H-4 Visa: Who Qualifies and How to Apply

Immigration » H-4 visas and work permits » Who qualifies and how to apply

H-4 status is for the spouse and unmarried children under 21 of an H-1B worker. It lets the family live together in the United States while the H-1B worker is employed.

Who qualifies

The spouse of an H-1B worker. The marriage must be legally valid where it took place.
Unmarried children under 21 years old.
Dependents of workers in the related H-2 and H-3 categories also use the H-4 symbol, with separate rules.

Applying from outside the United States

Complete the nonimmigrant visa application for each family member.
Attend a consular interview, with proof of the relationship and a copy of the H-1B approval notice.
After approval, enter with the visa. Admission is generally for the same period as the H-1B worker.

Applying from inside the United States

Family members already in the United States in another status, such as F-1 or L-2, can ask to change to H-4 on Form I-539. Time matters. The family member must keep the old status valid while the request is pending, and any work that was allowed in the old status stops once the status changes.

Documents to prepare

Passports for each family member.
Marriage certificate and birth certificates, with translations.
The H-1B approval notice and I-94 record.
Recent pay records or an employer letter confirming the worker’s employment.

What H-4 allows

Living in the United States for the authorized period.
Attending school, from elementary school to college, without a separate student visa.
Applying for a work permit if the family qualifies. See our H-4 EAD eligibility guide.

What H-4 does not allow

H-4 status does not by itself allow work. The H-4 spouse must have an approved employment authorization document before starting any job.

H-4 visas and work permits guide

How our firm helps with H-4 visas and work permits

We confirm whether your family qualifies for the H-4 work permit and prepare the application with the right proof.
We time the H-4 extension with the principal’s H-1B so no one falls out of status.
We plan for children who are approaching age 21, years before the deadline.
We coordinate dependent status with the green card case so spouses and children are protected.

Situations we handle

Spouses waiting for an I-140 approval to unlock a work permit
Teenagers approaching age-out
Families switching employers
Renewals with a tight expiration date

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with h-4 visas and work permits

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.