Reinvent NY
All Visa Types

H-4 Dependent Visa

Dependent visa for spouses and unmarried children under 21 of H-1B, H-2A, H-2B, and H-3 visa holders.

107,276

Visas Issued FY2023

No separate cap

Separate Cap

Certain H-1B spouses

EAD Eligibility

What is the H-4 Visa?

The H-4 visa is a nonimmigrant dependent visa issued to the immediate family members (spouse and unmarried children under 21) of H-1B, H-2A, H-2B, and H-3 visa holders. H-4 visa holders can live in the United States and attend school. Certain H-4 spouses of H-1B visa holders whose employers have filed an approved I-140 petition or who have been granted H-1B status beyond the sixth year are eligible to apply for an Employment Authorization Document (EAD) to work in the U.S.

Eligibility Requirements

Must be the spouse or unmarried child under 21 of an H-1B, H-2A, H-2B, or H-3 visa holder
Principal H visa holder must be in valid status
EAD eligibility: H-4 spouse of H-1B holder with approved I-140 or H-1B extension beyond 6 years
Must demonstrate intent to depart the U.S. when the principal's status terminates

Application Process

1

Principal H visa holder obtains or maintains valid H status

2

H-4 applicant completes Form DS-160 and applies at a U.S. Embassy or Consulate

3

Attend visa interview with proof of relationship and principal's H visa status

4

If eligible for EAD, file Form I-765 with USCIS after entering the U.S.

Duration of Stay

Same as the principal H visa holder's authorized stay

Frequently Asked Questions

QCan H-4 visa holders work in the United States?

Most H-4 visa holders cannot work. However, H-4 spouses of H-1B holders are eligible for an Employment Authorization Document (EAD) if the H-1B holder has an approved I-140 immigrant petition or has been granted an H-1B extension beyond the standard 6-year maximum under AC21.

QCan H-4 visa holders attend school?

Yes, H-4 visa holders can enroll in school at any level, including elementary, secondary, and higher education, without needing to change to F-1 student status. There are no restrictions on the type or duration of study.

QWhat happens to H-4 status if the H-1B holder changes jobs?

If the H-1B holder changes employers, the new employer must file a new H-1B petition. The H-4 dependent's status is tied to the principal's, so the H-4 holder should also file for an extension or amendment to maintain valid status. If the H-1B status lapses, the H-4 status also terminates.

Related Visa Types

Related Immigration Forms

Bringing your family to the U.S. on an H visa?

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