H-4 Visa: Dependent Visa for Spouses and Children of H Workers

You can get H-4 status if you are the legal spouse or unmarried child under 21 of someone who holds, or is getting, one of these visas:

• H-1B (specialty occupations)
• H-1B1 (Chile and Singapore professionals)
• H-2A (temporary farm work)
• H-2B (temporary non-farm work)
• H-3 (trainees)

Same-sex marriages count if the marriage is legally valid where it took place. Unmarried partners, including long-term partners, do not qualify for H-4; they usually visit on a B-2 visa or need their own status. Parents and siblings of H workers also do not qualify.

Your stay is tied to the H worker's status. If they lose their job or leave the United States, your status is affected too. If you do not have a work permit, you may need an Individual Taxpayer Identification Number (ITIN) for tax filing; see our guide on SSN and ITIN.

Only spouses of H-1B workers can get an H-4 employment authorization document (EAD), and only if the H-1B worker:

1. Has an approved Form I-140 immigrant petition, or
2. Has been granted H-1B status beyond the usual 6-year limit based on a pending green card case (under the law known as AC21)

H-4 spouses of H-1B1, H-2A, H-2B, and H-3 workers cannot get an EAD. H-4 children cannot get one either.

You apply on Form I-765. Once approved, you can work for any employer, start a business, or be self-employed. See our EAD work permit guide.

The 2025 renewal change

For years, H-4 EAD holders who filed a renewal on time got an automatic extension of up to 540 days while USCIS processed it. A Department of Homeland Security interim final rule ended that for renewals filed on or after October 30, 2025. Now, if your EAD expires before the renewal is approved, you must stop working until the new card arrives. File your renewal as early as USCIS allows (generally up to 180 days before expiry), and plan for a possible gap.

Your H-4 status ends on the same date as the principal worker's, or earlier if shown on your I-94 (for example, if your passport expires first). When the H worker extends or changes employers, you file Form I-539 to extend your H-4 status. The I-539 can be filed together with the employer's petition.

Children turning 21 lose H-4 eligibility on their 21st birthday. Before then, they should change to another status, such as the F-1 student visa. If a green card case is pending, the Child Status Protection Act may help in some cases; ask an immigration lawyer.

If the H-1B worker loses their job: the worker generally has a grace period of up to 60 days to find a new sponsor, change status, or leave, and H-4 family members follow the same timeline. An H-4 EAD ends when the underlying H-4 status ends.

If you divorce: H-4 status depends on the marriage. After a divorce is final, you no longer qualify and need another status or must leave. Talk to an immigration lawyer early.

Switching to your own status: an H-4 spouse can be sponsored for their own H-1B, which usually means going through the lottery, or can change to F-1 to study. You file the change inside the United States (Form I-539, or the employer's Form I-129 for work status). See our guide to change of status.

Processing times for Forms I-539 and I-765 are on the USCIS processing times tool.

Proclamation 10998, in effect since January 1, 2026, blocks all visas, including H-4, for nationals of the 19 fully restricted countries. H-4 is not among the categories restricted for the 20 partially restricted countries.

Since December 2025, H-1B and H-4 visa applicants have been subject to the State Department's online presence (social media) review. Book interviews early and check your embassy's instructions.

When the H-1B worker gets a green card through an employer, the spouse and children under 21 usually get green cards as derivative beneficiaries in the same case. If you are in the United States, you file your own adjustment of status application at the same time as the principal.

Common reasons for H-4 refusals:

• Not enough proof of the relationship (bring the marriage certificate, children's birth certificates, and photos or joint documents for newer marriages)
• Problems with the principal worker's status or employment
• Doubts that the marriage is genuine
• Past immigration violations by the H-4 applicant

If an earlier application was refused, see visa denials and waivers.