H-4 Dependents

Spouses and unmarried children under the age of 21 of an H-1B employee may qualify for H-4 dependent status. H-4 status is granted based on the principal H-1B employee’s approved petition and is dependent upon the validity of the H-1B status.

Who Qualifies

The following family members may qualify:

  • Legally married spouse of the H-1B employee
  • Unmarried children under 21 years of age

Proof of relationship (such as marriage or birth certificates) is required when applying.

Applying from Outside the U.S.

Dependents must:

  • Apply for an H-4 visa at a U.S. embassy or consulate (DS-160 Form)
  • Present the H-1B approval notice (Form I-797)
  • Provide proof of relationship
  • Provide any additional documentation required by the specific embassy or consulate

Visa issuance is at the discretion of the U.S. Department of State.

Applying from Inside the U.S.

Dependents currently in another valid nonimmigrant status may need to file Form I-539 with U.S. Citizenship and Immigration Services (USCIS) to request a change of status to H-4.

  • If filing for one dependent, the form can be filed online with a single fee.
  • If filing for multiple dependents, applicants should use paper Form I-539 and Form I-539A, and only one fee will be required.

Duration & Extensions

  • H-4 status is valid only for the same period as the principal H-1B approval.
  • When the H-1B employee files an extension, dependent extensions must also be filed to maintain lawful status.
  • Employees are responsible for ensuring dependent documentation is extended in a timely manner.
  • Failure to file a timely extension may result in loss of lawful status.

Employment Authorization

H-4 dependents are not automatically authorized to work in the United States.

  • Certain H-4 spouses may be eligible to apply separately for employment authorization (EAD) under limited federal provisions.
  • Eligibility requirements are determined by federal law and may change.
  • Human Resources does not adjudicate or guarantee employment authorization eligibility.

Study in H-4 Status

H-4 dependents may:

  • Attend school (including full-time study)
  • Enroll in academic programs

No separate student visa is required while in valid H-4 status.

Travel Considerations

When traveling internationally, H-4 dependents should carry:

  • Valid passport
  • Valid H-4 visa stamp (unless visa-exempt)
  • Copy of the H-1B approval notice
  • Proof of relationship (recommended)

Dependents should consult Human Resources before traveling if an extension or change of status is pending.

When H-4 Status Ends

H-4 status automatically ends when:

  • The principal H-1B status ends
  • The dependent child turns 21 years old
  • The dependent changes to another immigration status

Dependents approaching age 21 should consult an immigration professional regarding alternative status options.

Questions?

If you have questions regarding H-1B sponsorship, please contact Danielle Anderson or Brittani Anderson in Human Resources.

Disclaimer

The information provided on this website is for informational purposes only and should not be considered legal advice.