H-4 Spouse & Children

Your legal spouse and/or unmarried children under 21 years of age may seek H-4 status. Since H-4 status is based on your H-1B status, your dependents will lose H-4 status if you end, or otherwise fail to maintain, valid H-1B status.

Obtaining and extending H-4 status will vary depending on whether your dependents are inside the U.S. or outside the U.S.

• Outside the U.S.
  • Your dependents can obtain or extend H-4 status by applying for H-4 visa stamps at a U.S. consulate or embassy abroad. They may do this at the same time you are applying for your H-1B visa stamp, or separately if they will join you at a later date. For instructions on how to apply, review the information provided by the U.S. consulate or embassy where you and/or your dependents will apply for your visa stamps. Generally, they will be required to show:
    • Valid passport
    • Copy of your current H-1B approval notice (they may also need a copy of your UW employment letter detailing your job offer and salary)
    • Evidence of their relationship to you (spouses should show a marriage certificate; children should show a birth certificate)
    • NOTE: Documents not in English, must be translated into English.
  • Exception: Canadians do not need visa stamps. They must show these documents when requesting H-4 status upon arrival in the U.S. to Customs and Border Protection (CBP).
• Inside the U.S.
  • If the UW is filing your H-1B application, we will, as a courtesy to you, file any dependent applications at the same time your H-1B application is submitted to USCIS. You are responsible for notifying IFSS if you have dependents who need H-4 status at the time of your H-1B application. Information is provided at the bottom of the H-1B Employee Checklist regarding what types of documentation must be provided.
  • If you choose to file their applications on your own, separate from your H-1B application, you may do so. Because of legal limitations, IFSS is unable to advise directly on H-4 cases. We recommend consulting an immigration attorney for specific guidance on completing a Form I-539 with USCIS (and Form I-539A for each additional dependent).
  • There is an option to file these forms online, but it may be more expensive if you have more than one dependent. However, you may be able to pay using credit card when filing online.
  • You are responsible for completing all Form I-539s and Form I-539As. These applications are considered personal and IFSS is unable to prepare these forms on your behalf. Because Form I-539 or I-539A is a personal application, we are not authorized to contact USCIS to inquire on the status of individual I-539 extension cases.
  • You are responsible for all dependent filing fees. The UW will not pay dependent filing fees for Form I-539.
  • Tips and suggestions to minimize the chances of rejection or delay:
    • If extending H-4 status, check the status expiration date for the H-1B employee and for each H-4 dependent member – extensions must be submitted before the current status expiration date
    • Make sure all answers on the forms are typed, clear and legible, and signed and dated in original ink
    • Make sure that all copies of required documents are clear and readable
    • If you are moving while the application is pending, use a mailing address that will not change (maybe a friend or family member). USPS will not forward USCIS mail. Also, update your address within 10 days of your move using Form AR-11.
    • Make sure that the correct fees have been included. If paying fees by personal or cashier’s check, make sure that the checks have been completed, dated and signed correctly and made payable to the “US Department of Homeland Security”. See How to Write a Check.

Most H-4 dependents are not allowed to work while in the US. However, Some H-4 dependent spouses  can file for work permission if you are at a certain point in the process of seeking employment-based lawful permanent resident status.

Please visit the USCIS Employment Authorization for Certain H-4 Dependent Spouses page to learn more.

Dependents in H-4 status are permitted to study while in the US, on either a part-time or full-time basis.

If your H-4 dependent child wishes to work and study while in college, they should consider switching to F-1 status. F-1 status allows them to work up to 20 hours per week while studying full-time. They should talk to an international advisor at the school they are attending before making any decisions.