H-4 Visa, The Definitive Guide

Certain U.S. work visas allow beneficiaries to bring their family members to the U.S., offering varying benefits. The H-4 visa is a dependent visa for spouses and children of H-Visa holders, granting them the ability to live, study, and, in some cases, work in the U.S.

In this guide, we’ll cover how the H-4 visa works, processing times, eligibility, and how to apply for an H-4 Employment Authorization Document (EAD) to legally work in the U.S.

What is an H-4 Visa?

The H-4 visa is a non-immigrant visa that allows the spouses and unmarried children under the age of 21 of H-1B, H-2A, H-2B, and H-3 visa holders to accompany or join them in the United States. While the primary purpose of the H-4 visa is to reunite families, it also provides a variety of benefits, including the ability to live and study in the U.S. for the duration of the principal visa holder’s stay.

In certain cases, H-4 visa holders may also apply for work authorization through the H-4 Employment Authorization Document (EAD). This makes the H-4 visa particularly important for families seeking to maintain stability and career opportunities while living in the U.S.

H-4 Status Dependence on the Principal H Visa Holder

Your H-4 status is tied to that of the principal H visa holder. If something causes the principal holder to lose their status, you will also lose your status. Similarly, if the primary holder extends their status, USCIS will also extend your status.

Rights and Opportunities for H-4 Visa Holders

Under H-4 status, you have the right to:

• Live and study in the U.S.
• Travel in and out of the U.S. with a valid H-4 visa
• Spouses of H-1B holders can also work, after obtaining a valid Employment Authorization Document (EAD).
  • Spouses of H-2A, H-2B, and H-3 visa holders do not qualify for work authorization
• H-4 visa holders can apply for lawful permanent residence (green cards).

H-4 Eligibility

For H-4 visa eligibility, you must be a spouse or child under 21 of one of the following H-visa holders:

• H-1B: for specialty workers with bachelor’s degrees
• H-2A: for temporary agricultural workers
• H-2B: for temporary nonagricultural workers
• H-3: for those who are coming to the U.S. for training purposes

The H-4 Visa Application Process

With the H-4 visa, you can visit or accompany a spouse or parent working in the U.S. under H visa status.

Steps to Apply for an H-4 Visa:

1. Confirm H-1B Approval – Your spouse or parent must have an approved H-1B visa before you apply.

2. Apply through a U.S. Consulate—If you are outside the U.S. and not under any other nonimmigrant visa status, you will need to go through a U.S. consulate or embassy to obtain your H-4 visa.

3. Complete Form DS-160 – Fill out the DS-160 online application for nonimmigrant visas.

4. Pay the Filing Fee – After submitting the DS-160, pay the required visa application fee and keep the receipt.

5. Print Confirmation and Receipt – Print out the DS-160 submission confirmation and payment receipt for your records.

6. Schedule a Visa Interview – Book an appointment with the U.S. consulate in your home country for an in-person interview.

   • Applicants under 14 years old or over 79 years old may qualify for a visa interview waiver.

7. Attend the Visa Interview – A consular officer will ask you questions to determine the legitimacy of your case. Topics may include:

   • Your H-4 visa application details

   • Your spouse or parent’s H-1B visa and employment

   • Your plans while in the U.S.

8. Visa Approval & Passport Submission – If approved, the consulate will keep your passport and mail it back to you with the H-4 visa stamp inside.

9. Travel to the U.S. – With the visa issued, you can accompany or visit your H-1B spouse or parent in the U.S.

Additional Information:

• Be sure to bring all required documents to your interview, including proof of relationship with the H visa holder.

• If you are already in the U.S. under a different visa status, you may need to file Form I-539 to request a change to H-4 status instead of applying through a consulate.

• The visa interview is mandatory for most applicants but may be waived in certain renewal cases.

If you are selected in the 2025-2026 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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What is the H-4 Processing Time?

For most applicants outside the U.S., the “H-4 processing time” is actually just waiting for the visa interview and then passport return with the visa stamp. However, for those changing status from within the U.S., there is an actual USCIS processing time involved.

If applying from outside the U.S. (Consular Processing):

• There is no formal “processing time” for the H-4 visa itself, apart from:
  • DS-160 submission (processed immediately after completion).
  • Waiting for visa interview slot (ranges from a few weeks to several months, depending on embassy/consulate appointment availability).
    • The embassy does not automatically assign an interview date—it must be booked by the applicant.
  • Post-interview visa issuance (typically a few days to a couple of weeks for passport return with the visa stamp).

In this scenario, the biggest delay is waiting for the interview slot rather than the actual visa processing.

If applying from inside the U.S. (Change of Status to H-4):

• If someone is changing status to H-4 from another visa category (e.g., F-1, H-1B, etc.), they must file Form I-539 with USCIS, which does have a processing time.
• This USCIS processing time can take 2.5 to 7 months, depending on the USCIS center backlog.
• The applicant cannot work or travel while waiting for the change of status to be approved.

Best Strategies to Find an H-4 Interview Slot:

• Check multiple times a day – Availability changes as people cancel or reschedule. Additionally, embassies/consulates will release slots randomly.
• Look at nearby consulates – Some locations have more availability than others.
• Check During Off-Peak Hours – Check late at night or early morning when fewer people are online.
• Be Ready to Book Fast – Slots fill up quickly, so book immediately if you see an open date.

H-4 EAD Processing Times

• The average H-4 EAD processing time for spouses of H-1B nonimmigrants filing with I-539 is 3-4.5 months
• The average H-4 EAD processing time for spouses of H-1B nonimmigrants filing without I-539 (standalone) takes longer, between 5.5-9 months

H-4 Extension Processing Time

If you want to extend your H-4 visa, you can apply for an extension, which is usually processed between 2.5 and 8.5 months. You must submit Form I-539, Application to Extend/Change Nonimmigrant Status, to initiate the extension process. As with any other USCIS form, the processing time will depend on which center is assessing your form.

For example:

• California Service Center usually takes 5 months
• Nebraska Service Center usually takes around 6.5 months
• Texas Service Center usually takes around 2.5 months
• Vermont Processing Center usually takes around 8.5 months

If you already have an approved EAD (I-765) while on H-4, then you can expect your H-4 visa extension to be processed faster. For example, the Vermont processing center takes 2.5 months rather than 8 months.

Premium Processing of H-1B Petitions and H-4 Extensions

If an H-1B petition is filed with premium processing, H-4 and H-4 EAD applications submitted together are processed faster.

H-4 Adjustment of Status Processing Time

Regarding H-4 processing time for an adjustment of status, it takes between 6-12 months (this does not include the processing times of consulates for the actual visa issuance). To initiate this process, you will need to submit Form I-485.

Speak with your immigration attorney to get a better idea of what your H-4 processing time will be.

Unfortunately, while premium processing is occasionally helpful for expediting the H-1B petition, applicants cannot use it to expedite the H-4 visa processing time nor for extending H-4 visas.

If you are selected in the 2025-2026 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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H-4 Visa Costs

• DS 160 form: $205
• EAD Fee (Optional)
  • The fee is $520 for paper filing
  • The fee is $470 for online filing
• H-4 Extensions:
  • $420 for online filing
  • $470 for paper filing

How To Get an H-4 Work Permit (Employment Authorization Document)

The H-4 EAD application process:

1. Check your Eligibility

There are two requirements to meet before getting an H-4 work permit or H-4 EAD for spouses:

1. Must be the spouse of an H-1B holder—no other H visa has this benefit, and dependents do not qualify.
2. Your H-1B holder spouse must have successfully filed an I-140 petition to establish permanent residence in the U.S. The USCIS must have already approved this petition. As long as the I-140 has been approved, you are eligible for an H-4 EAD.
3. Alternatively, you may also qualify for an H-4 EAD if your H-1B spouse was granted an extension beyond the standard six-year limit under sections 106(a) and 106(b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). This applies if:
   • Your spouse’s PERM labor certification or I-140 petition has been pending for at least 365 days, allowing them to extend their H-1B status beyond six years.
   • Your spouse has an approved I-140 petition but cannot yet apply for a green card due to the visa backlog.

Tip: If your spouse’s I-140 is revoked before you obtain your EAD, you will no longer qualify for it. However, if this happens after you have gotten your work permit, it will remain valid until its expiration date. Also, if your spouse has multiple I-140s approved with the USCIS, having one revoked will not invalidate your EAD.

2. Complete and File I-765

After confirming eligibility, file an I-765 Immigrant Petition for Alien Worker. You will need to submit specific H-4 EAD documents to avoid unnecessary delays and requests for evidence (RFEs):

• Evidence of your H-4 status includes a copy of your I-797 approval notice or a copy of your I-94 arrival/departure card.
• Proof of a legitimate marriage between you and the principal H-1B holder.
  • This can be in the form of a marriage certificate copy.
• Proof of your identity such as a birth certificate, a copy of your passport, a visa, or even a past EAD.
• Evidence that your spouse has an approved I-140. You can submit the I-797 approval notice for the green card.

• Lastly, you’ll need two identical photos of yourself in color that are passport-style: 2×2 inches.

3. Pay the EAD Fee

• The fee is $520 for paper filing
• The fee is $470 for online filing

4. Wait for USCIS decision

If and when USCIS approves your petition, you will be able to work. However, you may jeopardize your eligibility for an H-4 EAD, your ability to renew your H-4 status, or obtain a green card. At worst, it can result in deportation.

Once you receive your EAD, you will enjoy the freedom to work in whatever capacity you desire, be it full-time work, part-time work, or even work for multiple employers simultaneously, just like your H-1B spouse.

However, unlike your spouse, USCIS will allow you to work for any employer and not limit your sponsor. Feel free to move from one job to the next without jeopardizing your H-4 visa status.

What if an H-1B spouse loses their job?

If your H-1B spouse loses their job, they will have 60 days to find a new employer to sponsor their H-1 B. If your spouse cannot find a new sponsoring employer, you will both fall out of status. As a result, you both will need to leave the country, and your EAD will be invalid. Several sites offer H-4 EAD tracker tools. Those can be beneficial to monitor the status of your submission.

Is there H-4 EAD premium processing?

No, H-4 EAD applications are not eligible for the premium processing option and are processed at the standard pace. However, if an H-1B petition is filed with premium processing, H-4 and H-4 EAD dependents submitted together will be processed at the same rate.

If you are selected in the 2025-2026 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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H-4 to Green Card Options

Fortunately, a significant benefit of the H-4 visa is that it has dual intent, meaning that you can pursue lawful permanent resident status (green card) without impacting your visa.

Once you are under a valid H-4 status, your green card process will be the same as any other. You will need to choose a green card based on what works best for your situation. Here are some methods:

1. You can have your H-1B spouse obtain their green card before sponsoring you for an F2A green card.
2. If your spouse becomes a citizen, they can sponsor you for a marriage-based green card, which is the green card with the shortest processing time.
3. You can have your employer sponsor you for an EB-1, EB-2, or EB-3 visa:
   1. The EB-1 is for outstanding researchers, professors, multinational executives, and managers.
   2. The EB-2 is for those with advanced degrees and exceptional ability in their field.
   3. The EB-3 is for bachelor’s degree holders, skilled workers, and other workers.
4. You can also self-petition using the EB-1A or the EB-2 green card with a National Interest Waiver.

Basic steps that are common for most immigrant visas:

1. You or your sponsor must file the appropriate petition for your green card (e.g., I-140, I-130, etc.) along with the applicable fees.
2. You must wait until your petition is approved. For the I-140, you may be able to opt for premium processing, which will make your processing time just 15 calendar days.
3. For all visas except for the marriage-based green card, you will have to wait until your priority date is current. Your priority date is the day that the USCIS receives your petition. The Department of State published its “final action dates” in its monthly visa bulletin. Once your priority date matches or passes the final action date in your category, your priority date will be current, and you can move on to the next step.
4. Lastly, you will have to file an I-485 application to adjust your status. This will take about six months to process, depending on how busy your USCIS service center is. You will officially be a lawful permanent resident after your status is adjusted (from H-4 to a green card).

Once you have your green card, you will be able to live and work freely in the U.S. without work permits. You also only have to renew your green card once every ten years, and you do not have to re-qualify.

If you are selected in the 2025-2026 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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H-4 EAD Provision

In November of 2021, AILA and USCIS settled a lawsuit regarding lost employment/wages from spouses of H-4 and L-2 visa holders as the result of processing backlogs from COVID-related protocols in USCIS field offices and the Trump administration’s mandate requiring H-4 and L-2 visa applicants to get biometrics when extending their time in the country.

During the settlement, the following was decided:

• H4 spouses who file their I-765 EAD renewal applications promptly and maintain H-4 status past the expiration date of the EAD would qualify for an “automatic extension of their employment authorization for 180 days after the prior EAD expires or until the end of their H-4 status, whichever is sooner.”
• “the agency agreed to recognize the fact that L-2 spouses are authorized to work incident to status and do not even need an EAD card. This change requires Customs and Border Patrol to modify the I-94 records given to L-2 spouses; however, and they have 120 days to do so. Until then, L-2 spouses with pending EADs will be given a 180-day automatic extension of L-2 employment authorization while a timely filed EAD renewal is pending with USCIS.”

H-4 Visa Frequently Asked Questions

Our lawyers come across many questions related to H-4 visas, and below you will find answers to the most common questions:

Am I able to travel while my H-4 visa change of status application is pending? 

No, you cannot while your H-4 visa change of status application is pending because USCIS will consider your departure from the country as abandoning the application. If USCIS deems it abandoned, they will no longer process it, and USCIS will deny it.

How long are H-4 visa work permits valid? 

The H-4 visa work permit is valid for the length of time your H-4 status is valid. Be aware that the validity of the H-4 status is dependent on the primary H1B visa holder. When you get to the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. A provision enacted in November 2021 permits H-4 spouses who filed their I-765 EAD renewal applications promptly and maintained H-4 status past the expiration date of the EAD to qualify for an “automatic extension of their employment authorization for 180 days after the prior EAD expires or until the end of their H-4 status, whichever is sooner.”

Find out How to Renew Your Work Permit.

If you are selected in the 2025-26 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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What happens if my spouse loses their job and is out of status? 

There is a 60-day grace period during which you can acquire a new H-1B job. After that, USCIS will consider both you and your spouse out of status, and your EAD will be invalid.

Can I get premium processing for my H-4 visa? 

H4 visas are not eligible for premium processing, but it is an option for H-1B holders. Thus, H-4 visa extensions will be processed faster if filed with an H-1B Extension

Which one is typically faster, getting an H-4 visa stamp at the U.S. Consulate or getting an H-4 change of status? 

It is typically faster if you can obtain an appointment for H-4 visa stamping at the consulate in your home country because you eliminate the processing lags from USCIS. In addition, with the H-4 visa stamp in your passport, you will be able to enter the United States without necessarily needing an approval notice from USCIS.

What are the average H-4 processing times in 2025?

There is no “processing time” for the H-4 visa itself, apart from the DS-160 submission, which is processed immediately after completion. The real waiting time is the wait for visa interview slot availability, which ranges from a few weeks to several months depending on embassy/consulate appointment availability.

How can I make an H-4 EAD expedite request?

Have your EAD case receipt number, address, and attorney’s contact information available when contacting USCIS. You can call them at 1-800-375-5283 or through the online USCIS portal. If outside of the U.S., contact the USCIS office near you. The USCIS officer may request further supporting evidence. After fulfilling the request, you will be able to see status updates and if additional documents are necessary.

What can you do as an H-4 visa holder? 

As an H-4 visa holder, you can get a driver’s license, EAD, seek higher education, open bank accounts, and more.

What is the H-4 visa fee in 2025? 

The visa fee for an H-4 visa is $205, like the fee for other types of H visas.

Are there standard questions that USCIS will ask at my H-4 visa interview? 

This all depends on the nature of your case and which areas the immigration officer will want to cover. Expect the officer to ask for details about your relationship with the main H visa holder. They want to rule out any possibility of an illegitimate relationship to obtain a visa.

Can H-4 visa holders work? 

You can work as long as you have an EAD, otherwise known as an H-4 EAD. However, you cannot file for an H-4 EAD renewal more than 180 days before the original EAD expires.

What is the H-4 EAD processing time?

While this is subject to change based on the service center, you can expect H-4 EAD processing time to be between 2-9 months depending on the service center that’s processing the application.

How VisaNation Law Group Can Help

When it comes to immigration law, you want to make sure that you get it right the first time. With so much change happening daily in immigration, it’s important to have an expert on your side. Hiring an immigration attorney can help you save time, effort, and money.

VisaNation Law Group’s dedicated team of H-1B and H-4 attorneys will handle everything from filing the initial petition to helping you get your EAD. So let VisaNation Law Group worry about the legal work while you focus on your plans in the U.S.

Fill out our contact form and schedule a consultation with our office today!