Introduction

When you come to the U.S. on an H-1B visa to work, you don’t want to be separated from your spouse or children for several years. That’s where H-4 visas come in. With H-4 visas, your spouse and dependent children can come to the U.S. with you.

In this article, we’ll explain everything you need to know about who is eligible for H-4 visas, how to apply, and more.

What is an H-4 visa?

An H-4 visa is a dependent visa that allows the spouse and unmarried children (under 21) of certain H category visa holders to live in the U.S. while their family member works here.

The H-4 category is most commonly associated with the H-1B visa, a nonimmigrant visa for temporary workers in specialty occupations. The H-1B visa is typically used by workers in software development, tech, science, or engineering roles. It requires a bachelor’s degree or higher. Besides specialty jobs, the H-1B visa can also be used for people working on certain Department of Defense projects (H-1B2) and for highly skilled fashion models (H-1B3).

But the spouses and children of people on the following temporary worker visas can also receive an H-4 visa:

• H-2A – Temporary agricultural workers
• H-2B – Temporary non-agricultural workers, such as for seasonal and one-time-occurring work
• H-3 – Trainees or special education exchange visitors

H-4 visas come with lots of benefits of living in the U.S., but they also come with some restrictions. Here is a quick list of what they allow and do not allow.

Who is eligible for an H-4 visa

• Spouses of nonimmigrant temporary workers on an H visa
• Unmarried children (under 21 years old) of nonimmigrant temporary workers on an H visa

What an H-4 visa allows

• Live in the U.S. while the primary visa holder maintains lawful status

• Attend school or university (H-4 holders can study without switching to an F-1 visa)
• Apply for employment authorization, if the primary visa holder has H-1B status and is the principal beneficiary of an approved Form I-140 with a backlogged priority date

What an H-4 visa does not allow

• Work for an employer, be self-employed, or be paid for services while in the U.S. unless you’re approved for an Employment Authorization Document (EAD) (more on this in a bit)
• Maintain an independent status that is separate from the principal H visa holder

How to apply for an H-4 visa if you’re inside the U.S.

Dependent spouses and children already in the U.S. can apply for a change of status if a primary applicant is pursuing an H-1B visa. The application for a change of status to H-4 can be filed along with the petition for an H-1B visa (Form I-129, filed by an employer or sponsor in the U.S.), or it can be done after the primary beneficiary is approved for an H-1B. Here are the steps for applying for an H-4 visa in the U.S.

1. Gather the required documents, which may include: (a) A copy of Form I-94 for each dependent; (b) Proof of relationship to the H-1B worker (marriage certificate for spouse, birth certificate for children); (c) At least one of the following: a copy of Form I-129 filed on behalf of the H-1B worker; a copy of the Form I-797 receipt notice for a pending H-1B petition; a copy of the H-1B holder’s most recent Form I-94; or a copy of the Form I-797 approval notice for the H-1B worker.
2. Complete the I-539 online application form if you’re applying for yourself. (USCIS: https://www.uscis.gov/i539online) If you’re submitting multiple people on one form, you can file together using the paper I-539 form. (USCIS: https://www.uscis.gov/i-539)
3. Pay the filing fee. (USCIS fee page: https://www.uscis.gov/g-1055?form=i-539) The I-539 filing fee is $420 per applicant if filing online and $470 per applicant if filing through the mail.
4. Provide biometrics (if required). USCIS may require you to schedule an appointment to provide digital copies of your fingerprints and photo.
5. If approved, you will receive an I-797 approval notice from USCIS confirming your H-4 status, which allows you to remain in the U.S. or change your status accordingly.

How to apply for an H-4 visa if you’re outside the U.S.

Once the primary applicant’s petition is approved (such as Form I-129 for H-1B beneficiaries), their spouse or qualifying children can apply for an H-4 visa from outside the U.S. by following these steps:

1. Complete the DS-160 online application form. (U.S. Dept. of State: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application.html)
2. Pay the visa application fee. You will need to check your local U.S. embassy or consulate for these fee instructions. (Directory: https://www.usembassy.gov/)
3. Schedule a visa interview at a U.S. embassy or consulate.
4. Gather required documents. These might include: valid passport; DS-160 confirmation page; visa fee receipt; photo; marriage certificate (for spouse) or birth certificate (for children); copy of the H-1B’s Form I-797 (approval notice); copy of the H-1B’s visa stamp and passport ID page; H-1B worker’s recent pay stubs and/or employment verification letter.
5. Attend your visa interview. They might make an electronic record of your fingerprints or digital photo (known as biometrics) at this interview.
6. If approved, you’ll get a visa stamp in your passport. The visa stamp permits you to travel to the U.S. and present it at a port of entry.

How long are processing times for H-4 visas?

Processing times vary by country because individual U.S. embassies and consulates have different staff levels and see different levels of demand for visas.

The State Department shows how long it typically takes to get an interview appointment at different locations around the world. You can book an appointment in some cities within a few weeks, but some locations show wait times of a few months. (Visa wait times: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html)

How to get work authorization while on an H-4 visa

If a spouse on an H-4 visa wishes to work, there are a couple of scenarios that allow them to apply for an Employment Authorization Document (EAD). Only spouses of H-1B visa holders can receive employment authorization; other types of H visas don’t qualify.

They can seek an EAD if their H-1B spouse has:

• An approved Form I-140 to obtain a Green Card, or
• Has been granted an H-1B status extension under sections of the American Competitiveness in the Twenty-First Century Act (AC21), which allows them to work beyond the six-year limit while pursuing a Green Card. This status is given if the H-1B visa holder’s I-140 has been pending for more than 1 year.

To apply for an Employment Authorization Document, file Form I-765. (USCIS: https://www.uscis.gov/i-765)

If approved, you’ll receive an EAD card that gives you the flexibility to work for any employer in the U.S.

How long can you stay in the U.S. on an H-4 visa?

H-4 status is in the temporary, nonimmigrant category of visas, so it’s valid only for as long as the primary H visa holder maintains lawful status. For H-1B visas, if the H-1B expires and is not extended, H-4 status also ends.

Let’s take a look at some different scenarios that affect an H-4 status through the lens of its most common primary visa, the H-1B.

If the H-1B visa expires

The H-4 visa automatically expires with it.

Dependents (remember that term includes spouses and children under 21) may have to leave the U.S. or file to change status.

If the H-1B holder extends status

H-4 dependents need to file an extension (Form I-539) at the same time to keep their lawful status.

If the H-1B job is terminated

Both the H-1B and H-4 holders are usually given a 60-day grace period, as long as there is still time before their departure date on their I-94 record.

• The H-1B worker can use that time to seek a new H-1B role with a new employer.
• Dependents can explore their options for a change of status. For example, a spouse could seek their own H-1B role and employer. A dependent child who is old enough for college might seek a student visa.

If the H-1B holder applies for a change of status

In this scenario, H-4 dependents must also apply for a matching change of status.

• For example, if the H-1B switches to O-1, dependents would apply for O-3. If the H-1B changes to F-1, dependents might switch to F-2.
• If dependents don’t file their own change of status, they fall out of status once the H-1B change is approved. This could affect their ability to stay in the U.S.

Travel considerations to keep in mind if your H-4 status changes

If they’re outside the U.S. and seek reentry, H-4 dependents need to have a valid H-4 visa stamp in their passport.

If the H-1B changes employers or extends status, the existing visa stamp is valid until it expires. Dependents should carry updated approval notices when traveling.

Can H-4 holders get Green Cards?

H-4 visa holders can get a Green Card. As derivative beneficiaries of the primary H-1B holder, you and/or your children need to wait until the H-1B holder applies for a Green Card. When the H-1B’s I-140 petition is approved, an H-4 visa holder can apply for employment authorization.

After the primary beneficiary has received lawful permanent residence status (Green Card), they can petition for their dependents to receive Green Cards by filing a separate Form I-130 for each family member. (USCIS: https://www.uscis.gov/i-130)

Then, when a visa is available, the H-4 beneficiaries will each need to file Form I-485 to adjust their status to lawful permanent resident. (USCIS: https://www.uscis.gov/i-485)

How Keller Law can help H-4 visa holders who want to remain in the U.S.

The H-4 visa allows families to stay together while an H-1B works in the U.S. With the ability to study, and in some cases work, the H-4 visa can help dependent spouses and children build lives in the U.S. But keep in mind the H-4 status is always tied to the principal H-1B visa holder’s status.

Is your H-1B status changing? Or would you like to pursue a Green Card and have questions about the best path for changing H-4 visa statuses for your spouse and dependents?

An experienced immigration attorney from Keller Law can give you advice tailored to your specific, unique situation. Book a consultation today to learn more and get support every step of the way.