Eligibility:

Persons who are already present in the United States in another nonimmigrant status (other than WB, WT, C, D, J subject to 212(e), K and S) are eligible to change status to H-4 nonimmigrant status as long as they have been maintaining their legal status.

Immigration regulations allow only the spouse of the H-1B holder or unmarried children under age 21 to be classified as H-4 dependents. Once a child reaches his or her 21st birthday, they are no longer considered to be a dependent and must change to a different immigration status or leave the United States. Please contact us at least six months before your H-4 child's 21st birthday for assistance.

Benefits:

H-4 dependents may attend school either full or part time. The majority of H-4 dependents are not permitted to work in the United States. New regulations, as noted below, allow a very limited number of H-4 spouses to apply to U.S. Citizenship and Immigration Services for work authorization.

Effective May 26, 2015, H-4 spouses of certain H-1B temporary workers may apply for work authorization. This eligibility extends only to H-4 spouses of H-1B temporary workers who have already started the process of seeking employment-based lawful permanent resident status. Specifically, eligible individuals include H-4 dependent spouses of principal H-1B workers who:

  • Have an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Have been granted H-1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.

If the H-1B temporary worker does not meet the above criteria, the H-4 spouse may not apply for work authorization. Children in H-4 status are not eligible to apply for work authorization under any circumstances.

Obtaining H-4 Status and Visa Stamp:

Persons who are not already present in the United States, or persons who must obtain a new visa stamp in order to enter the United States must obtain an H-4 visa stamp from a United States Consulate or Embassy abroad. Applicants will need the following documents to obtain the visa stamp:

  • Original H-1B approval notice (I-797)
  • Current letter from sponsoring department confirming employment, position title and salary
  • Photocopy of H-1B petition (I-129)
  • Photocopy of Labor Condition Application (LCA)
  • Documentation of having resided legally in the United States, if applicable (I-20, DS2019, I-797)
  • USCIS Waiver Approval Notice for persons previously in J status
  • Birth and marriage certificate to document family relationship to the H-1

In some instances applicants may require a background check before the visa stamp will be issued. Background checks can take 2-6 weeks, or longer, to complete. Please keep this in mind when making travel plans.