H-4 status is granted to the spouse and unmarried children under 21 of an H-1B or H-2 visa holder, allowing them to accompany or join the principal visa holder in the United States.
H-4 status is entirely derivative of the principal's valid H-1B or H-2 status, so approval depends on proving the qualifying family relationship and the principal's continued valid status. Certain H-4 spouses of H-1B holders in later stages of the green card process may separately apply for work authorization (Form I-765).
H-4 status is requested via Form I-539 (change or extension of status) if the family member is already in the U.S., or through visa processing abroad alongside or after the principal applicant.
H-4 status runs concurrently with, and expires alongside, the principal's H-1B or H-2 status.
This overview is for general information only and is not legal advice. Current forms, fees, and eligibility rules should always be confirmed against official USCIS and U.S. Department of State guidance, or with one of our attorneys, before filing.
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