When an H-1B professional comes to the United States, his or her spouse and children usually come too. Shihab Burke LLC Immigration Lawyers helps H-1B families obtain and maintain H-4 status, apply for and renew H-4 employment authorization, prepare for H-4 visa applications at U.S. consulates, and resolve visa delays under section 221(g). We also advise families on current laws and policy trends that affect international travel, and help them plan for permanent residence. With offices in Columbus and Dublin, Ohio, we represent families nationwide and internationally.
What Is H-4 Status?
H-4 is the nonimmigrant classification for the spouse and unmarried children under 21 of an H-1B worker. H-4 status depends on the H-1B worker’s status: it generally is granted for the same period, and it ends if the H-1B worker’s status ends.
Family members inside the United States generally request H-4 status, or an extension of H-4 status, on Form I-539, which may be filed together with the employer’s H-1B petition. Family members abroad apply for H-4 visas at a U.S. embassy or consulate.
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What H-4 Family Members May Do
- Live in the United States for as long as the H-1B worker maintains status.
- Attend school or college, full-time or part-time, without a separate student visa.
- Travel internationally and return with a valid H-4 visa stamp in their passport. Canadian citizens do not need a visa.
H-4 family members may not work in the United States unless they hold separate employment authorization. Only certain H-4 spouses are eligible for an H-4 EAD; H-4 children are not.
H-4 Children Turning 21
A child loses H-4 eligibility on his or her 21st birthday. Before turning 21, a child who wishes to remain in the United States should timely apply for an appropriate change of status, such as F-1 student status, establish another lawful basis to remain, or arrange departure. A qualifying pending application may permit continued authorized stay while USCIS decides it. For green card purposes, the Child Status Protection Act may allow some children to remain eligible as derivatives after turning 21. Families should plan well ahead of a child’s 21st birthday.
H-4 EAD: Work Authorization for H-4 Spouses
An H-4 spouse may apply for an employment authorization document (EAD) if the H-1B spouse:
- Is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has been granted H-1B status beyond the six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21) because a labor certification or I-140 petition has been pending for at least 365 days.
An H-4 EAD permits any lawful employment, including self-employment. It generally is valid for no longer than the spouse’s H-4 status, which in turn generally lasts no longer than the H-1B worker’s status. The spouse may not begin working until the EAD has been approved.
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Applying for an H-4 EAD
The H-4 spouse applies on Form I-765, Application for Employment Authorization, with evidence of H-4 status, the marriage, and the H-1B spouse’s qualifying basis. The application may be filed on its own or together with the Form I-539 request and the employer’s H-1B petition. Filing fees are slightly lower for applications filed online than for paper applications filed by mail. Current filing fees are listed on the USCIS fee schedule (Form G-1055).
Renewing an H-4 EAD
For renewal applications filed on or after October 30, 2025, USCIS no longer provides an automatic extension of the H-4 EAD while the renewal is pending. If the current card expires before the renewal is approved, the spouse must stop working until the new card is approved. To reduce that risk, H-4 spouses should file renewals well before the current card expires, and should consult an attorney about filing timing and strategy, especially when the H-1B spouse is also filing an H-1B extension.
Travel and H-4 Visas
The Department of State reviews the online presence, including social media, of H-4 visa applicants. If a consular officer refuses a visa under section 221(g) pending additional documents or administrative processing, we can help assess the request and coordinate a response. Departing the United States while a Form I-539 request is pending can cause the request to be treated as abandoned. Families should consult counsel before booking international travel.
If the H-1B Spouse Changes or Loses a Job
Because H-4 status depends on the H-1B worker’s status, a job change or loss affects the whole family. When the H-1B worker changes employers, the family’s H-4 status generally should be extended to match the new H-1B approval. When H-1B employment ends, the family’s options depend on the timing and on whether the H-1B worker finds a new sponsor, changes status, or departs. An H-4 EAD ends when the underlying H-4 status ends.
H-4 Spouses and the Green Card Process
When the H-1B worker applies for permanent residence, the H-4 spouse and children generally may be included as derivative family members. Once an application to adjust status (Form I-485) is pending, a spouse may also apply for employment authorization based on that application, which does not depend on H-4 status.
The Outlook for the H-4 EAD
DHS has listed a possible future rule to end H-4 employment authorization, but no proposal has been published, and H-4 EADs remain available. We track this and related developments on our H-1B and H-4 Updates page.
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H-4 Frequently Asked Questions
Can an H-4 spouse work?
Only with employment authorization, such as an H-4 EAD. An H-4 spouse is eligible for an H-4 EAD when the H-1B spouse has an approved Form I-140 or has been extended beyond six years based on a pending labor certification or I-140 petition. H-4 status, or a pending EAD application, does not by itself authorize work.
Can an H-4 spouse start a business?
Yes, with a valid H-4 EAD, which permits self-employment. Without employment authorization, an H-4 spouse generally may hold a passive ownership interest but may not operate the business or provide services to it, even without pay. Forming a company does not create permission to work for it.
Can H-4 children go to school or work?
H-4 children may attend school or college, full-time or part-time, without a separate student visa. They may not work unless they have a separate basis for employment authorization, because H-4 children are not eligible for an H-4 EAD.
What happens if my H-4 EAD expires before the renewal is approved?
For renewals filed on or after October 30, 2025, there is no automatic extension, a change made final effective October 14, 2026. The spouse must stop working when the card expires unless the renewal has been approved or another basis for work authorization applies. A renewal filed before October 30, 2025 may keep its automatic extension of up to 540 days, but that extension ends sooner if the spouse’s H-4 status shown on the Form I-94 expires, and H-4 status depends on the H-1B spouse’s valid status. Filing well before the card expires reduces the risk of a gap; an attorney can advise on timing.
What happens when an H-4 child turns 21?
The child loses H-4 eligibility on his or her 21st birthday. Before turning 21, the child should timely apply for an appropriate change of status, establish another lawful basis to remain, or arrange departure; a qualifying pending application may permit continued authorized stay while USCIS decides it. The Child Status Protection Act may preserve some children’s green card eligibility, but it does not extend H-4 status beyond age 21.
Talk with an H-4 Lawyer
Shihab Burke LLC Immigration Lawyers can review your family’s status, H-4 EAD eligibility, renewal timing, and travel plans. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
