H-4 Dependents

Dependents of H-1B employees (spouses or children) can be in the U.S. in H-4 visa status.

• The H-4’s status is contingent upon the continued validity of the
   H-1B’s status.
• H-4 dependents are not allowed to work while in the U.S.
• When H-4 dependent children turn 21, they are no longer  
  considered “children” under I.N.A. In this case, they must change 
  to another nonimmigrant status.

If dependents are in the U.S., ISSO can submit the H-4 application together with the H-1B at the time the H-1B is filed. Please visit our FORM tab for:

• Form I-539 for H-4 Application
• H-4 Attachments Checklist

Extended Family and Domestic Partners
Extended family members (parents, grandparents, siblings, aunts, uncles etc.) and domestic partners are not eligible to come to the U.S. as dependents in H-4 status. They must apply for a B-1/B-2 Visitor visa, or come to the U.S. under the Visa Waiver Program.

Same Sex Spouses
If you are legally married to someone of the same gender in your home country, they must obtain their own primary visa (e.g. B-1/B-2 Visitor Visa) if they wish to accompany you on your visit. Please give yourself plenty of time to plan out this process. For more information, please visit our LGBT resources page.