Who Is Eligible for an H-4 Visa? Eligibility Criteria, Required Documents and Latest Rules Explained

The H-4 Visa enables family members of H-1B visa holders to reside legally in the U.S., as the primary beneficiary of an H-1B visa can stay in the U.S. on this visa while their immediate family members (dependents) reside in the U.S. through the H-4 Visa. Over time, the H-4 Visa has evolved to allow spouses of H-1B visa holders to apply for an EAD (Employment Authorization Document) through the use of the H-4 Visa.

 Due to these changes, the H-4 visa has become increasingly relevant for families that wish to live in the U.S. long term. Many applicants for the H-4 Visa do not understand the very strict requirements for eligibility, documentation, and benefits. Therefore, it is very important for those applying for the H-4 Visa to fully understand the qualifications prior to applying, to avoid delays and remain in compliance with the U.S. immigration laws. 

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Who Can Apply for H-4 visa?

Family members of an H-1B holder are able to apply for a nonimmigrant dependent H-4 Visa. This means that any of your immediate family members can stay in the U.S. for the same period as you. 

Your eligible dependents may remain in the U.S. rather than simply being allowed to enter the U.S.as a result of having received this visa.

When considering whether your family will be subject to H-4 Visa, be sure that your family meets all of the eligibility criteria set forth by the H-1B program.

Eligibility Criteria for H-4 Visa

To be eligible for an H-4 visa, the applicant must satisfy the following criteria:

• An H-1B visa held by the principal visa holder.

• Evidence of a lawful marriage (in the case of spouses).

• Unmarried children who are younger than 21 years old.

• The visa holder must maintain their H-1B visa status during the entire period of time spent on the H-4 visa.

• A valid family relationship must be established between the applicant and the principal visa holder.

H-4 Visa for Spouses: Work Eligibility

The H-4 visa holder's initial restrictions on employment have been changed, and some H-4 visa holder spouses may be able to work due to the H-4 EAD (Employment Authorization Document). The spouse of an H-1B holder may apply for an H-4 EAD if either:

• The H-1B holder has received approval of their Form I-140 (Immigrant Petition for Alien Worker)

• The H-1B holder was granted an extension of their H-1B status under the provisions of AC21 and has been in that status for more than six years.

• When the H-4 spouse has an EAD, he/she may work for any U.S. employer or open his/her own business.

H-4 Visa for Children

The Children of H-4 visa holders can do many things in the United States including:

• Reside in the USA with their parent(s).

• Enroll in School, College or University.

• Participate in Full-Time or Part-Time studies.

• H-4 dependent children cannot work under any circumstances.

Required Documents for H-4 Visa Eligibility

The following outlined documents are generally required by applicants when applying for the H-4 visa: 

• Valid passport

• Copy of Form I-797

• Notice of approval for your H-1B application

• Your marriage or birth certificate

• Passport-sized photographs

• Proof of your relationship with the primary applicant

• A confirmation of your visa application form DS-160

• Evidence of your relationship with the H-1B applicant.

Duration and Validity of H-4 Visa

The validity of any H-4 visa will be based solely on the H-1B status of the primary H-1B beneficiary. Therefore, if a person's H-1B visa was either expired or revoked, their corresponding H-4 visa would also automatically expire unless that individual has received an approval for a different status.