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H-4 Dependents

The spouse and unmarried minor children (under 21 years of age) of an H-1B scholar are eligible to apply for H-4 dependent status. H-4 applications are the responsibility of the H-1B scholar and their dependents. Questions related to the H-4 application should be directed to an immigration attorney or .

New H-4 Dependents, currently outside of the United States without an H-4 visa and planning to enter the US with H-4 status:

• After a spouse or parent has an H-1B approval period granted, a spouse or child(ren) under 21 years of age can apply for an H-4 entry visa at their US Embassy or consulate
• The spouse or child can apply for the H-4 entry visa based on the H-1’s approval document from USCIS. A must be submitted. ISSS suggests checking the website of the embassy where the visa interview will take place for specific details.

Changing to or Extending a current H-4 status while in the United States:

•  H-4 dependents' status is contingent upon the continued validity of the H-1B scholar's status
• Dependents must properly and timely file the and pay the required fees to change to or extend H-4 status
• ISSS will send the H-1B scholar their H-1B Receipt Notice and H-1B Approval Notice. Dependents must include at least a copy of the H-1B Receipt Notice with their H-4 application
• The H-4 dependent’s Form I-539/I-539A must be filed with and received by the USCIS prior to the H-1B start date listed on the I-797 Approval Notice.

Study in H-4 Status

H-4 dependents may study full-time or part-time in the U.S. The duration of their stay is dependent on their age (children "age out" when they turn 21 years old) and the H-1B scholar's maintenance of status and authorized period of stay.

• While H-4 dependents are not subject to the F-1 full-time enrollment requirement, they are also not eligible for F-1 benefits such as on-campus employment and practical training (CPT, OPT) and may want to consider whether they wish to pursue F-1 student status.

Travel in H-4 Status

H-4 dependents are eligible to depart the U.S. and re-enter the U.S with a valid H-4 visa, provided the H-1B scholar is maintaining status. H-4 dependents should also carry proof of the H-1B's maintenance of status (e.g., copy of I-797 approval notice, proof of continued employment, etc.).

• An H-4 dependent  who has applied for adjustment of status as a derivative of an H-1B's application for adjustment can also take advantage of the special rules relating to travel and re-entry in H status while an adjustment of status application is pending.

Employment in H-4 Status

H-4 dependents are generally ineligible to work in the U.S.

• Certain H-4 dependent spouses of H-1B scholars who are seeking employment-based lawful permanent resident (LPR) status are permitted to apply to USCIS for an Employment Authorization Document (EAD) that will allow them to work in the United States. Please consult with ISSS on questions regarding eligibility.