What the H-4 covers
The H-4 is the derivative visa for the immediate family of an H-1B principal:
- Spouse (legally married)
- Unmarried children under 21
Both can:
- Live in the U.S. for the duration of the principal’s H-1B status
- Travel in and out of the U.S.
- Attend school (children) or pursue education (spouse)
- Renew the H-4 alongside each H-1B extension
What it doesn’t cover
By default, the H-4 does not include work authorization. This is the most common surprise. Spouses on H-4 cannot legally work in the U.S. unless they qualify for the H-4 EAD (employment authorization document) — see our dedicated guide on that.
The H-4 also has these constraints:
- It’s tied to the principal’s status. If the H-1B ends, the H-4 ends.
- Children age out at 21. Once they hit 21, they can no longer remain on H-4 and must transition to F-1 student visa or another category.
- An H-4 holder cannot independently apply for a green card without a separate sponsor or path.
How we handle the H-4
For each H-1B engagement, we file the H-4 alongside the principal petition. This includes:
- Form I-539 filing for change of status or extension
- Documentation of the family relationship (marriage certificate, birth certificates)
- Travel coordination for consular processing if family is abroad
- H-4 EAD evaluation if the spouse is interested in working
For families already in the U.S. on a different status (e.g., a spouse on F-1), we coordinate the transition timing carefully.
Common pitfalls
- Marriage certificate not authenticated — for marriages performed abroad, an apostille or authentication is often required
- Late filing of H-4 extensions — if filed after H-4 status expires, family members can fall out of status
- Children turning 21 while H-1B is pending green card — there are protections under the Child Status Protection Act (CSPA) but they require careful timing
- Spouse traveling abroad while H-4 EAD is pending — can disrupt work authorization
What happens at H-1B exhaustion
When the H-1B reaches the 6-year cap, the H-4 also ends — unless the principal has an approved I-140 (employment-based green card petition), which allows H-1B and H-4 extensions in 1- or 3-year increments beyond the 6-year cap.
This is why starting the green card process early matters — it preserves the family’s status, not just the principal’s.