H-4 Dependent Visa

What is it?

The H-4 visa allows spouses and unmarried children under 21 of H-1B workers to live in the United States. H-4 holders may study and attend school. H-4 spouses whose H-1B spouse has an approved I-140 immigrant petition may apply for an H-4 EAD (Employment Authorization Document), allowing them to work in any job without restriction.

Who needs it?

Spouses and unmarried children (under 21) of valid H-1B visa holders. Children born in the US are US citizens and do not need H-4 status. The principal H-1B holder must maintain valid status for the H-4 holder to remain in status.

Required Documents

• Form I-539 (Application to Extend/Change Nonimmigrant Status) — if already in the US
• DS-160 and visa application fee (for consular processing abroad)
• Principal H-1B holder's valid visa, I-94, and I-797 approval notice
• Marriage certificate (for spouse) or birth certificate (for children)
• Certified translations of all non-English documents
• Passport valid for at least 6 months beyond stay
• Two passport photos
• Form I-765 + I-140 approval notice (if applying for H-4 EAD)

Common Mistakes to Avoid

• Applying for H-4 EAD without a principal spouse who has an approved I-140
• Overstaying H-4 status when H-1B spouse changes or loses their status
• Children aging out — H-4 status ends at 21; timely planning is required
• Not updating H-4 status when H-1B is extended or changed
• Missing the I-539 filing deadline — must file before H-4 status expires

Approval Tips

• File the H-4 concurrently with the H-1B petition to save time
• If the H-1B spouse has an approved I-140, apply for H-4 EAD immediately — it allows unrestricted work
• Keep copies of the H-1B principal's I-797 and I-94 at all times
• Track expiry dates carefully — H-4 status is tied to H-1B validity