H-4 Visa
The H-4 visa is a temporary, nonimmigrant visa issued by United States Citizenship and Immigration Services (USCIS) for the spouses and unmarried children under 21 years of age (dependents) of individuals in one of the following nonimmigrant visa categories:
• H-1B (workers in a specialty occupation)
• H-2A (temporary or seasonal agricultural workers)
• H-2B (temporary non-agricultural workers)
• H-3 (nonimmigrant trainees, other than medical or academic)
The H-4 status of an eligible spouse or child is dependent on the primary worker maintaining a valid immigration status. Thus, these individuals are referred to as H-4 dependents.
H-4 dependents can attend school—but they are not eligible for temporary employment related to their field of study—something available to some foreign students, such as those in an F-1 status.
H-4 dependents can apply for an extension to remain in the United States with their spouse or parents, but the length of stay cannot exceed that of the primary worker. H-4 dependents can also apply to change to another nonimmigrant status.
Employment Authorization for Certain H-4 Dependent Spouses
The spouse of an H-1B nonimmigrant may wish to work while residing in the U.S. with their H-1B nonimmigrant spouse. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:
• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under section 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position.
In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project—and to individuals performing services of distinguished merit and ability in the field of fashion modeling.
Eligibility Requirements for H-4 Dependent Spouse’s Employment Authorization
You are eligible for employment authorization if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:
• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers; or
• Has been granted H-1B status under section 106(a) and (b) of the AC21. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation.
In Texas, as in all states, the H-4 visa is a nonimmigrant visa that allows the spouses and unmarried children under 21 of H-1B, H-2A, H-2B, and H-3 visa holders to live in the United States. The validity of an H-4 visa is tied to the primary visa holder's status. H-4 dependents can attend school in the U.S. but are not generally allowed to work unless they meet specific eligibility criteria for employment authorization. To qualify for work authorization, the H-4 spouse must have an H-1B spouse who is either the principal beneficiary of an approved Form I-140 or has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This allows certain H-4 dependent spouses to apply for an Employment Authorization Document (EAD) using Form I-765. The regulations and processes for H-4 visas and employment authorization are federally governed by the United States Citizenship and Immigration Services (USCIS) and are consistent across all states, including Texas.
