H4 Visa

The H-4 dependent visa is a nonimmigrant visa which allows the dependent spouse and children under 21 of a principal H visa holders to enter, live and study in the U.S. The H work visa categories include H-1B, H-2A/H-2B, and H-3.

With an H-4 visa, you can:

1. Enter the U.S. along with your spouse or join him/her later
2. Travel in and out of the U.S. or remain in the U.S. continuously as long as your spouse maintains their status
3. Study at any U.S. educational institution, including higher education (college/university)

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Check My Eligibility

Your H-4 status generally depends on the status of the principal H visa status. For example, an H-1B visa holder is generally granted status for 3 years (6 years maximum). Therefore, if your spouse’s H-1B visa expires in 3 years, your H-4 will expire in 3 years as well.

It’s also important to remember that the H-worker loses their status, the H-4 dependent loses their status as well.

Generally, H-4 dependents cannot work in the U.S.

However, there is a limited exception for H-4 spouses of those in H-1B status. H-4 spouses in this category can be eligible for the H-4 EAD. To be eligible to apply for H4/EAD, the H-4 dependent must be the spouse of an H1B nonimmigrants who:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has received one-year extension of H1B status beyond the sixth year under the American Competitiveness in the 21st Century Act of 2000, based on a filed I-140 or labor certification.

Yes, you may study on H-4 visa at any grade level, including pursuing higher education at the college/university level. You need not apply for F-1 student visa.

Yes, if you are in the U.S. in H-4 status, you may apply for extension of stay of your status. The H-4 extension should be granted as long as the principal H visa holder maintains status.

Note: Your status depends on the status of principal H visa status. You lose your H-4 status once the principal H visa holder loses status.

Yes, if you are in the U.S. in H-4 status, you may apply for change of status to another nonimmigrant status. However, you cannot take up the new activity/endeavor until the change of status is granted.

You can also check out Work Visas, Study Visas for further details.

No, there are no general travel restrictions for H-4 visa holders. You may travel as many times as possible while you are in H-4 status and if you have a valid H-4 visa in your passport.

Note: Citizens of certain countries are subject to reciprocity rules which may limit the duration of an H-4 visa or control how many times a single visa can be used for travel.

Once the principal H applicant receives the Form I-797, Notice of Approval from the USCIS, the spouse and dependents can apply for an H-4 visa at the U.S. Consulate along with the H principal applicant or once they have already obtained a visa or H status.

You apply for H-4 visa by submitting:

1. A filled-in Form DS-160, Nonimmigrant Visa Application
2. One recent color photograph two inches square (50mm x 50mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering
3. A passport, valid for travel to the U.S. for at least six months longer than your intended visit
4. A copy of the marriage certificate in case you are a dependent spouse
5. Birth certificate in case you are a dependent child below 21 years of age

If you maintain valid nonimmigrant status in the U.S., you can change your status to H-4 by submitting the Form I-539, Application to Extend/Change Nonimmigrant Status. You can file the H-4 Change of Status along with the H principal applicant or once they have obtained H status.

The H-4 Change of Status should be submitted with the following documents:

1. Evidence of the H applicant’s valid status (Form I-797, Notice of Approval from the USCIS, Form I-94, and pay stubs (if applicable)
2. Evidence of your relationship (marriage certificate if you’re the spouse, birth certificate if you’re a child under 21)
3. Copy of your passport, and valid nonimmigrant status in the U.S. (visa, any relevant USCIS approval notices, I-94, and any other documents indicating valid status in the U.S.)

There is currently no Premium Processing available for the Form I-539 for H-4. If you submit your application concurrently with your spouse’s H petition and Premium Processing is selected for that petition, USCIS may, as a courtesy, process the H-4 application at the same time.