H-4 Dependent Visa
Dependent visa for spouses and unmarried children under 21 of H-1B holders
Tied to
H-1B
EAD
I-140
Form
I-539
Overview
The H-4 visa is a dependent nonimmigrant visa available to the immediate family members β spouses and unmarried children under 21 β of H-1B, H-1B1, or H-3 visa holders. H-4 holders may live, study, and attend school in the United States. Importantly, eligible H-4 spouses of H-1B holders who are on an employment-based green card path may apply for an H-4 EAD (Employment Authorization Document), allowing them to work for any employer in the US.
Eligibility Requirements
Qualifying relationship to an H-1B holder
You must be the spouse or an unmarried child under 21 of a principal H-1B, H-1B1, or H-3 visa holder.
Principal H-1B holder must be in valid status
The primary H-1B holder must maintain valid H-1B status throughout the H-4 beneficiary's stay in the US.
H-4 EAD: I-140 approval or H-1B extension beyond 6 years
To qualify for an H-4 EAD, the H-1B holder must either have an approved Form I-140 (employment-based immigrant petition) or have been granted an H-1B extension beyond the initial 6-year limit under AC21.
Application Process
Apply for H-4 visa at a US consulate
1β8 weeks (varies by consulate)If you are outside the US, schedule a visa interview at a US embassy or consulate. Bring your DS-160 form, the principal H-1B holder's approval notice (I-797), proof of relationship (marriage certificate or birth certificate), and other supporting documents.
Enter the US in H-4 status
Upon arrivalUpon entry, US Customs and Border Protection will admit you in H-4 status. Your I-94 will reflect the authorized period of stay, typically matching the principal H-1B holder's status.
Apply for H-4 EAD (optional, if eligible)
3β6 months for USCIS processingIf eligible, file Form I-765 with USCIS to obtain an H-4 EAD. This requires the I-797 showing the principal H-1B holder's I-140 approval or extended status beyond 6 years.
Study or work (after EAD receipt)
OngoingH-4 holders may study at any level without restriction. H-4 EAD holders may work for any employer without restriction on occupation or hours.
Timeline
H-4 visa processing takes 1β8 weeks at a consulate. The H-4 EAD typically takes 3β6 months with USCIS. Plan ahead if the H-1B holder's status renewal is upcoming.