H-4 Visa: The Complete Guide for H-1B Spouses and Dependents (2026)

If you're married to someone on an H-1B visa, or you're their child under 21, the H-4 visa is probably on your radar. It's how you can legally stay in the United States with your family.

But here's the thing. The H-4 visa comes with a lot of rules. Some of them make sense. Some of them are frustrating. And the information out there is scattered across government websites, outdated blog posts, and immigration forums where everyone has a different opinion.

This guide puts everything in one place. What you can and can't do on an H-4. How to apply. What documents you need. How long it takes. And the stuff nobody talks about, like what happens when your kid turns 21 or your spouse loses their job.

What is the H-4 visa?

The H-4 is a dependent visa. It lets the immediate family members of H-1B visa holders live in the United States. That means spouses and unmarried children under 21.

The H-4 isn't a work visa. You can't just show up and start a job. But you can apply for work authorization separately (more on that later).

Your H-4 status is directly tied to your spouse's or parent's H-1B. When their visa is valid, yours is valid. When theirs expires, yours does too. If they change jobs and their H-1B transfers, you'll need to update your status as well.

This dependency is the most important thing to understand about the H-4. You don't have independent immigration status. Everything flows from the primary H-1B holder.

Who qualifies for the H-4 visa?

You can apply for an H-4 if you're:

• The spouse of an H-1B visa holder (including same-sex spouses, recognized since 2013)
• An unmarried child under 21 of an H-1B visa holder (biological, stepchildren, or legally adopted)

That's it. Parents, siblings, grandparents, cousins, and other relatives don't qualify. Neither do children who are 21 or older, or children who get married.

What you CAN do on an H-4 visa

• Live in the United States for as long as your spouse's or parent's H-1B is valid
• Study full-time, part-time, any program (no restrictions on education)
• Get a driver's license (requirements vary by state)
• Open a bank account with your passport, I-94, and proof of address
• Get an ITIN (Individual Taxpayer Identification Number) if you don't have an SSN
• Own property, including houses and real estate investments
• Volunteer for unpaid work
• Travel in and out of the country with a valid visa stamp

What you CAN'T do without work authorization

• Work for money, not even part-time, freelance, or remote work for a company in another country
• Get a Social Security Number (you need an EAD for this)

Important: Working remotely for your old employer back home is still considered unauthorized employment. If you're on U.S. soil, you need U.S. work authorization.

H-4 visa costs: what you'll actually pay

Breaking it down

From outside the U.S. (consular processing):

• Visa application fee: $205
• Some embassies charge an additional issuance fee (varies by country)

From inside the U.S. (change of status or extension):

• Form I-539 filing fee: $420 online or $470 paper
• Total: $420 online or $470 paper

Not everyone is eligible for online filing. If you're filing for multiple family members together or have certain visa history, you may need to file by mail.

For H-4 EAD (work authorization):

• Form I-765 filing fee: $520

Real total costs

If you're applying from abroad, you're looking at $205.

If you're in the U.S. and need to extend your status AND get work authorization, you're looking at $420 + $520 = $940 (online filing). Plus any attorney fees if you hire one.

That said, you don't necessarily need an attorney for straightforward H-4 applications. If you're comfortable with guided self-filing, platforms like Immiva offer form preparation for [@portabletext/react] Unknown block type "filingFee", specify a component for it in the `components.types` prop with real-time error checking. That's a fraction of what most immigration lawyers charge for the same paperwork.

Documents you need for the H-4 visa

For consular processing (applying abroad)

Your documents:

• Valid passport (at least 6 months beyond planned entry date)
• DS-160 confirmation page
• Passport photo (2x2 inches, white background, taken within 6 months)
• Visa application fee receipt
• Proof of relationship (marriage certificate for spouses, birth certificate for children). Originals or certified copies with English translations required.

Your spouse's or parent's documents:

• Copy of their H-1B approval notice (I-797)
• Copy of their valid passport and visa
• Employment verification letter from their employer
• Recent pay stubs (2-3 months)
• Most recent tax returns (Form 1040) with W-2s
• Evidence of financial support

Additional documents that can help:

• Wedding photos or invitation (for spouses)
• Proof of living together (joint lease, utility bills)
• Travel itinerary

For change of status (already in U.S.)

Everything above, plus:

• Form I-539 (Application to Extend/Change Nonimmigrant Status)
• Copy of your current I-94 arrival record
• Copy of your current visa stamp
• Copy of your spouse's I-94

How to apply for an H-4 visa: step by step

From outside the United States

1. Your spouse or parent gets their H-1B approved. You can apply at the same time, but their H-1B needs to be approved for your H-4 to be valid
2. Complete DS-160 online. Takes about an hour. Save your confirmation page (you'll need the barcode)
3. Pay the visa fee. Payment process varies by country
4. Schedule your visa interview. Wait times vary from 1 week to 4 months depending on location
5. Attend your interview. Bring all documents. Usually takes 10-15 minutes
6. Wait for your passport. If approved, usually takes 2-5 business days
7. Travel to the U.S. CBP officer will stamp your passport at entry.

Common interview questions

The interview is usually short, around 10-15 minutes. But preparation helps. Here are the questions consular officers typically ask, organized by category:

About your relationship:

• How did you meet your spouse?
• When and where did you get married?
• How long have you been married?
• Do you have children together?
• Where does your spouse currently live?
• Have you met your spouse's family?

About your spouse's employment:

• What does your spouse do in the U.S.?
• What company do they work for?
• How long have they been with this employer?
• What is their job title?
• Where is their office located?
• What is their salary? (approximate is fine)

About your plans in the U.S.:

• What will you do in the U.S.?
• Do you plan to work? (Answer: not without proper authorization)
• Do you plan to study?
• Where will you live?
• How long do you plan to stay?
• Have you been to the U.S. before?

About your ties to your home country:

• Do you own property in your home country?
• Do you have family here?
• What is your current occupation?
• Will you return to your job when you come back?

For children applying:

• What grade are you in?
• What school will you attend in the U.S.?
• What subjects do you like?

Tips for the interview:

• Answer honestly and directly
• Don't over-explain or volunteer unnecessary information
• Bring all documents organized in a folder
• If you don't understand a question, ask for clarification
• Stay calm even if the officer seems rushed or unfriendly

From inside the United States

1. File Form I-539. You can file online ($420) or by mail ($470). Online filing isn't available for all situations, so check USCIS eligibility requirements.
2. Wait for approval. Currently running 4-8 months at most service centers.
3. Receive your approval. USCIS mails you an I-797 approval notice.

Warning: While your application is pending, you're in authorized status as long as you filed before your previous status expired. But you can't work, and traveling outside the U.S. will abandon your pending application.

H-4 visa processing times

Consular processing timeline

After approval, passport with visa stamp is usually returned within 3-7 business days.

I-539 processing times (change of status/extension)

These times change frequently. Check the USCIS website for current estimates.

H-4 EAD: working on an H-4 visa

The biggest question most H-4 holders have: can I work?

The short answer is yes, but only if you qualify for an Employment Authorization Document (EAD). Not every H-4 holder is eligible.

Who qualifies for H-4 EAD?

You can apply for work authorization if:

• Your H-1B spouse has an approved I-140 (immigrant petition), meaning they're in the green card process
• OR your H-1B spouse is in the 7th year or beyond on H-1B, with an approved I-140 or pending green card application

If your spouse is in their first few years on H-1B and hasn't started the green card process, you don't qualify yet.

The basics

We have a complete guide that covers the H-4 EAD application process, required documents, the 540-day automatic extension rule, and everything else you need to know. [Read our full H-4 EAD guide here.]

Can you work without EAD?

No. Any paid work without authorization is illegal and can jeopardize your immigration status.

However, you can own passive investments. Rental properties, stock portfolios, or silent partnerships in businesses are allowed. You just can't actively work in any business you own.

Living in the U.S. on an H-4 visa

Education

Good news: you can study anything, anywhere, with no restrictions.

• Get a master's degree? Go for it
• Community college classes? Fine
• Professional certifications? Sure

You don't need to change to F-1 (student visa) to study on H-4. Many H-4 holders use this time to get additional education while waiting for EAD approval.

Driver's license

Every state allows H-4 holders to get a driver's license. You'll typically need:

• Passport
• I-94
• H-4 approval notice (I-797)
• Proof of residence (utility bill, lease)
• Social Security Number OR a letter from SSA saying you're not eligible

Social Security Number

You can only get an SSN if you have work authorization. Without an EAD, you can't get one.

Without an SSN:

• You can't work (legally)
• Building credit is harder
• Some financial products aren't available
• Tax filing requires an ITIN instead

Banking

Opening a bank account without an SSN is possible. Banks that are generally H-4 friendly:

• Bank of America
• Chase
• Wells Fargo
• Citibank
• Many credit unions

Bring your passport, I-94, and proof of address.

The isolation problem

Let's talk about something that doesn't show up in official guides.

Life on an H-4 visa can be isolating. Especially if you can't work.

Many H-4 holders were professionals in their home countries. Doctors, engineers, managers, teachers. Coming to the U.S. and suddenly being unable to work hits hard. Your spouse goes to the office. You're home alone in a new country where you might not know anyone.

If this is you, know that you're not alone. Thousands of people are in the same situation.

Things that help:

• Join local community groups
• Take classes (gives structure and helps you meet people)
• Volunteer
• Connect online. Facebook groups, Reddit communities, forums for H-4 holders
• Consider therapy or counseling if you're struggling

Maintaining and extending your H-4 status

When to file for extension

File Form I-539 to extend your H-4 status. Best practice:

• File 3-4 months before expiration
• You can file up to 6 months before

What happens if the H-1B spouse loses their job?

This is the nightmare scenario, and it's happening more often with tech layoffs.

When an H-1B holder loses their job, they have a 60-day grace period to figure out next steps. This grace period applies to you too as the H-4 dependent.

During the 60-day window, your options are:

What you should do immediately:

1. Document everything. Keep the termination letter, last pay stub, and any severance agreements.
2. Check your I-94 dates. Your authorized stay might extend beyond the 60-day grace period if your I-94 has a later end date.
3. Don't panic-file. If your spouse is actively interviewing and likely to get a new job, wait. Filing for B-2 change of status can complicate a future H-1B transfer.
4. Update your H-4 status promptly. Once your spouse's new H-1B transfer is approved, file your own I-539 to link your H-4 to their new employment.
5. Avoid working. If you have an H-4 EAD, your work authorization depends on your spouse's H-1B status. When they lose status, your EAD validity becomes questionable. Consult an attorney before continuing to work.

What about health insurance?

COBRA lets you continue employer health coverage for up to 18 months, but you pay the full premium (often $1,500-2,000/month for a family). Look into ACA marketplace plans as a potentially cheaper alternative.

Travel while H-4 application is pending

This is complicated.

• If you leave the U.S. while your I-539 is pending, your application is considered abandoned
• If you have a valid H-4 visa stamp, you can leave, get a new stamp at a consulate, and re-enter
• If your visa stamp is expired, leaving means you'll need a new stamp before returning

Bottom line: Think very carefully before traveling while any application is pending.

Visa stamping alternatives (if your home country has long waits)

If your home country consulate has 3-4 month interview waits, you might be able to get stamped faster elsewhere:

Third Country National (TCN) stamping risks:

• Not all consulates accept TCN appointments
• You could be stuck abroad if denied
• Some consulates are stricter with TCN applicants

Check wait times at travel.state.gov before booking travel.

What to do if your H-4 application is denied

Denials happen. Here's how to handle them depending on where you applied.

Denied at a U.S. consulate abroad

There's no formal appeal process. But you can:

1. Ask for the reason. The officer should tell you which section of law triggered the denial (often 214(b), which means they weren't convinced you'd return home).
2. Request your file. You can submit a FOIA request to see what's in your application record.
3. Reapply. There's no waiting period. You can apply again immediately with stronger documentation.
4. Address the weakness. If denied for 214(b), add more evidence of ties to your home country: property ownership, job offer letters, family obligations.

Common denial reasons and fixes:

Denied on I-539 (change of status inside U.S.)

If USCIS denies your I-539:

1. Check your status. Denial means you're likely out of status. You may need to leave the U.S.
2. File a Motion to Reopen if you have new evidence that wasn't available before.
3. File a Motion to Reconsider if you think USCIS made a legal or factual error.
4. Leave and apply from abroad as a fresh consular application.

Warning: Staying in the U.S. after an I-539 denial can accumulate unlawful presence, which triggers 3-year or 10-year bars on returning. Don't ignore a denial.

Changing from H-4 to another visa

H-4 to H-1B

The most common switch. You find an employer willing to sponsor you for an H-1B.

The challenge: H-1B is subject to an annual cap of 85,000 visas (65,000 regular + 20,000 for U.S. master's degree holders). The lottery acceptance rate is around 25-30%.

The timeline:

• March: H-1B registration period (usually 2-3 weeks)
• Late March: Lottery results announced
• April-June: If selected, employer files full H-1B petition
• October 1: Earliest H-1B start date

What this means for you: If you want to switch to H-1B, you need an employer lined up by February at the latest. The employer registers you in the lottery. If selected, they file the petition. If approved, your status changes October 1.

The gap problem: Let's say you're on H-4 EAD working for a company. They register you for H-1B in March. You get selected. Petition is filed and approved. But your H-1B doesn't start until October 1. What happens to your work authorization between now and then?

You can keep working on your H-4 EAD until October 1, as long as your EAD remains valid. If your EAD expires before October 1, you'll need to either renew it or stop working until your H-1B kicks in.

Cap-exempt employers:

These employers can sponsor H-1B without going through the lottery:

• Universities and colleges
• University-affiliated nonprofits
• Nonprofit research organizations
• Government research organizations

If you can get a job at one of these, you skip the lottery entirely. The H-1B can be filed and approved year-round.

Concurrent H-4 and H-1B status:

Here's something useful: you can hold H-4 status while also having an approved H-1B petition that hasn't started yet. This gives you a backup. If your H-1B employer falls through before October 1, you're still on H-4.

H-4 to F-1

If you want to study and potentially get OPT work authorization afterward:

1. Get accepted to a SEVP-certified school
2. Receive your I-20 from the school
3. File Form I-539 to change status
4. Wait for approval before starting classes

H-4 to Green Card

The H-4 doesn't directly lead to a green card. But if your H-1B spouse is being sponsored for a green card, you're included as a dependent.

When their I-485 is approved, you get your green card too. The timeline varies dramatically based on country of birth. For people born in India or China, the wait can be decades.

H-4 children turning 21: the aging out problem

This is one of the most stressful parts of the H-4 system, and almost nobody talks about it until it's too late.

When a child turns 21, they "age out" of H-4 eligibility. They're no longer considered a dependent. On their 21st birthday, their H-4 status ends. No grace period. No exceptions.

If you're a parent with a child approaching 21, or you're the child in this situation, start planning at least 2 years in advance.

The timeline pressure

Here's why this is so stressful:

• F-1 change of status takes 4-8 months to process
• H-1B lottery only happens once per year (registration in March, start date in October)
• Green card backlogs for India and China can stretch 10+ years

If your child turns 21 in June and you start planning in January, you're already behind.

Options before turning 21

The F-1 path (most common)

This is what most H-4 children do. The process:

1. Get accepted to a school that's SEVP-certified (most universities and many community colleges qualify)
2. Receive your I-20 from the school's international student office
3. File Form I-539 to change from H-4 to F-1
4. Wait for approval before the 21st birthday

Critical timing: Your I-539 must be *filed* (not approved) before you turn 21 to preserve your status while it's pending. But don't cut it close. File at least 6 months early.

The catch: Once on F-1, you're subject to F-1 rules. You can only work on-campus (limited hours), through CPT, or OPT after graduation. And F-1 status ends when your studies end, so you'll eventually need another path.

Does CSPA (Child Status Protection Act) help?

CSPA can "freeze" a child's age for green card purposes, but it's complicated and doesn't apply to everyone.

CSPA may help if:

• Your parent has a pending or approved I-130 or I-140
• A visa number was available at some point
• You can show the delay wasn't your fault

CSPA probably won't help if:

• Your parent is still years away from a current priority date
• You're from India or China with massive backlogs
• No immigrant petition was ever filed

Bottom line: Don't count on CSPA. Plan for the worst case where your child needs independent status before turning 21. If CSPA ends up applying, that's a bonus.

What if the 21st birthday is close and you're not ready?

If you're within 6 months of turning 21 and haven't started the F-1 process:

1. Enroll in any SEVP school immediately. Community colleges have faster admission. You can transfer later.
2. Get the I-20 as fast as possible. Call the international student office, explain urgency.
3. File I-539 the day you get the I-20. Online filing is faster than mail.
4. Consider premium processing for the parent's H-1B if that's also pending, to remove any complications.

Common H-4 visa mistakes

Frequently asked questions

Staying informed on H-4 policy changes

Immigration policy changes. Sometimes slowly, sometimes suddenly.

The H-4 EAD program has been legally challenged multiple times. So far, it has survived, but the situation can shift with new administrations or court decisions.

To stay current:

• Follow USCIS announcements at uscis.gov
• Join immigration attorney newsletters
• Participate in H-4 community forums
• Pay attention to H-1B news (anything affecting H-1B usually affects H-4)

Your next step

If you're applying for H-4 or extending your current status, gather your documents and start the process early. USCIS processing times are unpredictable, and waiting until the last minute creates unnecessary stress.

For straightforward applications, you don't need to pay hundreds of dollars to an attorney. Immiva walks you through H-4 forms step-by-step with built-in error checking, so you can file confidently at a fraction of the cost. It's like TurboTax for immigration forms.

If you're dealing with a specific situation not covered here, like aging-out children, job loss, or complicated timing, consider talking to an immigration attorney. The money spent on professional advice is worth it when your ability to stay in the country is on the line.

And if you're just starting the H-4 journey, know that it's manageable. Thousands of families navigate this system successfully every year. It takes patience and attention to detail, but you can do it too.