H4 Visa: Requirements, Work Rules, Stamping and Extension

An H-4 visa is the U.S. nonimmigrant visa for the spouse and unmarried children under 21 of a temporary worker in H status, most often an H-1B professional. It lets the family live in the United States for as long as the worker's status lasts. H-4 holders may study. They may not work unless they are the spouse of an H-1B worker who has reached a specific stage of the green card process and they have an approved Employment Authorization Document (EAD).

This guide explains who qualifies, how to get the visa stamp abroad under the 2026 consular rules, how to extend or change H-4 status inside the United States, and what the status allows. It is general information, not legal advice.

What is an H-4 visa?

Federal regulations (8 CFR 214.2(h)(9)(iv)) provide that the spouse and children of an H worker who accompany or follow to join the worker "may be admitted, if otherwise admissible, as H-4 nonimmigrants for the same period of admission or extension as the principal spouse or parent." The same paragraph states that H-4 status "does not confer eligibility for employment authorization incident to status." USCIS puts it this way for H-1B families: "Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification."

Visa versus status

Two different things are both called "H-4."

• The H-4 visa is the stamp a U.S. embassy or consulate places in your passport. You need it to travel to the United States and ask to be admitted. It is issued by the State Department.
• H-4 status is your permission to stay, recorded on Form I-94. You get it when a border officer admits you, or when USCIS approves a Form I-539 filed inside the country. It is controlled by the Department of Homeland Security.

A visa can expire while your status remains valid; you only need a new stamp the next time you travel abroad and return. The State Department notes that "a valid U.S. visa in an expired passport is still valid" when carried with the new passport.

Can you work on an H-4 visa?

Not on the visa alone. This is the most common question about H-4, and the answer has three parts.

1. H-4 status does not include work authorization. Working without it is a status violation.
2. Certain H-4 spouses of H-1B workers can apply for an EAD. USCIS says you are eligible if your H-1B spouse "is the principal beneficiary of an approved Form I-140" or "has been granted H-1B status under sections 106(a) and (b) of AC21," the law that allows H-1B extensions beyond six years for workers in the green card process.
3. You may start only when the card is approved. In USCIS's words, "You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working."

Once approved, the H-4 EAD allows work for any employer, or self-employment, until the card expires. Spouses of H-1B1, H-2A, H-2B and H-3 workers hold H-4 status but are not covered by the EAD rule, and children are never eligible. The application process is in H-4 EAD eligibility and how to apply; current waits are in H-4 EAD processing time.

Without an EAD you generally cannot get a Social Security number. For tax filing, H-4 dependents without one use an Individual Taxpayer Identification Number from the IRS.

Studying on H-4

H-4 spouses and children may enroll in school, college or graduate programs without changing status. An H-4 child attends public K-12 school like any resident child. What H-4 does not provide is the work authorization tied to F-1 student status, such as on-campus employment or Optional Practical Training. A student who wants those must change to F-1 (see below). An H-4 child who will turn 21 before finishing a degree needs to plan a change of status before the birthday, because H-4 eligibility ends that day.

How to apply for an H-4 visa at a consulate

You can apply together with the H-1B worker or later, once the H-1B petition is approved.

1. Complete Form DS-160, the online nonimmigrant visa application, for each family member, and upload a photo.
2. Pay the visa application fee. The State Department lists $205 for petition-based categories, including H. Nationals of some countries also pay a visa issuance (reciprocity) fee after approval.
3. Schedule an interview at the U.S. embassy or consulate in your country of nationality or residence.
4. Set your social media accounts to public. H-4 dependents are among the categories covered by the State Department's online presence review.
5. Attend the interview with the required documents.
6. Wait for the passport to be returned with the visa, or for further instructions if the case needs administrative processing.

Required documents

The State Department's temporary worker visa page lists:

• a passport valid for at least six months beyond your period of stay, unless exempt by country-specific agreement;
• the DS-160 confirmation page;
• the application fee payment receipt, if you pay before the interview;
• a photo, if the DS-160 upload failed;
• the receipt number of the approved Form I-129 petition, as shown on the Form I-797.

It adds that officers may request additional documents. For H-4 applicants these commonly include the original marriage certificate, children's birth certificates, a copy of the worker's Form I-797 approval notice and H-1B visa, an employment verification letter and recent pay statements, and wedding photographs or other proof that the marriage is genuine. Check the website of the post where you will apply, since each publishes its own list.

The 2025 and 2026 rule changes that affect H-4 stamping

The practical effect is that "dropbox" renewals are no longer available for H-4, third-country stamping is discouraged, and children need to appear in person. Build that into any trip abroad.

H-4 visa appointment wait times in India

The State Department publishes the estimated wait for the next available interview by post and visa type. For petition-based categories (H, L, O, P, Q), its Global Visa Wait Times table, last updated September 17, 2026, showed:

The department updates the table monthly and cautions that the figures "do not guarantee a visa applicant will get an appointment within a specific time." Posts release additional slots regularly, so check the scheduling system after booking.

H-4 visa interview questions

There is no official question list. Consular officers are confirming two things: that the H-1B worker's job and status are real and current, and that your relationship to the worker is genuine. Applicants commonly report questions such as:

• Who is your spouse's employer, and what does your spouse do there?
• Where does your spouse work and live in the United States? What is the salary?
• When and where did you get married? How did you meet?
• Have you been to the United States before? In what status?
• What will you do in the United States? Do you plan to work or study?
• For children: who will accompany them, and where will they attend school?

Answer truthfully and briefly, and know the basic facts on your spouse's petition. If you intend to apply for an H-4 EAD and your spouse has an approved I-140, saying so is accurate and permitted.

Checking H-4 visa status

After the interview, track the application on the State Department's Consular Electronic Application Center (ceac.state.gov) using your DS-160 application ID. Typical results are "Issued," "Refused" (which includes cases placed on hold for more documents or administrative processing) and "Administrative Processing." This is separate from USCIS case status, which applies to forms filed in the United States; see H-4 EAD status for that system.

Extending H-4 status inside the United States

An H-4 extension is requested on Form I-539, Application to Extend/Change Nonimmigrant Status, usually at the same time the employer files the worker's H-1B extension on Form I-129.

The Form I-539 instructions ask H-4 applicants for a copy of the front and back of the Form I-94 for each person, evidence of each person's relationship to the worker (marriage or birth certificate and proof that any prior marriage ended), and evidence of the worker's status, such as a copy of the Form I-129 filed for the worker or its Form I-797 receipt or approval notice. Your passport should be valid for the whole period you request.

USCIS lists the I-539 among forms that can be filed online. If you are also applying for an H-4 EAD, note that the C26 Form I-765 is not on the online list and USCIS tells applicants who file the two together by mail to send both to the same location.

If the worker's H-1B extension is filed with premium processing, the I-129 may be approved within 15 business days. The H-4 extension has no such guarantee. A court settlement that required USCIS to decide them together expired in January 2025.

What if the I-94 expires while the extension is pending?

USCIS states that you must file before your authorized stay expires and that late filing is excused only in limited circumstances beyond your control. A timely filed extension generally allows you to remain while it is pending, but it does not extend an H-4 EAD: since October 30, 2025, a pending renewal no longer keeps an expiring work permit valid. See H-4 EAD automatic extension and renewal.

Changing to or from H-4

Changing to H-4 inside the United States

Someone already in the country in another status, such as F-1 or L-2, can ask to change to H-4 on Form I-539. USCIS's posted time is 7.5 months when filed with an I-765 and 10.5 months without. Do not travel abroad while a change of status is pending; USCIS has said it treats the application as abandoned if you leave before approval.

H-4 to H-1B

An H-4 holder can become an H-1B worker when an employer files a petition on Form I-129 with a request to change status. Unless you were counted against the H-1B cap in the past, the petition goes through the annual registration and selection process. The benefit of your own H-1B is independence from your spouse's status. Time spent in H-4 status is not counted toward the six-year H-1B maximum under long-standing USCIS policy.

H-4 to F-1

A change to F-1 student status is also filed on Form I-539, after a school issues a Form I-20. This is one of the few I-539 filings with premium processing: USCIS lists a $2,075 fee and a 30-business-day clock for changes to F, M or J status.

H-1B to H-4

A worker who stops working, for example to study or care for family, can change to H-4 if the spouse holds H-1B status. Time later spent in H-4 does not use up H-1B time.

What ends H-4 status

• The worker's status ends. H-4 depends entirely on the principal. Current rules allow a grace period of up to 60 days after H-1B employment ends. DHS proposed eliminating that grace period on September 11, 2026; the proposal is open for comment until November 10, 2026 and has not taken effect.
• Divorce. A final divorce ends the spouse's eligibility.
• A child turns 21 or marries.
• Unauthorized work or another status violation.
• The I-94 date passes with no extension filed.

H-4 visa fees and costs

All figures checked October 14, 2026. A "visa integrity fee" created by 2025 legislation did not appear on the State Department's fee page when we checked; confirm the current fees before you pay.

H-4 and the green card

H-4 is a temporary status, but most H-4 families are on the way to permanent residence through the worker's employer. The spouse and children are included as dependents when the worker's priority date becomes current. How long that takes depends on category and country of birth:

• PERM processing time for the labor certification stage;
• the Visa Bulletin for priority date movement;
• how long it takes to get a green card;
• EB-1 and EB-2 NIW, which an H-4 spouse with strong credentials can sometimes pursue independently.

Because a child stops qualifying as a dependent at 21, families with teenagers should ask an attorney early about age-out protections.

Is the H-4 program changing?

The H-4 visa category itself is set by statute and regulation and is not the subject of any published proposal. The debate concerns the work permit: DHS's 2026 regulatory agenda lists a possible rule to remove H-4 spouses from the classes eligible for employment authorization, with no date and no proposed text as of October 14, 2026. The dated record is in H-4 EAD news.