H4 Visa for Dependents: Requirements & Process

If your spouse or parent is coming to the US on an H-1B or other H-class visa, chances are you want to stay together as a family. That’s where the H4 visa comes in. It allows eligible spouses and children to live in the US while the primary visa holder works here. But like everything in immigration, the process can feel complicated, especially with all the forms, steps, and rule changes.

No worries. Visa Library is about to break down everything you need to know about the H-4 visa, including who qualifies and how to apply (from inside or outside the US).

What is the H4 Visa?

The H4 visa is a nonimmigrant visa issued by the US Citizenship and Immigration Services (USCIS) to immediate family members of certain H-category visa holders. This visa is specifically for:

• Spouses
• Unmarried children under 21 years of age

If the primary visa is no longer valid, the H-4 visa cannot be granted or extended. Also, we used to have an H-1C visa program as well, but it ended in 2009 and is no longer active.

H4 Visa Eligibility

To qualify for an H-4 visa, you must be an immediate family member of someone who holds a valid H-category visa. That means you must fall into one of the following categories:

Spouses of H visa holders

You are eligible for an H4 visa if you are legally married to a person who holds one of the following valid visas:

• H-1B (specialty occupation)
• H-1B1 (professionals from Chile or Singapore)
• H-2A (agricultural workers)
• H-2B (non-agricultural seasonal workers)
• H-3 (trainees or special education exchange visitors)

Unmarried Children Under Age 21

You may also apply for an H-4 visa if:

• You are the biological or legally adopted child of an H visa holder
• You are under the age of 21
• You are not married

Children lose H-4 eligibility once they turn 21 or get married, regardless of whether their parents’ visa is still valid.

Additional Eligibility Conditions

Having a qualifying relationship isn’t enough on its own. Other conditions:

• The main H visa holder must be in lawful status in the US.
• They must not have overstayed their visa.
• They must not have violated their visa conditions (such as working at a different employer without USCIS approval).
• The H-4 visa applicant must show that the principal visa holder has enough income or financial means to support their dependents in the US. They can prove it through job offer letters, pay stubs, or tax documents.
• Like any US visa, H-4 applicants must meet general admissibility standards. This means no serious criminal background and no previous US immigration violations, such as illegal stays or visa fraud.

Benefits for H4 Visa Holders

While there are limitations, there are still several important H4 visa benefits:

You Can Study in the US

H4 visa holders are allowed to attend school in the United States without needing a separate student visa (like the F-1 visa). You can enroll in:

• Public or private elementary and secondary schools
• Community colleges
• Undergraduate or graduate programs
• Part-time or full-time courses

There’s no restriction on the type of program. You can take academic, professional, or even vocational courses. You don’t need to get approval from USCIS to study.

You May Be Eligible to Work

By default, H4 visa holders do not have work authorization. However, if your spouse (the H-1B visa holder) meets both of the conditions below, you can apply for an H4 visa work permit (EAD):

1. Your spouse has an approved Form I-140 (Immigrant Petition for Alien Worker)
2. Your spouse is in H-1B status and has extended beyond the 6-year limit based on green card processing delays under AC21.

If these apply to your situation, you may submit Form I-765 (Application for Employment Authorization) to USCIS. Once an EAD is approved, you can:

• Work for any employer in any job (part-time, full-time, or freelance).
• Start your own business.
• Switch jobs freely without filing a new petition.

H4 Visa Process

The H4 visa application process may vary depending on the applicant’s individual circumstances. You can get the visa by:

1. Applying for an H-4 visa abroad and entering the US. (Canadian citizens are visa-exempt but must still be admitted in H-4 status.)
2. Filing a change or extension of status with USCIS while inside the US.

Dependents already Reside Outside the US

If your spouse or parent is on an H-1B or other H-type visa and you’re outside the US, you’ll need to apply for an H-4 visa at a US embassy or consulate.

Step 1: Complete the DS-160 Visa Application

1. Go to the Consular Electronic Application Center (CEAC) and fill out Form DS-160.
2. Make sure to choose “H-4” as the visa category.
3. Upload a passport-style photo that meets US visa standards.
4. When finished, print the confirmation page—you need it for your interview.

Step 2: Pay the Visa Fee

Check your local US embassy/consulate website for exact payment instructions. Most applicants pay a $185 non-refundable visa fee. Save the receipt because you’ll need it later.

Step 3: Schedule a Visa Interview

Create a profile on the embassy’s visa appointment scheduling website. Then, use your DS-160 confirmation number to book the interview. Here, you can choose the US embassy or consulate with jurisdiction over your place of residence.

Third-country applications (outside your home country) may be allowed, but rules vary. Also, if you’ve overstayed a US visa before, you must apply in your home country.

Step 4: Gather Your Documents

Here’s what you need to take to your H4 visa interview:

Some embassies may ask for additional documents like financial records, tax returns, or school enrollment letters. Always check the embassy’s website before your interview.

Step 5: Attend the Visa Interview

At your visa interview, be honest and clear. The officer may ask about your relationship to the H-1B holder, travel history, or future plans. If approved, the visa will be stamped into your passport. Remember that processing time varies by location. Some get it in a few days, others may wait weeks.

Step 6: Travel to the US and Apply for Admission

Once you get your visa, you’re not done yet. You still need to be admitted at a US port of entry (like an airport). You can enter at the same time as the H-1B holder or after, but not before.

You need to bring these with you when entering the US:

• Valid H4 visa in your passport (unless you’re Canadian)
• Passport (must still be valid 6+ months beyond the H-1 B’s end date)
• Marriage/birth certificate
• Copy of H-1B holder’s documents: I-797, visa, I-94, and job letter
• Proof of financial support, like the H-1B holder’s job offer or recent pay stubs

At the border, a CBP officer will ask questions and review your documents. If everything checks out, you’ll be admitted to H-4 status. After that, CBP will issue you an electronic Form I-94. This proves your legal status in the US. You can download it from https://i94.cbp.dhs.gov after entry.

Step 7: Save Copies and Send to Your Employer/School

Once you’re in, make backup copies of your visa, passport biodata page, entry stamp, and Form I-94. If you’re joining a university or if your spouse’s employer requires it, send them copies for their records.

Dependents Reside in the United States

If the spouse or children of an H-1B visa holder are already in the US on another legal visa (like F-2, B-2, O-3, etc.), they don’t have to leave the country to switch to H-4. Instead, they can file a request to change to or extend H-4 status directly with USCIS.

Step 1: Use the Right Forms & Gather the Required Documents

Each dependent must be included in the application:

• Spouses complete and sign Form I-539 for themselves.
• Children are added using Form I-539A. If there’s only one child, it still needs to be included using Form I-539A.
• If only children are applying, the eldest child’s info goes on the main Form I-539, and others go on separate I-539As.

Signature Rules

• Children 14 and older must sign their own form.
• For children under 14, the H-1B parent signs on their behalf and completes Part 5 of the form with their own information.

There are two filing options:

1. Filing Form I-539/I-539A Concurrently with the H-1B Petition

If dependents are changing or extending their status at the same time the H-1B petition is being filed, the H-1B employer (e.g., university department or private company) submits the entire H-4 application packet to USCIS together with the H-1B petition (Form I-129).

Required Documents for Each Dependent:

• Copy of current US visa (if available)
• Copy of current Form I-94 from CBP’s website
• Copy of Form DS-2019, I-20, or I-797A/B (based on current status)
• Copy of passport biodata and expiration page
• Copy of marriage certificate (for spouse)
• Copy of birth certificate (for each child)
• Receipt of payment of the filing fee
• Any other documents listed in the official Form I-539 instructions

2. Filing Form I-539/I-539A After the H-1B Petition is Filed

If the H-1B petition has already been submitted or approved, dependents can still apply separately to change or extend their status. They can:

• Mail the application to USCIS.
• File it online through the USCIS website.

Required Documents for Each Dependent:

• Completed and signed Form I-539/I-539A
• Receipt of payment of the filing fee
• Copy of US visa (if available)
• Copy of Form I-94
• Copy of current status documents (DS-2019, I-20, or Form I-797)
• Copy of passport bio page and expiration page
• Marriage certificate (for spouse)
• Birth certificate (for children)
• Additional documents required by the Form I-539 instructions

Important Notes

• You must file before the current visa status expires. USCIS must receive the application on or before the expiration date shown on the dependent’s I-94.
• Filing online is currently available only for individual Form I-539 applicants (not for group/family filings). If more than one dependent is applying, use the paper forms.
• If dependents are outside the US, they do not file Form I-539/I-539A. They follow Option A (H4 visa and entry at a port of entry).
• If Form I-539/I-539A is filed late, the dependent may begin to accrue unlawful presence, which can affect future immigration benefits or lead to a ban.

Step 2: Mail or Submit the Application

If mailing:

Send to the correct USCIS lockbox address (depends on where you live and whether you’re using USPS or a courier). Addresses change, so double-check the current one on the USCIS I-539 instructions page.

If filing online:

Go to https://www.uscis.gov/i539online. Follow the prompts, upload your documents, pay fees, and e-sign.

Step 3: Wait for the Receipt and Biometrics Notice

USCIS will send you a Receipt Notice (Form I-797C) by mail or online. You may get a biometrics appointment notice. Go to the appointment with a valid ID and get your fingerprints taken. If biometrics are waived, USCIS will notify you. Processing times vary, but expect 3–8 months depending on volume.

Step 4: Get the Decision

If approved, you’ll get an approval notice (Form I-797A) with your new I-94 at the bottom. This means you’re officially in H-4 status. If denied, USCIS will explain why, and you’ll need to act fast, especially if your current status has already expired.

H4 Visa Cost

Below is a complete table of the fees involved in the H-4 visa process, both for applying outside and inside the US.

Important Notes:

• If you’re applying abroad, you’ll only pay the $205 DS-160 fee, unless the consulate requires extra processing.
• If you’re applying within the US, expect to pay $520 (or $470 online) plus $85 for biometrics per person.
• Premium Processing does not apply to H-4 applications, even if your H-1B spouse uses it.

H4 Visa Processing Time

The time it takes to process an H-4 visa depends on where and how you apply. You can check USCIS case processing times here: uscis.gov. Just remember:

• If you’re applying outside the US, processing times vary by US embassy or consulate.
• If you’re applying inside the US, it depends on which USCIS service center handles your Form I-539.
• For those applying for an H-4 EAD (Employment Authorization Document), processing times can vary based on whether you’re applying with your H-4 status application or after.

H-4 Processing Time Table (as of 2025)

H4 Visa for Dependents: Let’s Recap

The H4 visa is a valuable way for families to stay together while one member works in the US. Depending on where you’re applying from, your current status, and your family’s immigration path, the steps can change.

Need help with your H-4 application? Get a FREE consultation today with the Visa Library.

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