H-4 Dependents

Spouses and unmarried minor children (under 21 years of age) of an H-1B principal are eligible for H-4 status.

Generally, individuals holding H-4 status may remain in the U.S. for the same period as the H-1B principal, provided the proper extensions requests are filed with USCIS if the H-1B principal extends H-1B status.

Individuals in H-4 status may study full or part time. Some individuals in H-4 status may apply for an Employment Authorization Document (EAD) based on a pending green card application.

H-4 Status

Obtaining an H-4 Visa Stamp if Dependent is Outside the US

All dependents who plan to enter the US in H-4 status must apply for an H-4 visa stamp at a US Consulate outside the US with the exception of Canadian Citizens. Please visit the Consulate’s website at http://usembassy.state.gov/ for items needed to apply for the H4 visa. Do not complete a Form I-539 for Dependents who are not currently holding a non-immigrant status (i.e. H-4, J-2, F-2) in the US.

Dependents holding valid status in the US

USCIS should adjudicate the H-1B petition and the H-4 Application/EAD Applications at the same time if they are included with the H-1B petition. H-4 applications filed separately from the H-1B petition will not adjudicated along with the H-1B petition. The H-1B Applicant must submit a Release Form

I-539 (H-4) applications are personal applications, therefore ISSS cannot review the information on the applications, supporting documentation, or USCIS payment provided to ISSS.

ISSS can only review the following sections to ensure they match with the H-1B information:

- On Form I-539: Part 2 to ensure the information matches with H-1B petition.
- On Form I-539: Part 3 question 1, requested status end date to ensure date matches with H-1B petition.
- Correct fee amount is indicated on the USCIS payment

**The completed H-4 request: I-539 applications, USCIS payment, and supporting documentation will be included with the H-1B request without further review.**

H-4 Release Form

General H-4 Application Guidance

Contingency on H-1B principal's status

Although an H-4 nonimmigrant is admitted to the United States for a fixed period of stay, the H-4's status is contingent upon the continued validity of the H-1B principal's status. Unlike H-1B status, however, H-4 status is not specific to an employer. As long as the period of authorized stay has not expired on the H-4's I-94, the H-4 nonimmigrant remains in valid status as long as the H-1B principal continues to maintain status, even if the H-1B principal changes employers. No action is required on the part of the H-4 nonimmigrant when the principal H-1B changes employers within the H-1B classification, unless the H-4's I-94 will be expiring, in which case an extension of stay application must be filed by the H-4 before the I-94 expiration date.

Employment for Certain H-4 Dependents

H-4 Status Frequently Asked Questions

Can I travel outside the US and reenter in H-4 status?

An H-4 nonimmigrant may reenter the US with a valid H-4 visa, provided the H-1B principal continues to maintain H-1B status. Traveling with proof of the H-1B's maintenance of status (e.g., copy of I-797 approval notice, proof of continued employment, etc.) is recommended, particularly if the dependent needs to obtain a new H-4 visa before reentering.

An H-4 nonimmigrant who has applied for adjustment of status as a derivative of an H-1B's green card application may be eligible for Advanced Parole. Consult with the attorney handling the H-1B’s green card application.

You can read more about international travel here.

Am I eligible to work in the US?

H-4 nonimmigrants are generally ineligible to work in the US. However, certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status are permitted to apply to USCIS for an Employment Authorization Document (EAD) that will allow them to work in the US. The H-1B should speak with the attorney assisting with her/his green card application for instructions on filing for an EAD.

H-4 dependent spouses of H-1B nonimmigrants are eligible to apply for an EAD under this rule only if their H-1B spouse:

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 (That Act permits certain H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status).

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required filing fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States. H-4 spouses who do not meet the regulatory conditions described above, and H-4 children, are not eligible to apply for an EAD.

If permission for employment is granted, an Employment Authorization Document (EAD) is issued and is valid for any kind of full-time or part-time employment for the period of time stated on the EAD.

The employment authorization is valid only if the H-1B Worker is maintaining status.

May I take classes / earn a degree in the US?

H-4 dependents may study in the U.S., full- or part-time, but the duration of their stay is dependent on the H-1B's period of stay. Dependents should weigh the benefits of changing their status to F-1 versus remaining in H-4 status. H-4 dependents are not subject to the F-1 requirement to pursue a full course of study, but they are not eligible for F-1 benefits such as on-campus employment and practical training. Consult with an immigration attorney to discuss your options as F-1 Student Status does not have dual intent, unlike H-4 status. If the H-1B will apply for a green card, changing to F-1 Student Status may not be wise.

What happens when dependent children turn 21?

When H-4 dependent children turn 21, they are no longer considered "children" under the I.N.A, and are thus no longer eligible for H-4 status. To remain in the US, they must change to another nonimmigrant status.

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