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Explore visasI-539 / DS-160Full guide

H-4Spouse or child of an H visa holder

For the spouse and unmarried children under 21 of a worker or trainee in H-1B, H-1B1, H-1C, H-2A, H-2B or H-3 status.

At a glance

How you apply
Outside the U.S.: apply for an H-4 visa at a U.S. embassy or consulate, with the H worker or later to join them. Inside the U.S.: generally file Form I-539 with U.S. Citizenship and Immigration Services (USCIS) to change to or extend H-4 status
Checked Oct 18, 2026[1,2,3]
Who qualifies
The spouse and unmarried children under 21 of an H-1B, H-1B1, H-1C, H-2A, H-2B or H-3 worker or trainee
Checked Oct 18, 2026[4,5]
How long you can stay
The same period of admission or extension as the H worker (your spouse or parent)
Checked Oct 18, 2026[6]
Can you work
Not on H-4 status alone. The H-4 spouse of an H-1B worker can apply for an Employment Authorization Document (EAD) if the H-1B worker has an approved Form I-140 or H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). The worker must currently be in H-1B status and you in H-4 status
Checked Oct 18, 2026[6,7]
Government fees
Form I-539: $470 on paper, $420 online. H-4 visa application abroad: $205 per person, plus any visa issuance (reciprocity) fee
Checked Oct 18, 2026[8,9]

What H-4 is

H-4 is the dependent status for the spouse and children (unmarried and under 21) of a temporary worker or trainee in an H category who come with the worker or follow later to join them. The State Department's classification table lists H-4 as the spouse or child of an H-1B, H-1B1, H-1C, H-2A, H-2B or H-3.[4,5]

Your H-4 status is derived from the worker's. You are not named in the worker's petition, and your stay runs for the same period as the worker's admission or extension.[1,6]

Who qualifies

These rules come from the law and from the State Department's guidance to consular officers.

  • Spouse: the officer must be satisfied that a valid marriage exists. A party to a proxy marriage that has not been consummated cannot get derivative status from a spouse in the United States.[10]
  • Child: unmarried, under 21, and a "child" as the Immigration and Nationality Act (INA) defines it. A stepchild counts if the marriage that created the step-relationship took place before the child turned 18. An adopted child counts only if the adoption meets INA 101(b)(1)(E): generally, adopted while under 16 and in the legal custody of, and living with, the adopting parent for at least two years (the law has narrow exceptions).[5,10]
  • Joining a worker already in the U.S.: the consular officer must be satisfied that the worker is maintaining H status before issuing your visa. The worker can be maintaining status without a valid visa, for example after changing to H-1B or extending status inside the United States.[1]
  • Home abroad: spouses and children of H-1B workers do not have to show a residence abroad that they intend to return to; they qualify by showing a genuine (bona fide) relationship to the H-1B worker. Spouses and children of H-1B1, H-2A, H-2B and H-3 workers are subject to the foreign residence requirement.[1]

Getting an H-4 visa abroad

You apply at a U.S. embassy or consulate, together with the H worker or later. In general, your visa validity, period of admission and limit of stay follow the worker's; the officer uses the worker's petition validity or permitted stay to set your visa's validity.[1]

Because H-4 status does not allow work without separate approval, the officer takes that into account when judging whether your family has shown adequate means of support while in the United States.[1]

Changing to or extending H-4 inside the U.S.

Dependents generally file Form I-539 to change to or extend H-4 status. The H worker's Form I-129 can include dependents only if it is for one worker and the form version specifically provides for it. One I-539 can cover several members of a single family unit who all hold the same status (for example, an H-4 spouse and H-4 children); they all receive the same extension period, and the shortest period granted to any member is granted to all.[2,11]

File before your authorized stay ends, as shown on your Form I-94 (Arrival/Departure Record); USCIS suggests at least 45 days before. USCIS may, at its discretion, excuse a late filing if you show, when you file, that the delay was due to extraordinary circumstances beyond your control, the length of the delay was reasonable, you have not otherwise violated your status, you are still a bona fide nonimmigrant, and you are not in removal proceedings.[2,3]

Premium processing is not available for an I-539 filed for an H-4 dependent. If your I-539 is packaged with the H worker's Form I-129 and properly filed at the same time and in the same place, USCIS adjudicates it at the same time as the I-129: an officer reviews your I-539 as soon as possible after reviewing the I-129 and then takes action on it (for example, an approval, a denial or a request for evidence).[12]

How long you can stay

You may be admitted as H-4 for the same period of admission or extension as the H worker. For families of H-1B workers, that can include up to 10 days before the petition's validity period begins and 10 days after it ends.[2,6]

If the H worker's job ends, the family is not treated as out of status solely because the job ended, for up to 60 consecutive days or until the end of the authorized period, whichever is shorter, once per authorized period. This covers dependents of H-1B and H-1B1 workers and of H-2A and H-2B workers; for H-1B and H-1B1 families, the Department of Homeland Security (DHS) may shorten or eliminate the period as a matter of discretion. During that period, you may apply to extend your stay or change your status if you are otherwise eligible.[2,6]

Working on H-4 (the H-4 EAD)

H-4 status by itself does not allow you to work. You may work only if USCIS approves work authorization for you, or if you hold a different status that allows work (for example, if you are also in H-1B status yourself). State Department guidance names two exceptions for people in H-4 status: a regulation that gives work authorization to certain H-4 spouses (the H-4 EAD, below) and INA 106, which relates to battered spouses.[1,6]

The H-4 spouse of an H-1B worker may be eligible for an EAD only if the H-1B worker is the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker), or has been granted H-1B status under AC21 sections 106(a) and (b). Your application must show your marriage, that basis, that the worker is currently in H-1B status and that you are currently in H-4 status. Under AC21, H-1B workers seeking an employment-based green card may be eligible to stay and work beyond the six-year H-1B limit.[6,7]

You apply on Form I-765 under category (c)(26), and you may start working only after USCIS approves it and you receive the EAD (Form I-766); approval of this type of EAD is at USCIS's discretion. You can file the I-765 on its own (if you are already in H-4 status and do not need to extend it), together with your I-539, or with your I-539 and the H-1B worker's I-129. When you file it with those forms, USCIS decides the I-765 only after it has decided your I-539 and, where relevant, whether the worker qualifies for H-1B.[7,13,14,15]

What USCIS lists as evidence for an H-4 EAD
What you need to showWhat you can submit
Your H-4 statusA copy of your current Form I-797 approval notice for your I-539, or a copy of your Form I-94 showing your H-4 admission or your most recent approved extension
Your identityA government-issued photo ID, such as a copy of your last EAD (if any), the biometric page of your passport, a birth certificate with photo ID, a visa issued by a foreign consulate, or a national identity document with photo
Your marriage to the H-1B workerA copy of your marriage certificate
Basis: approved I-140A copy of the I-797 approval notice for the Form I-140 filed for the H-1B worker
Basis: AC21The H-1B worker's passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129, plus proof that a permanent labor certification application or a Form I-140 was filed for the worker at least 365 days before the AC21 period of admission begins. If more than 180 days have passed since the Department of Labor (DOL) certified the labor certification, also the I-140 receipt notice showing the I-140 was filed within 180 days of certification. If you have none of this, you may ask USCIS to consider secondary evidence, such as the receipt number of the worker's latest I-129 extension or approved I-140
PhotosTwo identical 2x2-inch passport-style color photos of yourself
Documents in a foreign languageA full English translation, certified by the translator as complete and accurate, and the translator's certification that they are competent to translate into English
Checked Oct 18, 2026[7]

Your EAD's expiration date should match the date on your most recent Form I-94 showing H-4 status. You cannot file a renewal I-765 more than 180 days before the current EAD expires. A renewal filed on or after October 30, 2025, does not automatically extend your EAD: an EAD in this category, and the permission to work that comes with it, ends the day after the end date on the card.[7,15]

Fees

Government fees: USCIS Form G-1055, edition 10/07/26; 22 CFR 22.1 (eCFR as of Oct. 1, 2026)
ItemFeeNotes
Form I-539 (change to or extend H-4 inside the U.S.)Paper: $470; online: $420General filing fee; the amount depends on how you file
Form I-765 (H-4 EAD, category (c)(26))Paper: $520 (general online fee: $470)General fee for an initial, replacement or renewal EAD; only for an eligible H-4 spouse. Category (c)(26) is not on USCIS's list of I-765 categories that can be filed online
H-4 visa application fee (abroad)$205 per personState Department fee for H, L, O, P, Q and R visas
Visa issuance fee (reciprocity)Set by the reciprocity scheduleCharged in addition to the application fee when the schedule sets one
Checked Oct 18, 2026[1,8,9,16,17]

Where you mail the H-4 EAD application depends on how you file it: on its own, with your I-539, or with your I-539 and the H-1B worker's I-129. USCIS changed the filing locations for Forms I-765 and I-539 on October 7, 2026, so check the current filing-address page for each form before you mail.[3,7,13]

If the H worker applies for a green card

If the H worker immigrates through a family-sponsored preference, employment-based or diversity category, you as the worker's spouse or child (as the INA defines "child") are entitled to the same immigrant status, in the same order of consideration, if you are accompanying or following to join them, unless you are already entitled on your own to immigrant status and immediate issuance of a visa in one of those categories.[18]

If you file Form I-765 together with Form I-485 (adjustment of status), list your category as (c)(9), not (c)(26), and pay the I-485 filing fee. An I-485 sent to the (c)(26) filing address is rejected along with its fees. The USCIS fee schedule (Form G-1055, edition 10/07/26) lists a $260 I-765 fee if you filed Form I-485 with a fee on or after April 1, 2024, and it is still pending.[7,8]

Common mistakes

  • Using the wrong form. An H-1B, H-1B1, H-2A, H-2B or H-3 worker's own extension or change of status goes on Form I-129, not I-539. Filing on the wrong form may lead to rejection or denial, and USCIS does not refund filing fees when a case is denied.[3]
  • Letting your I-94 date pass before you file, or working without authorization. USCIS treats either as being out of status, and then it cannot change your status except in certain limited circumstances beyond your control (a late extension filing may still be excused in the cases described above).[3]
  • Starting work while the I-765 is pending. You are not authorized to work until USCIS approves the I-765.[7]
  • Leaving out the fee or a signature. USCIS rejects an I-765 that is not accompanied by the proper filing fees or signature, and rejects any unsigned I-539.[3,7]
  • A passport that ends too soon. Your passport must be valid for the entire period of stay you request.[3,19]

Recent policy changes

  • October 30, 2025: an EAD renewal filed on or after this date no longer extends an expiring EAD automatically. For EADs in the 8 CFR 274a.12(c) classes, which include the H-4 EAD (category (c)(26)), the card and the work permission end the day after the end date on the card.[14,15]
  • September 14, 2026: after a federal court postponed a separate rule on the admission period of students, exchange visitors and foreign media representatives, USCIS said it continues to accept the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765, and is not accepting the 09/15/26 editions. Check the edition date on each form's USCIS page before you file.[3,13]
  • October 7, 2026: USCIS changed the filing locations for Forms I-539 and I-765. If you file by mail, check each form's current filing-address page on the USCIS website before you mail it.[3,13]

Recent policy changes

Official

Updates

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Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

Can I work in the U.S. on H-4?

Not on H-4 alone. If you are the H-4 spouse of an H-1B worker who has an approved Form I-140 or H-1B status under AC21 sections 106(a) and (b), and you are currently in H-4 status and the worker in H-1B status, you can apply for an EAD on Form I-765 and may start working once USCIS approves it and you receive the card. Otherwise you need another basis for work authorization, such as a status of your own that allows work.[1,6,7]

Can I go to school on H-4?

Yes. H-4 holders are permitted to study, and as the spouse or child of an H worker you do not need to change your status to attend school.[1,20]

Does my time on H-4 count toward my own H-1B limit later?

Under State Department guidance, time spent as an H-4 dependent does not count against the maximum stay available to a principal H worker, and the reverse is also true. USCIS calculates the maximum stay when it reviews a petition, so an immigration attorney can check how this applies to your own travel and status history.[1]

What happens when my child turns 21?

Interpretation H-4 is only for a "child", which the law defines as an unmarried person under 21. A son or daughter who turns 21, or who marries, no longer fits that definition, so in practice they would need to look at a different status of their own to remain in the United States. It helps to plan for this before the birthday; an immigration attorney can look at the options for your family.[5,21]

Can my family visit on a B-2 visa instead of H-4?

For a brief stay, they may. State Department guidance says a spouse or child whose planned stay is brief can travel as a B-1/B-2 visitor if they overcome the presumption of immigrant intent and meet the visitor requirements, including a residence abroad. If they already hold a valid B-2 visa and applying for H-4 would be inconvenient or impossible, the consular officer need not require an H-4 visa.[1]

My spouse is on H-2B (or H-1B1, H-2A, H-3). Can I get an H-4 EAD?

High confidence The H-4 EAD rule covers only the H-4 spouse of an H-1B worker who meets the I-140 or AC21 condition. The regulation does not extend it to H-4 children or to the H-4 spouses of other H workers, so they may work only with another basis for work authorization, such as INA 106 (which relates to battered spouses) or a work-authorized status of their own.[1,6,14]

Related categories

Content last reviewed: Oct 18, 2026 · General information, not legal advice.

Sources

  1. 1.9 FAM 402.10 TEMPORARY WORKERS AND TRAINEES - H VISASU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  2. 2.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  3. 3.I-539, Application to Extend/Change Nonimmigrant Status - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
  4. 4.22 CFR 41.12eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  5. 5.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  6. 6.8 CFR 214.2(h) - Temporary employees (H-1B)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  7. 7.Employment Authorization for Certain H-4 Dependent Spouses - USCISUSCIS · Agency page · Checked Sep 27, 2026
  8. 8.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  9. 9.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  10. 10.9 FAM 402.1 OVERVIEW OF NIV CLASSIFICATIONSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  11. 11.Instructions for Form I-129 (edition 09/09/26)USCIS · Form / instructions · Checked Sep 27, 2026
  12. 12.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
  13. 13.I-765, Application for Employment Authorization - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
  14. 14.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  15. 15.8 CFR 274a.13eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  16. 16.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  17. 17.Forms Available to File Online - USCISUSCIS · Agency page · Checked Oct 12, 2026
  18. 18.8 U.S.C. 1153 (INA 203) — Allocation of immigrant visasOffice of the Law Revision Counsel, U.S. House of Representatives · Statute · Checked Sep 27, 2026
  19. 19.Extend Your Stay - USCISUSCIS · Agency page · Checked Oct 18, 2026
  20. 20.Change My Nonimmigrant Status - USCISUSCIS · Agency page · Checked Oct 18, 2026
  21. 21.H-1B Specialty Occupations - USCISUSCIS · Agency page · Checked Sep 27, 2026