The Peng Law
H-4 Dependent Visa
The H-4 visa is issued to the spouses and unmarried children under 21 of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders.
The H-4 visa is issued to the spouses and unmarried children under 21 of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders. H-4 holders may reside legally in the United States, and children may attend school. Since 2015, certain qualifying H-4 spouses may apply for an H-4 EAD (Employment Authorization Document) to work legally in the United States. The key eligibility condition for H-4 EAD is that the H-1B principal's I-140 immigrant petition has been approved, or the H-1B holder has been granted an H-1B extension beyond 6 years under the AC21 Act. H-4 status validity is tied to the principal H visa holder's status.
[H-4 Visa] The applicant must be the legal spouse or unmarried child under 21 of an H-1B, H-1B1, H-2A, H-2B, or H-3 visa holder
[H-4 Visa] The principal visa holder must maintain valid H status
[H-4 EAD] The H-1B principal's I-140 immigrant petition must be approved by USCIS (even if a visa number is not yet available)
[H-4 EAD] Or the H-1B holder has been granted an H-1B extension beyond 6 years under AC21 Sections 106(a) or 106(b)
[H-4 EAD] Only spouses of H-1B/H-1B1 holders qualify (spouses of H-2 and H-3 holders are not eligible for H-4 EAD)
[H-4 EAD] H-4 children are not eligible for an EAD
Apply with Principal H Petition
H-4 status is typically requested concurrently with the principal's I-129 petition, or may be applied for separately via Form I-539 for a change of status or extension.
Entry or Change of Status
If outside the U.S., the H-4 applicant attends a consular interview to obtain an H-4 visa for entry. If already in the U.S., Form I-539 can be filed to change to H-4 status.
Apply for H-4 EAD (If Eligible)
Qualifying H-4 spouses file Form I-765 with evidence including the H-1B principal's I-140 approval notice.
Await EAD Processing
I-765 processing times currently range from approximately 3-8 months. The H-4 spouse may not begin employment until the EAD is approved.
Work After EAD Approval
Once the EAD is approved, the H-4 spouse may work for any U.S. employer without industry or occupation restrictions.
| Stage | Duration |
|---|---|
| H-4 Visa / Status Application | Concurrent with principal or 2-5 months (I-539) |
| H-4 EAD Application (I-765) | 3-8 months |
| EAD Validity | Aligned with H-4 spouse's I-94 expiration (up to 3 years) |
| H-4 Status Validity | Tied to principal's H status validity |
An H-4 spouse may apply for an EAD only when the H-1B/H-1B1 principal meets one of the following conditions: (1) the I-140 immigrant petition has been approved by USCIS; or (2) the H-1B holder has been granted an extension beyond 6 years under the AC21 Act. Spouses of H-2A, H-2B, and H-3 holders are not eligible for an H-4 EAD. H-4 children are never eligible for work authorization.
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Reviewed March 2026. This page is general information, not legal advice; rely on written attorney guidance for your own matter.