H4 Visa Guide for Dependants

The H4 visa is a United States nonimmigrant category designed for the spouses and unmarried children under 21 of H1B visa holders. It allows immediate family members to join the principal H1B worker in the US, maintaining lawful status for as long as the H1B holder remains eligible. The route supports family unity for skilled professionals relocating under the H1B visa, providing family members with a legal framework to live, study, and, in limited cases, work in the United States.

What this article is about: This guide explains who qualifies and how eligibility is assessed, sets out application processes from abroad and within the US, and examines the rights and restrictions attached to H4 status. It also covers H4 Employment Authorization Documents (EAD), renewals, travel rules (including automatic visa revalidation), and compliance considerations. By the end, applicants and sponsors should understand the scope of the H4 visa and the steps required to maintain lawful status in the US.

Section A: What is the H4 Visa?

The H4 visa is a dependent nonimmigrant category for the immediate family of H1B workers. It allows spouses and children to accompany or join the H1B principal in the United States while the principal performs specialty-occupation work under H1B status. H4 is not a standalone route; it is tethered to the principal’s immigration status and validity period.

1. Definition and purpose

The H4 visa provides lawful residence in the US to the spouse and qualifying children of an H1B worker. Its purpose is to preserve family unity during the H1B worker’s approved period of US employment. H4 status exists only while the principal maintains valid H1B status.

2. Who qualifies as an H4 dependant

Eligible dependants are (i) a legally married spouse (including a common-law marriage where valid in the place of celebration), and (ii) unmarried children under 21 years old. When a child turns 21, H4 eligibility ends and the child must move into another immigration category to remain in the US.

• Spouse: Legally recognised marriage to the H1B principal. Proof is required.
• Children: Unmarried and under 21 on the date of adjudication/entry.

3. Link to the H1B principal’s status

H4 validity is directly linked to the principal’s H1B status. If the principal’s H1B is approved, extended, amended or revoked, the H4 status follows. If the principal falls out of status, H4 status ends. Limited regulatory grace periods may apply to mitigate sudden loss of status after qualifying employment terminations.

4. Duration and validity

H4 status is typically granted for the same period as the principal’s H1B approval. Extensions can be obtained alongside H1B extensions, and new I-94 records should be issued reflecting the updated end date. Where the H4 holder travels internationally, re-entry generally requires a valid H4 visa stamp unless a narrow automatic visa revalidation exception applies for short trips that meet strict conditions.

Section Summary: H4 is a dependent route tied to the H1B principal. It provides residence for spouses and children, with study rights and limited work access for spouses through a separate EAD where eligibility is met.

Section B: Eligibility & Requirements

To qualify for an H4 visa, the applicant must prove that they are an eligible dependant of an H1B holder and that the H1B holder continues to maintain lawful immigration status. The evidentiary requirements are specific and must be carefully documented to avoid delays or refusals.

1. Relationship requirements

Applicants must provide documentary proof of the family relationship. For spouses, this is typically a marriage certificate. For children, a birth certificate confirming the parental relationship is required. Under the “place-of-celebration” rule, a marriage that is legally valid where celebrated (including some common-law marriages) will be recognised for US immigration purposes. Consular officers may request additional proof such as photos, joint bank statements, or prior divorce decrees to verify the genuineness of the marriage and its validity.

2. Evidence of H1B status

Applicants must show that the H1B principal is maintaining lawful immigration status. Typical documents include:

• Copy of the H1B approval notice (Form I-797).
• A valid visa or I-94 record for the H1B worker.
• Recent pay slips or a letter from the H1B employer verifying employment.

3. Age limits for children

Children must be unmarried and under 21 to qualify as H4 dependants. Once they reach 21, they must switch to a different immigration category—commonly an F1 student visa—if they wish to remain in the United States. Parents should plan transitions early to avoid lapses in status.

4. Common reasons for delays or refusals

Applications may be delayed or refused if:

• The marriage or birth documentation is incomplete or inconsistent.
• The H1B worker cannot demonstrate ongoing lawful employment.
• There are discrepancies between information provided in the H1B and H4 applications.

Section Summary: To qualify for H4 status, applicants must prove a genuine spousal or parental relationship and confirm the principal’s lawful H1B status. Children must be under 21 and unmarried. Accurate and consistent evidence is critical to avoid requests for further information or refusals.

Section C: Application Process

The process for obtaining H4 status depends on whether the dependant is applying from outside the United States or while already present in the country. Each route has distinct procedures, evidence requirements, and timelines.

1. Applying from abroad (consular processing)

Dependants outside the United States apply at a US embassy or consulate. The steps include:

• Complete the DS-160 online nonimmigrant visa application form.
• Pay the applicable visa application fee (check current amounts on the Department of State website).
• Schedule and attend a consular interview.
• Present required evidence including a valid passport, DS-160 confirmation, marriage or birth certificate, and the H1B holder’s I-797 approval notice and employment documentation.

The consular officer will assess the relationship evidence and the H1B principal’s immigration status before making a decision.

2. Change or extension of status in the US (Form I-539)

Dependants already in the United States in another nonimmigrant status can apply to change to H4 or extend H4 status by filing Form I-539 with USCIS. Supporting documents include the same relationship and H1B evidence used for consular processing. Since October 2023, USCIS no longer charges a separate biometrics fee for most I-539 applications, though biometrics may still be requested in individual cases.

3. Processing times and fees

Consular processing times vary by post but often take several weeks. USCIS processing for I-539 can take several months, depending on workload. Applicants should always confirm current fees using the USCIS Fee Schedule and Calculator, as government filing fees are periodically updated.

4. Premium processing and bundling caveat

Premium processing is not available for standalone H4 I-539 or H4 EAD filings. In some periods USCIS has “bundled” H4 and H4 EAD adjudications with premium-processed H1B petitions following litigation, but this practice is policy-based and subject to change. Applicants should not rely on bundling and should plan for standard processing times.

5. Travel while an application is pending

Travel rules differ depending on the filing type:

• Change of status applications: Departing the US before approval usually abandons the application, requiring consular processing for re-entry.
• Extensions of status: Travel may not automatically abandon the request, but risks must be assessed before departure.

Section Summary: H4 applications may be filed abroad through DS-160 and consular interviews or inside the US via Form I-539. Biometrics fees have been removed for most I-539 filings. Premium processing is not available, and timelines vary. Travel while an application is pending can complicate the process and should be approached cautiously.

Section D: Rights & Restrictions on the H4 Visa

The H4 visa ensures family members of H1B workers can lawfully reside in the United States, but its scope is limited. Rights and restrictions are clearly defined and must be carefully observed to remain compliant with US immigration law.

1. Residence and dependency

H4 visa holders may lawfully live in the United States for the same duration granted to the H1B principal. Their status is fully dependent on the H1B holder maintaining lawful immigration status. If the H1B status ends, the H4 status also ends, though a discretionary 60-day grace period may apply after certain job terminations.

2. Education rights

H4 dependants can study in the United States without restrictions. Children may attend public or private schools, and adult dependants may enrol in higher education programmes at colleges or universities.

3. Employment authorisation (H4 EAD)

H4 spouses may obtain work rights by applying for an Employment Authorization Document (EAD) under category (c)(26). To qualify, the H1B principal must either:

• Be the principal beneficiary of an approved I-140 immigrant petition, or
• Hold H1B status extended beyond six years under AC21 provisions while a Green Card process is pending.

An approved EAD allows unrestricted employment for any US employer. Renewal applications may benefit from an automatic extension—currently up to 540 days—if timely filed while H4 status remains valid.

4. Restrictions without EAD

Without an EAD, H4 visa holders are not permitted to work in the United States. Any unauthorised employment can jeopardise both the H4 dependant’s status and the H1B principal’s immigration status.

5. Travel and re-entry

International travel is permitted, but to return H4 holders generally need a valid H4 visa stamp. A limited exception is automatic visa revalidation (AVR), which allows re-entry from Canada, Mexico, and in some cases adjacent islands, after trips of 30 days or less with an expired visa but valid I-94, provided AVR conditions are fully met.

Section Summary: H4 status provides the right to live and study in the US. Employment is only permitted with an EAD for eligible spouses, while unauthorised work is prohibited. Travel requires careful planning, with AVR offering only limited exceptions to the visa requirement.

FAQs

Can H4 visa holders work in the US?
Yes, but only if they obtain an Employment Authorization Document (EAD). Eligibility depends on the H1B principal being the beneficiary of an approved I-140 petition or having H1B extensions under AC21 provisions. Without an EAD, employment is prohibited.

Can children on H4 attend public schools?
Yes. Children holding H4 status may attend public schools in the US, as well as private institutions, colleges, and universities.

Can I travel outside the US while on H4 status?
Yes, but you generally need a valid H4 visa to return. In some cases, automatic visa revalidation (AVR) permits re-entry from Canada or Mexico after absences of 30 days or less if all AVR conditions are satisfied.

How long does it take to process an H4 visa?
Processing times vary. Consular applications often take several weeks, while USCIS I-539 filings can take several months. Times depend on workload and location.

Can H4 visa holders apply for a Green Card?
Yes. H4 dependants can be included as derivatives in the H1B principal’s Green Card application process once the H1B worker begins permanent residence proceedings.

Conclusion

The H4 visa plays a critical role in keeping families together while an H1B professional works in the United States. It grants dependants the right to live and study, and in specific cases, enables spouses to work through an Employment Authorization Document. However, H4 status is directly tied to the principal’s H1B status, meaning compliance with all immigration requirements is essential to preserve lawful residence.

Families should carefully track visa expiry dates, ensure timely renewals, and understand the limits on employment and travel. While the H4 offers stability and important rights, its restrictions must be respected to avoid jeopardising the lawful status of both the dependant and the H1B worker.

Glossary

Useful Links