The H-4 visa allows the spouses and children of H-1B visa holders to live legally in the United States, preserving family unity and offering stability for households built around employment-based immigration. This visa category ensures that families can remain together while the principal H-1B worker fulfills their professional obligations in the U.S.
Beyond residency, the H-4 visa can also unlock work authorization for qualifying spouses through the Employment Authorization Document (EAD). Understanding how this program works—who qualifies, how to apply, and what rights accompany it—is essential for H-1B families seeking long-term security and opportunity in the United States.
Navigating H-4 visa and EAD applications requires precision, timing, and knowledge of evolving immigration policies. Pollak PLLC provides clear, reliable guidance for H-1B families seeking stability, employment eligibility, and peace of mind.
For over 27 years, our firm has handled a full range of immigration matters involving both employment-based petitions and family-dependent visas. We understand how H-1B and H-4 petitions intersect, helping families maintain lawful status while pursuing extensions, EADs, or eventual permanent residency.
We help families navigate the complex relationship between USCIS and the Department of State during H-4 filings. Our team ensures that all required forms—such as Form I-539 for change of status and Form I-765 for EAD applications—are properly completed and submitted on time.
Each client receives direct access to our attorneys, including Managing Attorney Karen-Lee Pollak, for status tracking and updates. We prioritize responsiveness, providing timely communication and detailed explanations of every step so that H-1B families know exactly what to expect.
The H-4 visa is a dependent visa issued to immediate family members of H-1B holders. It allows them to live lawfully in the United States and, in some cases, apply for work authorization or study opportunities.
The H-4 category plays a crucial role in maintaining family unity within the U.S. immigration system. It enables spouses and children to accompany the primary visa holder while preserving their own lawful nonimmigrant status.
The H-4 visa provides dependent status to the legal spouse and unmarried children under 21 years of age of an H-1B worker. It does not grant automatic work authorization, but it allows dependents to reside, study, and, under qualifying conditions, obtain employment authorization.
An H-4 visa holder’s status is entirely dependent on the principal H-1B worker’s continued employment and lawful status. If the H-1B holder changes employers or loses their job, the dependent’s status may also be affected. Maintaining alignment between both applications is essential for compliance.
The H-4 visa is typically valid for the same period as the H-1B visa. Extensions are possible whenever the H-1B holder renews their status. H-4 dependents must file concurrent extension requests to ensure continuity of lawful stay in the United States.
Upon approval, dependents receive a visa stamp from the Department of State (if applying abroad) or an I-797 approval notice (if applying within the U.S.). The I-94 record confirms legal entry or extension of stay. Pollak PLLC ensures all documentation aligns with the principal H-1B record to avoid gaps in lawful status.
Eligibility for the H-4 visa is limited to immediate family members of an H-1B visa holder. These dependents must prove their relationship to the principal applicant and maintain lawful status throughout their stay.
Only legally married spouses and unmarried children under 21 qualify for H-4 status. Other relatives or extended family members are not eligible. Proof of marriage or parent-child relationship is required at the time of filing.
Applicants must submit civil documents such as marriage certificates or birth certificates, along with copies of the principal H-1B’s approval notice, I-94, and valid passport. Pollak PLLC reviews each case to ensure that all evidence meets Department of State and USCIS standards.
Dependents already in the U.S. under another visa category can apply for a change of status to H-4 by filing Form I-539. If the H-1B holder extends their stay, dependents must also file extensions to maintain alignment with the principal’s validity period.
Applications are often delayed or denied when relationship documentation is incomplete or inconsistent, or when dependents fail to maintain prior lawful status. Our firm prevents these issues by ensuring that each filing is timely, accurate, and supported by sufficient evidence.
The H-4 visa application process depends on whether the applicant is inside or outside the United States. Both paths require coordination with the H-1B principal’s status and timely submission of supporting forms and evidence.
Applicants must gather required documents such as proof of relationship, copies of passports, prior visas, I-94 records, and the H-1B approval notice. Form I-539 is used for dependents applying from within the United States, while those abroad must complete Form DS-160 for consular processing.
The timing of an H-4 filing depends on the principal H-1B’s visa validity. Dependents often file concurrently with the H-1B petition or as soon as approval is received. Coordinating both applications ensures synchronized expiration dates and reduces the risk of status gaps.
When filing within the United States, USCIS handles the change or extension of status. Those applying from abroad must attend an interview at a U.S. consulate, where the visa is issued after approval. Each process carries unique documentation and scheduling requirements.
Applicants already in the U.S. must not violate the terms of their current visa while waiting for approval. This includes continuing lawful activity, such as study or dependent residence. Pollak PLLC provides clear guidance to help clients maintain compliance during processing delays.
Dependents applying abroad must complete Form DS-160, schedule a visa interview at a U.S. embassy or consulate, and present proof of relationship and H-1B documentation. Biometrics may be required. Visa issuance times vary by location and consular workload.
Dependents within the U.S. file Form I-539 with USCIS for change of status or extension. If the H-4 spouse is also seeking an Employment Authorization Document (EAD), both applications may be filed together. Pollak PLLC coordinates concurrent filings to maintain continuity and minimize wait times.
One of the most important developments for H-4 visa holders has been the introduction of the H-4 Employment Authorization Document, or H-4 EAD. This program allows certain spouses of H-1B visa holders to work legally in the United States, helping families achieve financial stability and professional fulfillment while maintaining lawful status.
While not all H-4 visa holders qualify for work authorization, those who meet specific eligibility criteria can pursue a wide range of employment opportunities. Understanding how the program works, how to apply, and how policy changes could affect it is critical for planning ahead.
The H-4 EAD grants permission to work for any employer in the United States without the sponsorship requirement attached to most employment visas. This flexibility allows H-4 spouses to work full-time, part-time, or start a business, providing important support for families reliant on a single H-1B income.
The H-4 EAD program was introduced by the Department of Homeland Security in 2015 to ease financial pressure on H-1B families and retain skilled workers awaiting green card approval. It applies primarily to spouses of H-1B holders who are further along in the permanent residency process.
An H-4 EAD provides unrestricted employment options but does not offer independent immigration status. Work authorization remains tied to the principal H-1B worker’s valid status. If the H-1B employment ends, the H-4’s ability to work also ends unless another qualifying status is obtained.
Many assume that all H-4 visa holders can automatically work, but eligibility is limited to specific cases. Only spouses—not children—can apply for an EAD, and the H-1B worker must have reached certain stages in the green card process. Pollak PLLC ensures families understand eligibility before filing.
The EAD is a physical card issued by USCIS confirming that the H-4 spouse has permission to work. It functions as a federal work permit, similar to employment authorization granted under other visa categories.
The H-4 EAD allows the holder to work for any employer, operate a business, or become self-employed. Once issued, it remains valid for the same period as the H-4 visa or until the principal H-1B worker’s status changes.
EAD cards are generally valid for up to two or three years, depending on the underlying H-1B approval. Renewal requires filing Form I-765 again with supporting documents and proof that the principal H-1B worker remains eligible. Pollak PLLC assists clients with timely renewal filings to avoid lapses in work authorization.
Because the H-4 EAD depends on the principal’s H-1B and green card status, any change in employment or visa category for the H-1B worker can affect the dependent’s authorization. Coordinating both applications under the same timeline helps ensure continuous eligibility.
Eligibility for an H-4 EAD depends on the H-1B worker’s stage in the permanent residency process. Pollak PLLC reviews each family’s case to confirm that the required conditions are met before filing.
H-4 spouses may apply for an EAD if the H-1B worker has an approved I-140 immigrant petition or is eligible for extensions beyond six years under AC21. This provision recognizes that many H-1B workers face long waits for green card availability due to country-based visa limits.
The H-1B employee must maintain valid status throughout the EAD process. Any interruption in employment or change in employer could affect the dependent’s ability to work. Pollak PLLC helps families monitor these timelines to preserve authorization.
Applicants must include proof of the H-4 relationship, a copy of the principal’s H-1B approval notice, and evidence of an approved I-140 or AC21 eligibility. Supporting materials must be consistent across both applications to prevent processing delays or requests for evidence.
Denials typically result from missing documents, expired H-1B approval notices, or confusion about eligibility. Our firm ensures each application is reviewed for accuracy and compliance before submission.
The H-4 EAD application is submitted to USCIS using Form I-765, along with filing fees, biometrics (if required), and all supporting documentation.
Applicants must complete Form I-765 accurately, selecting the correct eligibility category and attaching the required evidence. Pollak PLLC assists clients in compiling and organizing materials to reduce processing delays.
Supporting documents include identification records, marriage certificates, copies of H-1B and H-4 approval notices, and I-94 records. Fees are paid by check or money order to the U.S. Department of Homeland Security.
Standard processing for H-4 EAD applications can take several months, though USCIS has introduced premium processing for certain categories to expedite reviews. Processing times vary by service center, and Pollak PLLC tracks each case through the USCIS portal.
Renewal applications should be filed at least six months before the current EAD expires. If the card is lost, stolen, or damaged, replacement can be requested through a new I-765 filing. Our team ensures renewals align with the principal H-1B worker’s current approval period.
The H-4 EAD program continues to evolve as immigration policy changes. While efforts have been made in the past to limit or rescind the benefit, federal courts and agency rulemaking have kept it active for eligible families.
Policy discussions under various administrations have emphasized the importance of retaining global talent, and the H-4 EAD remains part of that strategy. Pollak PLLC closely monitors legal and regulatory developments to help clients stay informed about future changes that could affect eligibility or processing times.
The H-4 visa provides several benefits beyond work authorization, but it also comes with limitations that depend on USCIS policy and the principal’s visa status.
H-4 visa holders can enroll in academic programs, from primary education to advanced degrees, without requiring a separate student visa. This flexibility makes the H-4 category attractive for families planning long-term residence.
Dependents traveling abroad must have a valid H-4 visa stamp to reenter the United States. If the visa has expired, they must schedule a new consular appointment before returning. Pollak PLLC assists families in planning travel around filing and processing schedules to prevent disruptions.
Without an approved EAD, H-4 visa holders cannot legally work or operate a business in the United States. Unauthorized employment can jeopardize both the dependent’s and the H-1B principal’s immigration status.
When traveling or awaiting approval of an H-4 or EAD application, dependents must ensure that their underlying status remains valid. Our firm provides detailed filing timelines to help families avoid lapses and maintain continuous legal presence.
Managing dependent and employment-based filings can be challenging, especially when applications overlap or USCIS processing times fluctuate. Pollak PLLC simplifies this process with detailed planning, transparent communication, and responsive service.
Our team provides step-by-step assistance for families applying for H-4 status, renewals, and EADs. We help coordinate concurrent filings, ensure proper documentation, and address any government requests efficiently.
For personalized guidance on maintaining H-4 or H-4 EAD status, contact Pollak PLLC. Our Dallas and Fort Lauderdale offices assist clients nationwide, helping families stay secure, compliant, and connected throughout their immigration journey.