People often search for this issue as H-4 visa, H4 visa, H-4 EAD, H-4 work permit, Form I-765, or EAD category (c)(26). The H-4 visa is the dependent category for certain spouses and children of H-1B workers, and many families need help with H-4 extensions or changes of status, as well as determining whether the H-4 spouse qualifies for employment authorization (H-4 EAD).
H-4 Visa (H1B Dependent) — H-4 EAD Work Permit (Form I-765 / (c)(26))
H1B Dependent Visa
H-4 Visa (H1B Dependent) — H-4 EAD Work Permit (Form I-765 / (c)(26))
H4 Visa Details
An H4 visa may be obtained by an H1B, H1C, H2A, H2B or H3 visa holder’s spouse and minor children. An H4 visa holder may remain in the US as long as the H visa holder remains in legal status. An H4 visa holder may change his or her status in the US.
Employment
In general, an H4 visa holder may not accept employment. He or she must obtain a work visa. On May 26, 2015 USCIS will allow H4 visa holders who are spouses of H1B visa holders that have an approved I-140 and have been granted H1B visa status under AC21 regulations to apply for an EAD.
Study
H4 visa holders may engage in full or part time study.
For Whom Is an H4 Visa Appropriate?
Spouse and children of H visa holders who wish to visit or accompany the H visa holder to the United States.
H4 Visa Requirements
The spouse and unmarried minor children of the beneficiary are entitled to H nonimmigrant classification, subject to the same period of admission and limitations as the beneficiary, if they are accompanying or following to join the beneficiary in the United States.
Who qualifies for the H-4 EAD (work permit)?
Many people search “can H-4 work?” because most H-4 dependents cannot work unless the H-4 spouse qualifies for an H-4 EAD. In general, H-4 employment authorization is available only to certain H-4 spouses (not children) when the H-1B principal meets specific requirements.
Common eligibility situations include:
- The H-1B spouse has an approved immigrant petition (an approved Form I-140), or
- The H-1B spouse is in H-1B status beyond the normal time limits under AC21 rules (certain H-1B extensions tied to the green card process)
If the H-4 spouse qualifies, the work permit is requested by filing Form I-765 in the appropriate category (commonly (c)(26)). Because eligibility depends on the H-1B spouse’s documents and timeline, the first step is confirming the H-1B spouse’s I-140/extension posture and the family’s status dates.
H-4 extension and change of status (Form I-539)
Many families need help extending H-4 status or changing to H-4 inside the United States. H-4 cases are often tied to the H-1B principal’s status dates, so timing matters.
Common H-4 scenarios include:
- Extending H-4 status when the H-1B spouse extends
- Changing status to H-4 inside the U.S. (often filed on Form I-539) for a spouse or child who is currently in another status
- Keeping dependent documents consistent (passports, I-94 records, and approval notices) to avoid gaps
Because a lapse can create serious problems, the best approach is to confirm the family’s I-94 expiration dates and file extensions or changes early with a complete, organized packet.
Frequently asked questions about the H-4 visa and H-4 EAD
What is an H-4 visa?
The H-4 visa is the dependent category for certain spouses and children of H-1B workers.
Can an H-4 spouse work in the United States?
Only some H-4 spouses qualify for an H-4 EAD. H-4 children generally are not eligible for employment authorization.
Who qualifies for the H-4 EAD?
Eligibility is tied to the H-1B spouse’s green card process, such as an approved I-140 or certain AC21-based H-1B extensions beyond normal time limits.
What form is used to apply for the H-4 EAD?
The H-4 EAD is requested using Form I-765 in the appropriate eligibility category (commonly (c)(26)).
How do I extend H-4 status?
Many H-4 extensions are filed together with the H-1B extension. Changes or extensions inside the U.S. commonly involve Form I-539 depending on posture.
Can an H-4 dependent study?
Many H-4 dependents study in the U.S., and study is a common reason families seek H-4 status.
What is the first step if I’m not sure I qualify for H-4 EAD?
Confirm the H-1B spouse’s status dates and whether there is an approved I-140 or qualifying AC21 extension, then plan the H-4 and I-765 filing strategy around those dates.
News Related to H4 VISA
| Date | Title | Details | ||
|---|---|---|---|---|
| January 24, 2025 | Options for Nonimmigrant Workers Following Termination of Employment | USCIS provided guidance on options available to nonimmigrant workers following termination of employment, including the possibility of changing status to become the dependent of a spouse (e.g., changing to H-4 status). | ||
| December 10, 2024 | DHS Announces Permanent Increase of the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants | The Department of Homeland Security (DHS) announced a final rule permanently increasing the automatic extension period of employment authorization and Employment Authorization Documents (EADs) from up to 180 days to up to 540 days for eligible noncitizens who timely file a renewal application. | ||
| May 26, 2015 | Employment Authorization for Certain H-4 Dependent Spouses | The Department of Homeland Security (DHS) extended eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants seeking employment-based lawful permanent resident status. |
