If you are an H1-B worker, your legally married spouse (same or opposite sex) or unmarried children under the age of 21 may be granted H-4 immigration status. However, H-4 status cannot be granted if your dependents already have a different immigration status of their own, such as F-1, J-1, H-1B, etc.
Non-immediate family members must enter in their own non-immigrant status, most commonly as B-2 visitors.
Employment and Student Status
If your spouse and children accompany you to the United States, they cannot be employed. They can, however, attend school without restrictions.
Your dependents may apply to change their immigration status (for example, to become an F-1 student) if necessary and eligible.
As part of their required documents, H-4 visa applicants must show proof of the following:
- That you (the H-1B visa holder) have been approved to work in the United States
- That you are maintaining legal status if you are currently residing in the United States
- Proof of family relationship to you
If Your Dependents Already Reside in the United States
Family members who need to apply for initial H-4 status or an extension are responsible for completing Form I-539. It can be included in your H-1B application with the $290 filing fee. Filing instructions for H-4 status are provided with the H-1B application packet.
Eligible family member(s) who currently maintain other legal non-immigrant status in the United States can apply to change to H-4 status at any time by filing Form I-539. The form should be signed by your primary dependent, not by you, unless the oldest dependent is a minor child.
If your Dependents Reside Outside the United States
After your H-1B approval notice arrives, your dependents may apply for H-4 visas at a U.S. embassy or consulate. Present a marriage certificate for your spouse or birth certificates for your children when applying. Canadian citizens are exempted from the H-4 visa requirement.
H-4 dependents are allowed to pursue part-time or full-time studies without restrictions.
H-4 dependents may not be employed in the United States under any circumstances.
Since only those who are legally allowed to work in the United States are eligible for Social Security benefits, an H-4 dependent may not apply for a Social Security number.
As long as you, the H-1B worker, maintain lawful status, your H-4 dependents are allowed to travel in and out of the country by themselves or with you. Proper documents are required.
While it is not required, WSU International Programs strongly encourages H-4 dependents to obtain health insurance.
H-4 Status Cancellation
If you, the H-1B worker, have filed a self-petitioned green card and subsequently obtained a green card for yourself and your family member(s), you must withdraw your H-4 status with USCIS.
The immigration attorney who helped with your self-petitioned green card application can assist you.