H-4 Visas: Eligibility, Spouse EAD, and Extensions

The H-4 visa lets the spouse and unmarried children under 21 of certain temporary workers live in the United States for as long as the worker keeps valid status. It covers dependents of H-1B, H-2A, H-2B, and H-3 visa holders. On H-4 you can attend school, get a driver’s license in most states, and, if you’re the spouse of an H-1B worker who has hit specific milestones, apply for permission to work. Everything else about your stay follows the principal worker: their status is your status.

Who Qualifies as an H-4 Dependent

Federal regulation limits H-4 eligibility to two categories: the legally recognized spouse of an H-series worker, and the worker’s unmarried children under 21.¹ If the principal H-1B, H-2A, H-2B, or H-3 holder loses status for any reason, every dependent riding on that status loses it too.

The marriage has to be legally valid when you apply. USCIS recognizes common law marriages if the marriage was established in a jurisdiction that permits them and the couple met that jurisdiction’s requirements, and it continues to recognize the marriage after a move to a state that doesn’t allow common law marriage.² For children, the thresholds are staying unmarried and staying under 21. When either changes, eligibility ends.

How to Apply

Every H-4 application starts with Form DS-160, the online nonimmigrant visa application submitted through the Consular Electronic Application Center.³ You’ll also pay the non-refundable machine-readable visa fee, which is $205 for petition-based categories like H-4.⁴ After paying, you’ll schedule biometrics at a Visa Application Center and an interview at a U.S. Embassy or Consulate.

Bring documents proving the family relationship and the principal worker’s status:

An original marriage certificate for spouses, or an original birth certificate for children.
A copy of the Form I-797 approval notice for the H-1B, H-2A, H-2B, or H-3 petition.⁵
Recent pay stubs from the principal worker’s employer and a letter confirming current job duties.
A passport valid for at least six months beyond your intended stay.

Any document not in English needs a certified English translation. The translator must sign a statement certifying they are competent to translate and that the translation is accurate, and include their name, address, and the date.⁶ A professional service isn’t required; anyone fluent in both languages can do it if they provide the signed certification.

The consular interview focuses on the legitimacy of your relationship to the principal worker and the underlying H petition. Officers may ask about the worker’s employer, job duties, and how long the family plans to stay.

What You Can and Cannot Do on H-4

H-4 status does not come with work authorization. The regulation is explicit: “H-4 nonimmigrant status does not confer eligibility for employment authorization incident to status.”¹ Unless you qualify for an Employment Authorization Document as an H-1B spouse (below), you cannot work, freelance, or earn income in the United States.

Studying is a different story. H-4 holders can attend school in the U.S. without changing to F-1 status, at both K-12 and postsecondary levels.⁷ The catch: study must be incidental to your primary reason for being in the country, and you cannot extend your stay solely to finish a degree. If completing a program matters more than staying on H-4, F-1 is the better path.

Most states will issue a driver’s license to H-4 holders who present a passport, I-94 record, and the principal worker’s I-797 approval notice. Because H-4 holders without work authorization can’t get a Social Security number, many states accept a letter of SSN ineligibility from the SSA instead. Requirements vary, so check with your local DMV first.

Work Authorization for H-4 Spouses

A narrow exception lets certain H-4 spouses of H-1B workers apply for work authorization. You qualify if your H-1B spouse either has an approved Form I-140 (the employer’s immigrant petition) or has been granted an H-1B extension beyond the standard six-year limit under the American Competitiveness in the Twenty-first Century Act (AC21).¹ This benefit exists only for H-1B spouses. If your partner holds H-2A, H-2B, or H-3 status, you are not eligible.

H-1B workers are normally capped at six years in the U.S., but AC21 allows extensions in one-year or three-year increments when a green card application is pending.⁸ If your spouse is in one of these extended periods, you can apply for work authorization even without an approved I-140.

To apply, file Form I-765 with USCIS along with evidence of your spouse’s qualifying milestone.⁵ For the I-140 route, that means the I-797 approval notice for the petition. For the AC21 route, include copies of your spouse’s passports, prior I-94 records, current and prior I-797 notices for their H-1B petitions, and evidence showing the basis for the extension. USCIS filing fees change periodically, so check the current schedule before filing. Once approved, the EAD lets you work for any employer or be self-employed.

Your work authorization lasts only as long as the underlying conditions remain true. If your spouse’s H-1B status ends, or the green card process is abandoned or denied, your EAD becomes invalid regardless of the printed expiration date. You would need to stop working immediately.

Automatic EAD Extensions Are Gone

Until recently, H-4 spouses who filed a timely EAD renewal could keep working for up to 540 days while USCIS processed the renewal. That safety net is gone. As of October 30, 2025, USCIS no longer grants automatic extensions of employment authorization for renewal applications filed on or after that date.⁹ If your current EAD expires while your renewal is pending, you cannot legally work during the gap. Processing times often stretch to several months, so file as early as possible.

How Long You Can Stay and How to Extend

Your authorized stay mirrors the principal worker’s. When an H-1B holder receives an extension, the H-4 dependent’s stay doesn’t extend automatically. You file your own extension, typically on Form I-539. If the principal worker’s employer files a new H-1B petition that includes your information, the two can be bundled, but confirm with the employer or an immigration attorney that your extension is actually part of the filing.

The date that matters most is on your Form I-94 arrival/departure record, not the visa stamp in your passport. The I-94 controls how long you can legally remain in the country, and you can look it up on the CBP website. Overstaying even by one day can create problems for future visa applications and re-entry. The most common way H-4 holders fall out of status is by losing track of this date while assuming the employer is handling everything.

Traveling Outside the U.S. and Coming Back

If you leave the U.S., you generally need a valid H-4 visa stamp in your passport to re-enter. An approved I-797 extension notice alone won’t get you on a return flight or through a port of entry. If your stamp expired while you were in the country, you’ll need to visit a U.S. consulate abroad to get a new one before returning.

One exception matters. Automatic revalidation allows H-4 holders with an expired stamp to re-enter after brief trips to Canada, Mexico, or certain adjacent islands, as long as the trip lasts no more than 30 days and you hold a valid, unexpired I-94.¹⁰ It doesn’t apply if you’ve applied for a new visa that hasn’t been issued or was denied, or if you’re a national of a country designated as a state sponsor of terrorism (currently Iran, Syria, and Sudan). Travel anywhere else with an expired stamp and you’ll need to renew at a consulate before coming back.

When an H-4 Child Turns 21

An H-4 child who turns 21 or gets married loses dependent status. This is often called aging out, and it catches families off guard because it happens automatically, with no grace period. On the day the child turns 21, H-4 status ends.

The most common solution is switching to F-1 student status before turning 21. That requires acceptance from a school certified by the Student and Exchange Visitor Program (SEVP), an initial Form I-20 from the school, payment of the I-901 SEVIS fee, and filing Form I-539 with USCIS to change status.¹¹ You cannot enroll or start studies until USCIS approves the change. If the decision is still pending 15 days before the program start date, you may need to defer.

For families also pursuing a green card, the Child Status Protection Act (CSPA) may help by freezing a child’s age for immigration purposes based on when the underlying I-140 or I-130 petition was filed, accounting for processing delays. Whether CSPA applies depends on the green card category and whether the priority date is current. Start planning well before the child’s 20th birthday, since the F-1 change of status and USCIS processing can easily consume a year or more.

Taxes and Identification Numbers

Living in the U.S. on H-4 creates federal tax obligations. How you file depends on whether you meet the IRS substantial presence test: at least 31 days in the current calendar year and at least 183 days over a three-year period, using a weighted formula (all days this year, one-third of last year’s days, one-sixth of the year before).¹² Most H-4 holders living in the U.S. full-time meet it quickly and file as resident aliens.

With an EAD, you can apply for a Social Security number, either on the I-765 or at a local SSA office after your card arrives.¹³ Without work authorization, you aren’t eligible for an SSN and will need an Individual Taxpayer Identification Number (ITIN) to file. Apply using IRS Form W-7, generally submitted with your federal tax return, along with passport and visa documentation.¹⁴

1
eCFR. 8 CFR 214.2 – Special Requirements for Admission, Extension, and Maintenance of Status
2
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12, Part G, Chapter 2 – Marriage and Marital Union for Naturalization
3
U.S. Department of State Electronic Application Center. Online Nonimmigrant Visa Application (DS-160)
4
U.S. Department of State. Fees for Visa Services
5
U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses
6
U.S. Department of State. Information about Translating Foreign Documents
7
U.S. Immigration and Customs Enforcement. Nonimmigrants: Who Can Study?
8
U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status
9
U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization
10
U.S. Department of State. Automatic Revalidation
11
U.S. Citizenship and Immigration Services. Changing to a Nonimmigrant F or M Student Status
12
Internal Revenue Service. Substantial Presence Test
13
Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit
14
Internal Revenue Service. Form W-7, Application for IRS Individual Taxpayer Identification Number