What is the H-4 dependent spouse visa and how does it work?

The H-4 nonimmigrant visa is designed for the dependent spouses and children (under 21 years of age) of H-1B, H-1B1, H-2A, H-2B, or H-3 visa holders. As an H-4 holder, you are permitted to live in the United States for the duration of the principal visa holder's authorized stay.

To apply, you must demonstrate your relationship to the principal visa holder through a marriage certificate or birth certificate. If applying from abroad, you must schedule an interview at a U.S. Embassy or Consulate. If you are already in the U.S. in another legal status, you may file Form I-539, Application to Extend/Change Nonimmigrant Status, to switch to H-4 status.

Regarding employment, H-4 spouses are generally not permitted to work unless they qualify for an Employment Authorization Document (EAD). Eligibility for an H-4 EAD is limited to spouses of H-1B holders who are either the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker, or have had their H-1B status extended beyond the six-year limit under the AC21 Act. You must file Form I-765 to obtain this authorization.