If you’re in the U.S. as the spouse of a visa holder and you’re being mistreated, you might feel stuck. You may rely on your spouse’s immigration status or income and worry that taking action will put your own future at risk. But there is a way forward. A little-known part of immigration law allows certain spouses who have been abused to apply for a work permit on their own. No need for your spouse’s consent or involvement. This protection was created under the Violence Against Women Act (VAWA) in 2005 and is part of the Immigration and Nationality Act, section 106. Many people don’t know this exists. At KAZA Law, we help clients use this path to gain independence and start rebuilding their lives.
Who Can Use This Option
This benefit applies to spouses of people on specific nonimmigrant visas. You may qualify if your spouse is on one of the following:
- A visa (diplomatic staff)
- E-3 visa (Australian professionals)
- G visa (employees of international organizations)
- H visa (primarily H-1B workers)
You do not need to be currently living with your spouse. You can be separated, but you must not be remarried. The abuse must have occurred during the marriage.
What Counts as Abuse
The legal standard is “battery or extreme cruelty.” It includes more than just physical violence. Abuse can take many forms, including:
- Threats, intimidation, or isolation
- Verbal or emotional abuse
- Controlling your money or withholding resources
- Monitoring your movements or limiting your access to others
- Physical harm or the threat of it
If you’ve felt afraid to speak up, forced to depend on your spouse, or pressured into silence, you may qualify.
How to Apply
You can apply for work authorization by submitting Form I-765V to USCIS. There is no filing fee. You do not need your spouse’s signature or approval. If approved, you will receive a work permit valid for two years. It can be renewed. This permit gives you the ability to earn your own income, build credit, and take the first steps toward independence.
What You’ll Need
To support your application, you should include:
- A copy of your I-94 showing valid admission in A, E-3, G, or H status
- A copy of your marriage certificate
- Evidence of your spouse’s visa status (such as an approval notice)
- Proof of the abuse, which could be: – Police or court records – Medical reports or therapy letters – Written affidavits from you or others who know what happened
- Proof you currently live in the U.S., like a lease, utility bill, or a letter from someone you trust
Other Options May Be Available Too
If the abuse involved criminal behavior like stalking, sexual assault, or domestic violence, you might also qualify for a U Visa. This offers additional benefits, including a path to a green card and protection for certain family members.
Final Thoughts
You may feel like you’re on your own, but you’re not. If you’re in an abusive situation and your spouse holds a qualifying visa, there are legal ways to take back control of your life.
At KAZA Law, we help noncitizen spouses explore all their options and file for work authorization without involving the abuser. Every consultation is private and confidential. Schedule a confidential consultation today to learn your options and take the first step toward reclaiming your future.
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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we covered how H-4 spouses who have experienced abuse may qualify for independent work authorization under INA § 106 — without needing their spouse’s consent. We also touched on how some individuals may qualify for additional protection through a U Visa. If you believe you or someone you know may qualify, or if you have questions about your options, schedule a confidential consultation with me by clicking this link.
Kaza Law PLLC
This article is general education, not legal advice. Every case turns on its specific facts. If you want guidance on your own situation, reach out and we will look at it with you.