The United States Citizenship and Immigration Services (USCIS) allows immediate family members of H visa holders to get H-4 visas to lawfully come and stay in the US. The H-4 visa is a dependent US visa issued to the family members of a H Visa holder, including H-1B, H-1C, H-2A, H-2B and H-3.

H-4 Visa Privileges

The holder of a H-4 visa may:

  • Enter into the US with a spouse or join a spouse later
  • Avoid maintaining a foreign residence
  • Travel in and out of the US or stay in the US continuously
  • Study in any US university

Duration

H-4 status depends on the status of the principal H visa holder. When the principal H visa holder loses status so does the H-4 visa holder. H-4 visa holders can reside in the US as long as the H visa holders keep their legal status.

Work

A H-4 visa holder must be supported by the principal H visa holder and isn't allowed to work in the US. If the visa holder wants to work in the US, he must get a work visa, allowing him to temporarily live and work here.

Although a H-4 visa holder isn't eligible for a Social Security number and can't work, a H-4 visa holder can hold a driver's license, open bank account(s) and get an ITIN (Tax ID for Internal Revenue Service tax purposes).

Study

A H-4 visa holder may study either part or full time while in the US without applying for a student visa.

Change in Status

A H-4 visa holder may apply for change to another nonimmigrant status. Alternatively, family members may be admitted to the US in other nonimmigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has received approval of a H-1B visa petition to employ the spouse.

Travel restrictions

There are no travel restrictions on a H-4 visa.

Application

Once the principal H applicant receives the Form I-797, Notice of Approval, from the USCIS, a H-4 visa may be applied for by submitting:

  • A filled-in Form DS-156, Nonimmigrant Visa Application
  • A recent 2" x 2" photograph of each applicant, with the entire face visible
  • A passport, valid for travel to the US for at least six months longer than the intended visit
  • A copy of the marriage certificate for a dependent spouse
  • A birth certificate for a dependent child below age 21

H-4 applicants who are in the US should submit their H-4 visa applications to a USCIS field office in the US. H-4 applicants who are outside the US should submit their visa application to the US Consulate where they live.

Questions for Your Attorney

  • Does a H-4 visa allow the visa holder to work in the US?
  • Where should a H-4 visa application be submitted?
  • What is the processing time for a H-4 visa?