The H-4 visa is a dependent visa status available to the immediate family members of H-1B visa holders. Spouses and unmarried children under 21 of H-1B workers can live in the United States under H-4 status for the duration of the principal H-1B holder's authorized stay.
35 steps across 7 sections
1. For H-4 Status
- Must be the spouse or unmarried child under 21 of a principal H-1B visa holder.
- The H-1B principal must be maintaining valid H-1B status or be concurrently applying for H-1B status/extension.
- The child cannot remain in H-4 status after turning 21 ("aging out").
2. For H-4 EAD (Work Authorization)
- The H-1B spouse must have an approved Form I-140 (Immigrant Petition for Alien Workers), OR
- The H-1B spouse must be in H-1B extension status beyond the normal 6-year limit under AC21 provisions (Section 106(a) or 104(c) of AC21).
- Only spouses qualify for H-4 EAD; children do not.
3. Applying from Outside the U.S.
- H-1B principal obtains or maintains H-1B status.
- Complete Form DS-160 (Online Nonimmigrant Visa Application).
- Pay the visa application fee (MRV fee).
- Schedule and attend visa interview at the U.S. embassy/consulate.
- If approved, enter the U.S. in H-4 status.
4. Applying from Inside the U.S. (Change of Status/Extension)
- File Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS.
- File Form I-539A for each additional dependent.
- Include supporting documentation proving the H-1B principal's status and the family relationship.
- Await approval from USCIS.
5. Applying for H-4 EAD
- Confirm eligibility (H-1B spouse has approved I-140 or is in extended H-1B status).
- File Form I-765 (Application for Employment Authorization) with category code (c)(26).
- Include supporting evidence (I-140 approval notice, H-1B approval notice, marriage certificate).
- Await EAD card from USCIS.
6. For H-4 Visa/Status
- DS-160 confirmation page (consular applications)
- Form I-539/I-539A (change/extension of status)
- H-1B principal's approval notice (I-797)
- H-1B principal's most recent pay stubs
- Marriage certificate (for spouses)
- Birth certificate (for children)
- Passport-style photographs
- Proof of H-1B principal's employment (employer letter)
- Financial documentation (bank statements)
- Copy of H-1B principal's I-94
7. For H-4 EAD
- Form I-765 with filing fee
- Copy of I-140 approval notice or evidence of H-1B extension beyond 6 years
- Copy of H-4 I-94 or I-539 approval
- Marriage certificate
- Passport-style photographs
- Previous EAD card (if renewing)
Common Mistakes
- Working without H-4 EAD
- Letting H-4 status lapse
- Not filing EAD renewal early enough
- Child aging out at 21
- Traveling without valid documents
Pro Tips
- File H-4 EAD with premium processing
- Renew the H-4 EAD at least 6 months before expiration
- The H-4 EAD has no restrictions
- Track the H-1B principal's green card process
- Consider filing I-539 concurrently