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.
  • 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.
    • Dependent filing fees must be paid using a personal credit card issued by a U.S. bank. Contact the IFSS staff member working on your case for more information.

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.