What Is H-4 Visa
An H-4 visa is a dependent visa category for spouses and unmarried children under 21 of H-1B visa holders. Unlike the H-1B, which is an employment-based visa, the H-4 has no independent work authorization or visa petition requirement. The H-4 derivative merely depends on the principal H-1B beneficiary's valid status and pending immigration proceedings.
Eligibility and Filing Requirements
You qualify for an H-4 visa if you are the spouse or child of an approved H-1B beneficiary. The H-1B employer files Form I-129 (Petition for Nonimmigrant Worker) on behalf of the primary employee, and derivative family members are included on the same petition at no additional cost. USCIS approval of the I-129 extends H-4 eligibility to all named dependents, though each family member must obtain their own visa stamp from a US consulate abroad or adjust status if already in the United States.
Children age out of H-4 eligibility on their 21st birthday. If a child will turn 21 before visa processing is complete, they cannot be included as a dependent and must pursue their own visa category or immigration pathway.
Work Authorization and Employment
H-4 visa holders have no inherent work authorization under the visa category itself. However, spouses of H-1B workers may apply for Employment Authorization Document (EAD) through Form I-765 if the principal H-1B beneficiary has an approved I-140 (Immigrant Petition for Alien Worker) and an available priority date. This H-4 EAD option, created by executive action in 2015, allows eligible spouses to work while their own green card applications are pending. Children on H-4 status cannot obtain work authorization and must maintain full-time student status if they are school-age.
Status Maintenance and Visa Validity
H-4 status remains valid only while the principal H-1B beneficiary maintains their own H-1B status. If the H-1B worker loses employment, transfers to another visa category, or departs the United States without proper exit procedures, all H-4 dependents lose their status. H-4 visa validity also depends on maintaining a valid passport and complying with US immigration regulations. An H-4 visa stamp is typically valid for the duration of the H-1B beneficiary's authorized stay, often up to 6 years, but can be shorter depending on individual circumstances.
Path to Green Card
H-4 family members can adjust status or undergo consular processing if the principal beneficiary obtains an approved I-140. The family's priority date is the I-140 approval date. Once a green card priority date becomes current (according to the State Department's visa bulletin), H-4 dependents can file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with the principal beneficiary. The beneficiary's green card category and priority date determine the timeline for dependents.
Common Questions
- Can my H-4 spouse work while waiting for a green card? Only if you have an approved I-140 petition with an available priority date. Your spouse can file Form I-765 for an EAD. Without an approved I-140, H-4 spouses have no work authorization.
- What happens to my H-4 status if my H-1B employer lays me off? Your H-4 dependents' status terminates immediately. They must either depart the US, change to another visa status, or you must secure H-1B sponsorship with a new employer before status expires (typically within 60 days of job loss).
- Can my H-4 child attend US university? Yes. Children on H-4 status can enroll in school. If they intend to work after graduation, they will need their own visa sponsorship (such as H-1B) or must have already adjusted to green card status.