H-4 Dependent Status
H-4 Dependent Status Overview
H-4 is a nonimmigrant dependent status for spouses and unmarried children under 21 of H-1B specialty occupation workers. This status allows family members to accompany or join the H-1B worker in the United States, with specific provisions for work authorization for qualifying spouses.
Who Qualifies for H-4 Status
- • Spouses: Legally married to H-1B worker
- • Children: Unmarried and under 21 years old
- • Step-children: If relationship formed before child's 18th birthday
- • Adopted children: With proper legal adoption documentation
- • Must maintain lawful status in the United States
Current H-4 Population
- • Over 100,000 H-4 visa holders in United States
- • Approximately 90% are spouses of H-1B workers
- • Over 90,000 H-4 EAD applications filed annually
- • Growing population due to H-1B program expansion
- • Significant contribution to U.S. economy and workforce
H-4 Status Eligibility Requirements
Basic H-4 Qualification Criteria
- Must be the spouse of an H-1B worker in valid status
- Must be the unmarried child under 21 years of age of an H-1B worker
- Must not be independently eligible for any other nonimmigrant status
- Must maintain lawful status throughout stay in the United States
- Must not engage in unauthorized employment
- Must depart the United States when H-1B principal's status ends
H-4 Employment Authorization (EAD)
H-4 EAD Eligibility Criteria
- Must be the spouse (not child) of an H-1B worker in valid H-1B status
- H-1B spouse must be the beneficiary of an approved I-140 immigrant petition, OR
- H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 (beyond 6-year limit)
- Must be in valid H-4 status when applying for EAD
- Must not be in removal proceedings
- Must file Form I-765 with appropriate supporting documentation
Important: Only H-4 spouses (not children) are eligible for work authorization. The H-1B principal must either have an approved I-140 petition or be in H-1B status beyond the normal 6-year limit under AC21 provisions.
Application Process
Complete H-4 Status and EAD Application Process
H-1B Principal Obtains Status
The H-1B worker must first obtain or maintain valid H-1B status through employer petition (Form I-129).
Required Documents:
- •H-1B worker's I-94 arrival/departure record
- •Copy of H-1B approval notice (I-797)
- •Valid passport with H-1B visa (if entering from abroad)
File Form I-539 for H-4 Status
Spouse and children file application to extend/change status to H-4, or apply for H-4 visa at consulate if abroad.
Required Documents:
- •Form I-539 Application to Extend/Change Nonimmigrant Status
- •Copy of H-1B principal's I-797 approval notice
- •Marriage certificate (for spouse) or birth certificate (for children)
- •Evidence of relationship to H-1B principal
Apply for H-4 EAD (if eligible)
H-4 spouses meeting specific criteria can apply for employment authorization using Form I-765.
Required Documents:
- •Form I-765 Application for Employment Authorization
- •Copy of H-4 approval or pending application
- •Copy of H-1B principal's I-140 approval or AC21 eligibility evidence
- •Marriage certificate and relationship documentation
H-4 EAD Renewal Process
H-4 EAD Renewal Timeline
Check EAD Expiration Date
H-4 EAD holders should check their Employment Authorization Document expiration date and plan renewal well in advance.
File Form I-765 Renewal
Submit new Form I-765 application with updated supporting documentation and required fees.
Continue Working During Processing
If filed timely, eligible for automatic extension of work authorization for up to 540 days while renewal is pending (effective January 13, 2025). Extension limited by H-4 status validity.
EAD Renewal Important Notes
- • EAD renewals must be filed before current EAD expires
- • Processing times are currently 8-15 months (check current estimates)
- • 540-day automatic extension available if filed timely (effective January 13, 2025)
- • Extension limited by H-4 status validity - cannot exceed I-94 expiration
- • Must maintain H-4 status throughout EAD validity period
- • New EAD validity tied to H-1B principal's authorized stay period
Major Update: As of January 13, 2025, USCIS permanently increased the automatic extension period from 180 days to up to 540 days for eligible EAD renewal applications. This extension cannot exceed your H-4 status validity period.
H.R. 1 Alert: Additional fee changes may take effect July 22, 2025, potentially affecting certain EAD categories. Monitor USCIS announcements for updates.
Benefits and Opportunities
H-4 Status Benefits
- Legal status to remain in the United States as long as H-1B principal maintains status
- Ability to travel in and out of the United States with valid H-4 visa
- Educational opportunities including enrollment in universities and colleges
- Access to driver's licenses in most states
- Ability to open bank accounts and establish credit history
- Work authorization for spouses meeting specific criteria (H-4 EAD)
- Protection under U.S. employment and civil rights laws
Educational Rights
- Can enroll in elementary, middle, and high school programs
- Eligible for in-state tuition rates in many states after establishing residency
- Can attend colleges and universities with appropriate student documentation
- May be eligible for certain scholarships and financial aid programs
- Can participate in practical training programs related to studies
- No restrictions on field of study or degree level
- Can transfer between educational institutions
Limitations and Restrictions
H-4 Status Limitations
- Cannot work without specific employment authorization (EAD)
- Status is completely dependent on H-1B principal's continued lawful status
- Must depart United States if H-1B principal loses status
- Children who turn 21 or marry lose H-4 eligibility (age-out)
- Cannot independently petition for permanent residence
- Limited to activities consistent with temporary visitor status
- Must maintain valid passport and status documentation
Change of Status Options
Options for H-4 Holders
- H-4 to F-1 (Student): Most common option for pursuing education
- H-4 to B-1/B-2 (Visitor): For temporary visits if H-1B status ends
- H-4 to other work visa: Must qualify independently (H-1B, L-1, etc.)
- H-4 to permanent resident: Through family-based or employment-based petitions
- Return to home country: If unable to maintain legal status in United States
Popular Choice: Many H-4 holders change to F-1 student status to pursue education while maintaining legal presence in the United States.
Status Maintenance and Renewal
Maintaining H-4 Status
- File renewal application before current H-4 status expires
- H-1B principal must maintain valid status and continue employment
- Provide updated documentation of continued relationship
- Pay required filing fees for extension application
- Maintain all qualifying criteria for H-4 status
- Submit new medical examinations if required
Common Challenges and Solutions
Frequent Issues Faced by H-4 Families
- Long processing times for both H-4 status and EAD applications
- Gap in employment authorization during EAD renewal periods
- Children aging out of H-4 status when turning 21
- Limited job mobility due to dependence on H-1B principal's status
- Difficulty maintaining status if H-1B principal changes employers
- Complex documentation requirements for establishing relationships
- Travel restrictions during pending applications
Practical Solutions and Tips
- • Apply early: File all applications well before expiration dates to avoid gaps in authorization
- • Maintain documentation: Keep copies of all approvals, applications, and supporting documents organized
- • Plan for aging out: Children approaching age 21 should consider F-1 student status or other options
- • Consider F-1 status: Pursue education through F-1 status for greater independence and opportunities
- • Build professional networks: Use H-4 EAD period to gain experience and establish career foundations
- • Consult professionals: Complex cases benefit from immigration attorney guidance
Recent Policy Changes (2025)
Important Updates for H-4 Families
- • 540-Day EAD Extension: Automatic extension period permanently increased from 180 days (effective January 13, 2025)
- • Concurrent Processing: New options for filing H-4 status and EAD applications simultaneously in certain cases
- • Settlement Agreement Changes: Certain Edakunni settlement provisions ended January 18, 2025, affecting some processing procedures
- • Upcoming H.R. 1 Changes: Additional fees and requirements may take effect July 22, 2025
Stay Updated: Immigration policies continue to evolve. Monitor USCIS announcements and consult with immigration professionals for the latest changes affecting H-4 families.
Special Considerations
Children Aging Out
H-4 children lose eligibility when they turn 21 or marry. Planning ahead is crucial:
- • Apply for F-1 student status before turning 21
- • Consider other visa options if qualifying
- • Child Status Protection Act (CSPA) may apply in some cases
- • Consult with immigration attorney for planning
Travel Considerations
H-4 holders should consider these travel factors:
- • Valid H-4 visa required for re-entry to United States
- • Advance parole not available for H-4 status
- • Travel during pending applications can be risky
- • H-1B principal's status affects family travel
Current Fees and Processing Times
Application Fees (2025)
- • Form I-539 (H-4 Extension/Change): $420 (online) / $470 (paper)
- • Form I-765 (H-4 EAD): $410 (base fee - additional fees may apply)
- • Biometric Services Fee: $85 (if required)
- • H-4 Visa Application (DS-160): $190 (plus any reciprocity fees)
- • Premium Processing: Not available for H-4 applications
Fee Verification: Immigration fees change frequently. Use the USCIS Fee Calculator for current amounts before filing any applications.
H.R. 1 Alert: Additional fees required by H.R. 1 Reconciliation Bill will take effect July 22, 2025, potentially affecting certain EAD categories. Check USCIS announcements for updates.
Processing Times (Approximate)
- • H-4 Extension/Change of Status: 8-14 months
- • H-4 EAD Initial Application: 8-12 months
- • H-4 EAD Renewal: 8-12 months
- • H-4 Visa at Consulate: 2-8 weeks after interview
- • Administrative Processing: Additional time if required
Additional Resources
State Department H-4 Visas
Information on H-4 visa applications at consulates
Visit State Department(opens in new tab)Processing Time Information
Current USCIS processing times for forms
Check Processing Times(opens in new tab)Support for H-4 Families
H-4 dependent status can present unique challenges, from employment authorization delays to children aging out. Many community organizations and legal aid societies provide support and resources for H-4 families.
Consider connecting with local immigrant support organizations and consulting with qualified immigration attorneys for guidance on complex situations involving H-4 status.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. H-4 requirements and procedures can change. Always consult official USCIS guidance and consider seeking professional legal advice for your specific situation. Information current as of 2025.