on the H-1B parent. The I-765V does not cover them. Child custody can be complicated when one parent has the visa. Talk to a family lawyer and an immigration lawyer together if you can.

In California, you can ask a court for a domestic violence restraining order whatever your status. See What a domestic violence restraining order means for immigration.

What mistakes should I avoid?

• Filing without advice. A lawyer may spot a stronger option, like a U visa or VAWA.
• Using your shared address. Your spouse may see USCIS mail.
• Leaving the U.S. without advice. You may not be able to come back.
• Waiting after a divorce. If the 2 year rule applies, time counts.
• Paying a notario or consultant. Only a lawyer or DOJ accredited representative should advise you. See Warning signs of an immigration scam.

Where can I get free help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• National Domestic Violence Hotline (all states): 1-800-799-7233, text START to 88788, or chat at thehotline.org. Free, confidential, 24/7.
• Bay Area Legal Aid (Bay Area counties): immigration help for survivors. Advice line 1-800-551-5554. San Mateo County (650) 472-2666, Santa Clara County (408) 850-7066. baylegal.org
• AACI domestic violence hotline (Santa Clara County): 24/7 at 408-975-2739.
• Legal Aid Society of San Mateo County, LIBRE (San Mateo County): limited help with VAWA, U visas and other cases for vulnerable immigrants. LIBRE appointments (650) 517-8936; main line (650) 558-0915. legalaidsmc.org
• Tahirih Justice Center, San Francisco Bay Area office: 650-270-2100. tahirih.org
• More: Free legal help in the Bay Area and Survivor help.

Questions people ask

Will my spouse find out? ILRC says the H-1B holder is not notified. Your spouse could still see mail at a shared address, so use a safe one.

Do I need a police report? No single document is required. Police reports help, but so do medical records, shelter letters, messages and sworn statements.

My spouse never hit me. Do I qualify? Possibly. The law covers "extreme cruelty," not only physical violence. Describe what happened to a lawyer or advocate.

Can I file if my spouse lost their H-1B job? Renewal depends on your spouse holding valid status, according to USCIS's renewal list. If your spouse lost status, ask a lawyer quickly.

I am on an L-2 or F-2 visa. Does this apply? No. The law covers only spouses of A, E-3, G and H visa holders. Ask a lawyer about the U visa and other options.

Is there a checklist I can print?