The H-4 visa is a dependent visa issued to the spouse and unmarried children (under 21) of an H-1B visa holder. This visa allows family members to accompany the principal H-1B worker during their stay in the United States. Over the years, the H-4 visa category has seen significant regulatory updates from the Department of Homeland Security (DHS), including expansions in employment authorization eligibility (EADs). One of the most notable policy changes extended work authorization to certain H-4 dependent spouses, strengthening both family stability and workforce participation in the U.S.
H-4 Visa Eligibility and Application Process
To qualify for an H-4 visa, you must be:
- The spouse of an H-1B visa holder, or
- An unmarried child under the age of 21 of an H-1B visa holder.
Applications are generally filed through the U.S. Consulate in the applicant’s home country. In many cases, the H-4 visa petition can be submitted concurrently with the H-1B application.
Documents Required for H-4 Visa Stamping
Applicants must typically provide:
- Completed Form DS-160 (Nonimmigrant Visa Application)
- Valid passport(s)
- Visa application fee receipt
- Visa interview appointment letter
- One U.S. visa-style photograph (2×2 inches) per applicant
- Proof of marriage (marriage certificate, wedding photos, invitations)
- H-1B holder’s documentation (approved I-797, Form I-129, LCA, and passport copies)
- Employment verification letter for the H-1B visa holder
- Recent pay stubs and tax returns (if the H-1B visa holder has been working in the U.S.)
Once approved, H-4 visa holders may engage in various activities such as obtaining a U.S. driver’s license, enrolling in educational programs, opening bank accounts, and applying for a Tax ID or ITIN.
What if Your H-4 Case Is Placed on Hold?
In some situations, an H-4 visa application may be placed on hold under Section 221(g) by the U.S. consulate. This does not mean your application has been denied. Instead, it signals that additional administrative processing or supporting documentation is required.
In these cases, the consular officer will usually return your passport and request specific documents before final approval. The good news is that your visa interview fee remains valid for up to one year, giving you time to provide the requested materials.
If you are facing delays or a 221(g) hold, it is strongly recommended to consult with the immigration attorneys at Green Card Link for guidance on the next steps.
H-4 Visa Work Authorization (EAD)
One of the most impactful updates for H-4 dependents is the ability to apply for an Employment Authorization Document (EAD). To qualify, the H-4 visa holder must meet one of the following requirements:
- Be the spouse of an H-1B visa holder who is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or
- Be married to an H-1B visa holder who has received an extension under sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21), which allows H-1B workers seeking permanent residency to remain in the U.S. beyond the six-year limit.
Applying for H-4 EAD
The application process is straightforward:
- File Form I-765, Application for Employment Authorization, with supporting evidence.
- Pay the filing fee (currently $380).
- Await USCIS processing (approvals are typically issued within 90 days).
Once approved, the H-4 spouse will receive an EAD card, granting them the legal right to work in the United States.
Why These Changes Matter
The ability for H-4 spouses to work has broad benefits. It improves economic stability for immigrant families, provides U.S. businesses with access to highly skilled professionals, and encourages talented H-1B visa holders to remain in the U.S. as they transition from temporary employment to permanent residency.
According to USCIS estimates, more than 179,000 H-4 visa holders are immediately eligible for work authorization, with an additional 55,000 expected to qualify each year.
Double-Check Your H-4 Visa
When your visa is issued, review it carefully to ensure all information is correct, including:
- Your name
- Your spouse’s name
- Date of birth
- Validity dates
- Visa type
Errors can cause delays, so it’s important to correct them right away.
How Green Card Link Can Help
Navigating the H-4 visa process—especially when employment authorization or administrative holds are involved—can be overwhelming. At Green Card Link, its immigration attorneys have extensive experience handling complex H-1B and H-4 dependent visa cases. They provide step-by-step guidance, ensure that all forms and supporting documents are properly prepared, and help families secure the benefits they are entitled to under U.S. immigration law.
If you want to ensure a smooth process for your H-4 visa or EAD application, reach out to Green Card Link today for personalized legal support.