Key Facts You Should Know
The H-4 visa is a dependent visa designed for the spouses and unmarried children (under 21 years old) of individuals who hold H-1B, H-2A, H-2B, or H-3 visas. This visa allows family members to live and study in the United States, and in certain cases, obtain work authorization.
Spouses of H-1B visa holders may apply for an Employment Authorization Document (EAD), granting them the right to work legally in the U.S. However, spouses of H-2A, H-2B, and H-3 visa holders are not eligible for employment authorization.
The H-4 visa application process includes confirming the H-1B principal’s approved petition, completing Form DS-160, paying the required fees, scheduling a visa interview at a U.S. consulate or embassy, and attending that interview. The longest wait time in this process often comes from securing a visa interview appointment.
At Green Card Link, its immigration attorneys assist families in every stage of the H-4 application—from eligibility assessment to documentation and interview preparation—to ensure a smooth and efficient experience.
Understanding the H-4 Visa
The H-4 visa is a non-immigrant visa category that enables the family members of H-visa holders to accompany or join their loved ones in the United States. The primary goal of the visa is family reunification, but it also offers substantial benefits, including the ability to study and, in some circumstances, work lawfully in the U.S.
When eligible, an H-4 spouse can apply for an EAD to pursue employment. This opportunity makes the H-4 visa especially valuable for families aiming to maintain financial stability and professional growth during their stay in the United States.
The immigration attorneys at Green Card Link provide personalized guidance to help applicants understand their rights, apply for an H-4 EAD if qualified, and stay compliant with U.S. immigration laws.
Dependence on the Principal H-Visa Holder
The H-4 visa status is entirely dependent on the status of the primary H-visa holder. If the H-1B, H-2A, H-2B, or H-3 holder loses or fails to extend their visa, the H-4 dependent will also lose or fail to extend their status. Conversely, when the principal holder’s visa is renewed or extended, the H-4 visa can also be renewed or extended accordingly.
Because of this dependency, maintaining lawful H status is critical for both the principal and the dependent family members. The experienced immigration attorneys at Green Card Link can help families manage extensions and transitions to ensure uninterrupted legal status.
Rights and Benefits for H-4 Visa Holders
H-4 visa holders enjoy several important rights and opportunities while in the U.S.:
- Live and study in the United States for the duration of the principal visa holder’s stay
- Travel freely in and out of the U.S. with a valid H-4 visa stamp
- Apply for work authorization (EAD), if the spouse holds H-1B status and meets eligibility criteria
- Apply for permanent residence (Green Card) along with the principal visa holder
While spouses of H-2A, H-2B, and H-3 visa holders are not permitted to work, they can still benefit from the educational and family stability the visa provides.
Eligibility for the H-4 Visa
To qualify for an H-4 visa, you must be the spouse or unmarried child under the age of 21 of a principal visa holder in one of the following categories:
- H-1B – Specialty occupation professionals with at least a bachelor’s degree
- H-2A – Temporary or seasonal agricultural workers
- H-2B – Temporary non-agricultural workers
- H-3 – Trainees coming to the U.S. for specialized training not available in their home country
If you are uncertain about your eligibility or your dependent’s qualifications, the immigration attorneys at Green Card Link can review your case and recommend the best course of action.
Partner With Green Card Link
At Green Card Link, its immigration attorneys are committed to helping families stay together and thrive in the United States. From initial application to EAD approval and status extensions, they provide comprehensive, compassionate, and expert immigration support every step of the way.
Whether you are an H-1B professional looking to bring your family to the U.S. or an H-4 dependent exploring work authorization options, Green Card Link can help you navigate the process with confidence and clarity.
The H-4 Visa Application Process
The H-4 visa allows the spouse or unmarried children (under 21) of an H-1B visa holder to accompany or join them in the United States. At Green Card Link, our immigration attorneys guide families through every stage of the H-4 visa process—ensuring accuracy, timely filings, and compliance with U.S. immigration laws.
Step-by-Step Guide to Applying for an H-4 Visa
- Confirm H-1B Approval
Before you apply, your spouse or parent must hold an approved H-1B visa. The H-4 category is dependent on the principal H-1B holder’s status. - Apply Through a U.S. Consulate
If you are outside the United States, you must apply for the H-4 visa through a U.S. embassy or consulate. Applicants already in the U.S. under a different visa may request a change of status using Form I-539 instead. - Complete Form DS-160
Submit the online nonimmigrant visa application (Form DS-160) accurately. Be sure to review all information before submitting. - Pay the Visa Application Fee
After submitting your DS-160, pay the required fee and save your payment receipt—it will be needed for your interview. - Print the Confirmation Page and Receipt
Print both the DS-160 confirmation page and your payment receipt for your records and for presentation during your appointment. - Schedule a Visa Interview
Book your interview at the nearest U.S. consulate or embassy. Interview wait times vary depending on the location and season. Applicants under 14 or over 79 years old may qualify for an interview waiver. - Attend the Interview
During the interview, a consular officer will ask questions about:
- Your relationship with the H-1B visa holder
- The principal visa holder’s employment and immigration status
- Your travel and stay plans in the U.S.
- Receive Your Visa and Passport
If your application is approved, your passport will be kept temporarily for visa stamping and then mailed back to you with the H-4 visa inside. - Travel to the United States
Once your visa is issued, you can join or visit your spouse or parent in the U.S. under H-4 status.
Important Reminders for H-4 Visa Applicants
Bring all required documentation, including proof of your relationship with the H-1B holder (such as marriage or birth certificates). If you are applying from within the U.S., submit Form I-539, Application to Extend/Change Nonimmigrant Status, to USCIS.
While most applicants must attend an in-person interview, certain renewals may qualify for a visa interview waiver.
Understanding H-4 Visa Processing Times
Processing times for the H-4 visa depend on where and how you apply.
If Applying Outside the U.S. (Consular Processing)
There is no fixed processing time for the H-4 visa itself. The timeline mainly depends on:
- Submitting Form DS-160 (processed immediately upon completion)
- Waiting for a visa interview appointment (ranging from weeks to months)
- Post-interview visa stamping and passport return (typically a few days to a few weeks)
The most significant delay is usually the availability of interview slots, not the visa processing itself.
If Applying Inside the U.S. (Change of Status to H-4)
Applicants changing status within the U.S. must file Form I-539 with USCIS. Processing time typically ranges between 2.5 and 7 months, depending on the workload of the service center handling your application.
During this time, applicants cannot work or travel internationally until USCIS approves the change of status.
Expert Tips for Securing an H-4 Interview Appointment
Finding an available visa interview slot can be competitive. The immigration attorneys at Green Card Link recommend:
- Checking multiple times daily: Appointment slots open randomly as others cancel.
- Exploring nearby consulates: Some consulates may have shorter wait times.
- Monitoring off-peak hours: Late-night or early-morning checks often yield results.
- Booking quickly: Once a slot becomes available, secure it immediately before it fills up.
H-4 Employment Authorization (EAD) Processing Times
An H-4 EAD allows certain H-4 visa holders (spouses of H-1B visa holders) to legally work in the U.S. Average processing times include:
- 3 to 4.5 months when filed with Form I-539 (for a change of status)
- 5.5 to 9 months when filed separately (standalone EAD applications)
H-4 Visa Extension Processing Time
If you wish to extend your stay in the U.S. under H-4 status, you must submit Form I-539 to USCIS. Processing times vary by service center and can take between 2.5 and 8.5 months on average.
Typical processing times include:
- California Service Center: ~5 months
- Nebraska Service Center: ~6.5 months
- Texas Service Center: ~2.5 months
- Vermont Service Center: ~8.5 months
Applicants who already hold an approved Employment Authorization Document (EAD) may experience faster processing. For instance, the Vermont center often reduces wait time from 8 months to about 2.5 months for such cases.
How Green Card Link Can Help
At Green Card Link, our immigration attorneys have extensive experience assisting families with H-4 visa applications, status changes, and extensions. We ensure your forms are completed accurately, supporting documents are properly prepared, and deadlines are met—reducing stress and avoiding costly delays.
Whether you’re applying from abroad or changing status within the U.S., the immigration attorneys at Green Card Link provide step-by-step support to reunite families and secure legal status under the H-4 category.
Premium Processing for H-1B Petitions and H-4 Extensions
When an H-1B petition is filed under premium processing, it can significantly accelerate the overall case timeline. In many situations, H-4 and H-4 EAD (Employment Authorization Document) applications submitted at the same time are also processed more quickly. While premium processing directly applies to the H-1B category, filing all related applications together often results in a faster outcome for dependents as well.
H-4 Adjustment of Status Processing Time
For individuals applying for H-4 adjustment of status, the typical processing period ranges from 6 to 12 months. Please note that this timeframe does not include consular processing times for visa issuance abroad. The process begins by submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) to U.S. Citizenship and Immigration Services (USCIS).
Because processing times can vary depending on individual circumstances and USCIS workload, it’s best to consult with an immigration attorney at Green Card Link for a clear understanding of your expected H-4 timeline.
It’s important to remember that premium processing cannot currently be used to expedite an H-4 visa application or extension, even though it may speed up the related H-1B petition.
H-4 Visa Fees and Costs
Below is a breakdown of H-4 visa-related filing fees:
- DS-160 Form (Visa Application): $205
- H-4 EAD Fee (Optional):
- $520 for paper filing
- $470 for online filing
- H-4 Extension Fee:
- $420 for online filing
- $470 for paper filing
These fees are subject to change by USCIS, so it is advisable to confirm the most recent rates before submission.
How to Apply for an H-4 Work Permit (Employment Authorization Document)
Obtaining an H-4 EAD allows dependent spouses of H-1B visa holders to work legally in the United States. Here’s how the process works:
1. Verify Eligibility
To qualify for an H-4 work permit, you must meet both of the following conditions:
- You must be the spouse of an H-1B visa holder (no other H-visa category offers this benefit).
- Your H-1B spouse must have an approved I-140 Immigrant Petition for Alien Worker, establishing eligibility for lawful permanent residence. Once the I-140 is approved, you become eligible to apply for an H-4 EAD.
You may also qualify if your spouse’s H-1B has been extended beyond the six-year limit under Sections 106(a) and 106(b) of the American Competitiveness in the Twenty-First Century Act (AC21) because:
- The PERM labor certification or I-140 has been pending for at least 365 days, OR
- The I-140 is approved but your spouse cannot yet file for adjustment due to a visa backlog.
Important Note:
If your spouse’s I-140 is revoked before you receive your EAD, you will no longer be eligible. However, if it’s revoked after the EAD is issued, your work authorization remains valid until it expires. If your spouse has multiple I-140s approved, the revocation of one does not automatically affect your EAD.
2. Complete and File Form I-765
After confirming eligibility, you’ll need to file Form I-765 (Application for Employment Authorization) with USCIS. Be sure to include all required documentation to prevent delays or Requests for Evidence (RFEs):
- Proof of H-4 status (copy of Form I-797 approval notice or I-94 record)
- Evidence of your marriage to the H-1B principal (copy of marriage certificate)
- Proof of identity (passport, birth certificate, prior EAD, or visa copy)
- Proof that your spouse’s I-140 has been approved (Form I-797 approval notice)
- Two recent passport-style color photos (2×2 inches)
3. Pay the EAD Filing Fee
- $520 for paper filing
- $470 for online filing
Be sure to pay the correct amount and include the payment with your I-765 package to avoid processing delays.
4. Await the USCIS Decision
Once your application is submitted, USCIS will review your materials and issue a decision. Upon approval, your H-4 EAD will grant you the legal right to work in the United States. With this authorization, you can choose to work full-time or part-time, start a business, or work for multiple employers—without the restrictions tied to your spouse’s H-1B employer.
However, maintaining valid H-4 status remains crucial. Any lapse in your spouse’s H-1B employment could jeopardize your work authorization and legal stay.
What Happens if the H-1B Spouse Loses Their Job?
If the H-1B holder loses their job, they have a 60-day grace period to secure new sponsorship. If they fail to find a new employer within that time, both the H-1B and H-4 dependents fall out of status. Consequently, you would lose your EAD authorization and may be required to leave the United States.
Many applicants use online H-4 EAD tracking tools to monitor application progress and stay informed about processing updates.
Is Premium Processing Available for H-4 EAD?
At this time, H-4 EAD applications are not eligible for premium processing. They are handled under standard USCIS timelines. Nevertheless, if your H-1B petition is filed using premium processing and your H-4 and H-4 EAD applications are submitted together, they may move through the system more quickly due to concurrent processing.
Expert Guidance from Green Card Link
Navigating the H-4 visa and EAD process can be complex, especially when aligning timelines with an H-1B petition. At Green Card Link, its immigration attorneys provide personalized guidance on H-1B, H-4, and employment authorization strategies to help families maintain lawful status and career flexibility in the U.S.
If you need tailored advice on eligibility, documentation, or filing strategy, schedule a consultation with an immigration attorney at Green Card Link today.
H-4 to Green Card Options
If you currently hold an H-4 visa, you’re in a favorable position—this visa allows dual intent, meaning you can legally pursue a U.S. green card (lawful permanent residency) without risking your H-4 status.
Once you maintain valid H-4 status, the process for obtaining a green card generally follows the same steps as any other visa holder. The key is choosing the most suitable pathway based on your personal and professional circumstances. The immigration attorneys at Green Card Link can help you evaluate your options and guide you through each stage.
Pathways from H-4 to Green Card
- Through Your H-1B Spouse:
If your spouse is an H-1B visa holder, they can first obtain their own green card and then sponsor you under the F2A family-based category. - Through Marriage to a U.S. Citizen:
Once your spouse becomes a U.S. citizen, they can sponsor you for a marriage-based green card, which typically offers the fastest processing time among family-based categories. - Through Employment-Based Sponsorship:
You may also pursue your own employment-based green card if you qualify under one of these preference categories:- EB-1 – for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers.
- EB-2 – for professionals holding advanced degrees or demonstrating exceptional ability in their field.
- EB-3 – for skilled workers, professionals with bachelor’s degrees, and other qualified workers.
- EB-1 – for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers.
- Through Self-Petition:
Eligible H-4 holders can also self-petition through the EB-1A (Extraordinary Ability) or EB-2 National Interest Waiver (NIW) categories—both allowing applicants to apply independently without employer sponsorship.
Steps in the Green Card Process
While timelines may vary, most employment-based and family-based green card processes involve the following stages:
- Step 1: You or your sponsor must file the appropriate petition (e.g., Form I-140 for employment-based or Form I-130 for family-based) with U.S. Citizenship and Immigration Services (USCIS), along with the required filing fees.
- Step 2: Wait for USCIS approval of your petition. If you file an I-140, you may opt for premium processing, which shortens the review time to 15 calendar days.
- Step 3: Track your priority date—the date USCIS receives your petition. For all categories except immediate relatives (e.g., U.S. citizen spouses), you must wait for your priority date to become current as shown in the Department of State’s monthly Visa Bulletin.
- Step 4: Once current, you can file Form I-485 (Application to Adjust Status). Processing typically takes around six months, depending on USCIS workload.
After approval, your status officially changes from H-4 visa holder to lawful permanent resident (green card holder). With your green card, you gain the freedom to live and work anywhere in the United States without needing separate employment authorization, and renewals are required only once every ten years.
At Green Card Link, its immigration attorneys help H-4 visa holders streamline this process, avoid costly errors, and secure permanent residence efficiently.
H-4 EAD (Employment Authorization Document) Provision
In November 2021, the American Immigration Lawyers Association (AILA) and USCIS reached a settlement addressing employment interruptions and financial losses suffered by H-4 and L-2 visa spouses due to COVID-related processing delays and additional biometric requirements implemented during the previous administration.
Key Outcomes of the Settlement
- Automatic EAD Extensions for H-4 Spouses:
H-4 spouses who timely file their Form I-765 EAD renewal applications and maintain valid H-4 status beyond their EAD expiration now qualify for an automatic 180-day extension of their employment authorization—or until their H-4 status ends, whichever comes first. - Work Authorization for L-2 Spouses:
USCIS also recognized that L-2 spouses are authorized to work “incident to status,” meaning they do not require an EAD card to work legally in the United States. This change prompted Customs and Border Protection (CBP) to modify I-94 records for L-2 spouses within 120 days of the settlement. Until the new I-94 system is fully implemented, L-2 spouses with pending EAD renewals receive a 180-day automatic extension of work authorization.
These policy adjustments represent significant progress for dependent visa holders, reducing employment disruptions and providing greater stability for families pursuing permanent residence.
If you’re an H-4 or L-2 spouse navigating these changes, the immigration attorneys at Green Card Link can explain your eligibility, ensure timely filings, and help safeguard your employment rights while your green card application is pending.
H-4 Visa: Frequently Asked Questions (2025)
Prospective and current H-4 visa holders often ask similar questions. Below are clear, up-to-date answers prepared for families of H-1B professionals. If you need personalized guidance, immigration attorneys at Green Card Link are ready to help.
Can I travel while an H-4 change of status is pending?
No. If you depart the United States while your H-4 change of status (COS) application is pending, U.S. Citizenship and Immigration Services (USCIS) will generally treat the application as abandoned. Once deemed abandoned, USCIS stops processing and will deny the COS request. If travel is unavoidable, consult an immigration attorney at Green Card Link to plan the safest strategy (e.g., consular processing instead of COS).
How long is an H-4 work permit (EAD) valid?
An H-4 Employment Authorization Document (EAD) is valid for the same period as your underlying H-4 status, which is tied to the H-1B spouse’s status. Renewal is typically available only if the H-1B spouse has an approved I-140 immigrant petition. Under a policy implemented in November 2021, timely-filed H-4 EAD renewals may qualify for an automatic extension of up to 180 days, but no longer than the end date of H-4 status—whichever comes first. For case-specific eligibility, speak with immigration attorneys at Green Card Link.
What if my H-1B spouse loses their job?
There is a 60-day grace period for the H-1B spouse to secure new qualifying employment or take other steps to maintain status. After that window closes, both the H-1B and dependent H-4 family members may be considered out of status, and any H-4 EAD tied to that status will no longer be valid. Immediate action with Green Card Link can help protect your options.
Is premium processing available for H-4 filings?
Premium processing is not available for H-4 petitions themselves. However, pairing an H-4 extension with an H-1B premium-processed extension may streamline the overall timeline because the principal’s approval can help move the dependent case along. At Green Card Link, its immigration attorneys can help you coordinate filings.
Which is typically faster: H-4 consular visa stamping or H-4 change of status?
If you can obtain a prompt consular appointment in your home country, visa stamping is often faster because it avoids USCIS adjudication queues. With a valid H-4 visa stamp in your passport, you can reenter the United States without waiting for a domestic COS approval notice. Appointment availability varies by consulate; consult Green Card Link to evaluate timelines.
What are average H-4 timelines in 2025?
There is no standalone “processing time” for the H-4 visa beyond the immediate DS-160 submission. The real constraint is consular appointment availability, which can range from a few weeks to several months depending on the embassy/consulate. For those filing H-4 COS or extensions with USCIS, posted times vary by service center. Immigration attorneys at Green Card Link can review current local wait times.
How do I request an H-4 EAD expedite?
Have your EAD receipt number, mailing address, and representative’s contact details ready. You can request expedited processing by calling USCIS at 1-800-375-5283 or by using your USCIS online account. If you are abroad, contact the appropriate USCIS office or follow the guidance provided by the consulate. Be prepared to submit supporting evidence (e.g., severe financial loss to a company or person, humanitarian reasons). You can track updates in your USCIS account after an officer reviews the request. For strategy and evidence preparation, work with an immigration attorney at Green Card Link.
What can I do in the United States as an H-4 visa holder?
With valid H-4 status, you can obtain a driver’s license, open bank accounts, attend school or pursue higher education, and—if you have a valid H-4 EAD—work for any U.S. employer, start a business, or engage in self-employment consistent with federal and state law.
What is the H-4 visa fee in 2025?
As of 2025, the H-4 visa application fee at the consulate is $205, the same fee charged for other H-class visas. Other costs (such as visa issuance fees, if applicable, or USCIS filing fees for domestic extensions/EADs) are separate.
What questions will I face at the H-4 visa interview?
Interviews vary by post and by case. You should be ready to discuss your relationship to the H-1B principal, demonstrate genuine marital or parent-child ties, and present documentation establishing eligibility. The officer’s goal is to confirm that the relationship is bona fide and that you meet all statutory and regulatory requirements.
Can H-4 visa holders work?
Yes—with an approved H-4 EAD. You must maintain valid H-4 status, and you cannot file for EAD renewal more than 180 days before your current EAD expires. Filing early within that window helps minimize employment gaps. At Green Card Link, its immigration attorneys can help you calendar key dates and assemble a complete EAD filing.
How long does H-4 EAD processing take?
USCIS processing times fluctuate by service center and workload. In many cases, H-4 EAD adjudications range from a few months up to nine months. Your timeline may be influenced by whether your H-4 status is being extended concurrently and whether biometrics or additional evidence is requested. Immigration attorneys at Green Card Link can check current posted times and advise on the best filing strategy.
Why choose Green Card Link for your H-4 and H-1B needs?
Immigration mistakes can be costly. With rules and policies shifting, it pays to work with seasoned professionals. Green Card Link provides comprehensive support for H-1B principals and their H-4 family members—from strategy and filing to EAD approvals and travel planning—so you can focus on your life and career in the United States.
Talk to immigration attorneys at Green Card Link today.
Schedule a consultation through our contact form, and a team member will follow up to discuss your goals and next steps.