The H-1B visa is among the most sought-after work visas for professional workers in the U.S. Nevertheless, for those relocating with their families, it is imperative to know about dependent visa provisions for spouses. H-1B visa holder spouses can apply for an H-4 visa, but can they work in the U.S.? The response is contingent on specific conditions, and recent immigration policy changes have provided easier access for some H-1B spouses to obtain work authorization. In this article, we have discussed everything about the H-1B Visa for Spouse (H-4 visa), such as
What is an H-4 dependent visa?
Can an H-1B visa spouse work in the United States?
How to get an H-4 visa from India or abroad
How to obtain a work permit (H-4 EAD) for H-1B spouses
H-4 spouse work authorization news updates (2024)
H-4 visa processing time, fees, and documents needed
Let’s get started!
What is the H-4 Dependent Visa?
H-4 visa is a derivative visa that is issued to the spouse and children (below 21 years of age) of an H-1B visa holder. The visa allows family members to live in the U.S. during the time that the primary H-1B visa holder works.
Key Highlights of the H-4 Visa
Allows spouses and children of H-1B workers to stay in the U.S.
Work authorization not provided by default (spouses need an H-4 EAD to work).
Children of H-4 may not work but can study in the U.S.
The H-4 visa depends upon the status of the H-1B holder—if the H-1B visa is spent, the H-4 visa is expired as well.
Key Point: The H-4 visa does not grant work authorization per se. The spouse would have to apply individually for an H-4 EAD (Employment Authorization Document) if he or she wishes to work lawfully.
Related: H-1B Visa Sponsorship
Can an H-1B Visa Spouse Work in the U.S.?
Yes, but only if they possess a valid H-4 EAD (Employment Authorization Document).
Who is Qualified for an H-4 Work Permit (H-4 EAD)?
The H-1B visa recipient should have a valid I-140 (Green Card petition) approved.
The H-4 spouse has to apply and get an H-4 EAD card from USCIS.
The H-4 EAD permits unfiltered work—H-4 spouses can work full-time, part-time, or even begin a business in the United States.
Without an H-4 EAD, an H-1B spouse CANNOT work legally in the U.S.
Latest H-4 Spouse Work Authorization News (2024 Update)
The U.S. government has announced policies allowing it to be easier for H-4 spouses to obtain work authorization.
Automatic H-4 EAD Extension: If an H-4 spouse applies to renew an EAD, they can continue to work for 180 days at the most until approval of the new one.
Expedited Processing for H-4 EAD Applications: The USCIS has expedited the process to eliminate work permit approval delays.
More H-1B Spouses Are Eligible to Work: If an H-1B employee switches employers but keeps an approved I-140, the H-4 spouse remains eligible to apply for or renew an employment authorization document.
Tip: It is always best to visit the USCIS website or seek advice from an immigration attorney for the latest information on H-4 EAD processing times and policies.
How to File for an H-4 Visa from India and Other Countries
If you’re a spouse of an H-1B visa holder and out of the United States, you must file for an H-4 visa at the U.S. consulate before reaching the U.S.
Step-by-Step Guide to Applying for an H-4 Visa Outside the United States
Step 1: Complete DS-160 Form
- Go to the website of the U.S. Department of State and fill out Form DS-160 (Online Nonimmigrant Visa Application).
- Print the DS-160 confirmation page for the visa interview.
Step 2: Pay H-4 Visa Fee
- The H-4 visa fee is $190 (approximately ₹15,800 in India).
- Pay online through the U.S. Visa Appointment System for India (USTRAVELDOCS.COM).
Step 3: Schedule a Visa Interview at a U.S. Consulate
- Choose a U.S. consulate in India (Mumbai, Delhi, Chennai, Hyderabad, or Kolkata).
- Book a visa interview date and biometric appointment date.
Step 4: Have the Visa Interview
- Visit the Visa Application Center (VAC) for biometrics before going to the interview.
- Bring all required documents (passport, DS-160 confirmation page, marriage certificate, approval notice of the H-1B spouse).
Answer questions on your spouse’s work, employer, and visa status.
Step 5: Get Your H-4 Visa
- The approved passport will be stamped with an H-4 visa in 5-10 business days.
- You may now enter the U.S. and seek H-4 EAD (if qualified).
Check Out: H-1B Visa News
How to Apply for an H-4 EAD (Work Permit for H-1B Spouse)
The H-4 spouse may apply for a work permit (EAD) upon arriving in the United States after the approval of the H-1B spouse’s I-140 (Green Card petition).
Step-by-Step H-4 EAD Application Process
Step 1: Fill out the Employment Authorization Application (Form I-765)
Step 2: Get the necessary paperwork ready
- A copy of the H-4 visa approval notice (I-797)
- A copy of the I-140 approval notice for the H-1B spouse
- A copy of the passport, visa, and marriage license
Step 3: Pay the $410 filing fee
Step 4: Apply to the USCIS
Step 5: Await permission, which could take three to six months to process.
Tip: H-4 spouses can begin working as soon as they acquire their EAD card. They might create their own business or work for any corporation.
Challenges in Getting an H-4 Work Permit (H-4 EAD)
Although H-4 spouses are allowed to work in the U.S., there are a few issues with acquiring and keeping the H-4 EAD:
1. H-4 EAD Processing Times are Long
Problem: H-4 EAD processing takes 3-6 months or more, which delays employment.
Solution:
- Renew at least 6 months before expiration.
- Use the 180-day automatic extension to renew EAD.
2. H-4 Spouses Have No Automatic Work Authorization
Problem: Unlike L-2 visa holders (L-1 visa holder spouses), H-4 spouses need to apply independently for work authorisation.
Solution
- File an H-4 EAD as early as possible after entering the U.S.
- See if your spouse’s employer can speed up the Green Card process to make you eligible for work authorisation earlier.
3. Reliance on the Employment Status of the H-1B Visa Holder
Problem: The H-4 spouse’s work permit can be impacted if the H-1B visa holder loses their job or moves employers.
Solution
- Ensure the I-140 is still valid so the spouse can continue working if the H-1B holder transfers to employers.
- To guarantee the spouse a permanent employment status, take into account H-1B to Green Card choices.
4. Not Every H-1B Holder Can Get H-4 EAD
Problem: The spouse of an H-1B visa holder cannot apply for an H-4 EAD if the spouse does not have an accepted I-140 (Green Card petition).
Solution
- Verify whether the employer of the H-1B visa holder is authorized to initiate the Green Card application process.
- If qualified, think about switching from H-4 to H-1B.
How to Transition from H-4 to H-1B Visa (For Spouses Seeking Independence)
Some H-4 spouses prefer to switch to an H-1B visa to have work authorization without restrictions. Here’s how you can do it:
1. Find an H-1B Sponsoring Employer
Apply for jobs with companies that sponsor H-1B visas (IT, finance, healthcare, research, etc.). Use H1BGrader, MyVisaJobs, and LinkedIn to find companies that frequently hire foreign workers.
2. Participate in the H-1B Lottery (If Applying from H-4 Status)
In case you are selected through the H-1B lottery, your employer will file Form I-129 (H-1B petition).
You can start working after your approval in October of the same year.
3. H-1B Transfer Option (If Previously Held an H-1B)
If you had an H-1B visa earlier before you transitioned to H-4, you can seek an H-1B transfer anytime without resorting to the lottery.
Your new company needs to file an H-1B petition for you.
Tip: A majority of H-4 visa holders pursue further studies in the U.S. and later apply for H-1B under OPT (Optional Practical Training).
Alternative Work Visa Options for H-1B Spouses
If you are not eligible for an H-4 EAD, you can consider the following visa alternatives that might let you work in the U.S.:
1. L-1 Visa (If You Are Employed with a Multinational Corporation)
If you are employed by a multinational corporation (TCS, Infosys, Wipro, etc.) in India, your company may send you to a U.S. office on L-1 visa status.
L-2 spouses of L-1 holders don’t need an EAD, which makes it a preferable choice for working spouses.
2. F-1 Student Visa (For Spouses Who Want to Study in the U.S.)
If you want to pursue a degree course in the U.S., you can apply for an F-1 student visa and work through OPT (Optional Practical Training) upon graduation.
Best for: H-4 spouses who would like to study and subsequently apply for an H-1B visa.
3. EB-5 Investor Visa (For Business Owners & Investors)
If you put $800,000+ into an American business, you can obtain a Green Card via the EB-5 investor visa program.
Best for: Businesspeople and entrepreneurs seeking U.S. direct permanent residence.
How to Expedite H-4 EAD Processing
Apply for H-4 and H-4 EAD together (this may reduce processing delays). If your spouse changes H-1B employers, ensure the I-140 remains valid to avoid disruptions in work authorization. Check USCIS processing times regularly and follow up if there are delays beyond normal timelines. Work with an immigration attorney if you face processing issues.
Future Update: USCIS has proposed Premium Processing for H-4 EAD applications, which may reduce wait times. Stay updated on official announcements.
Must See: New Rules of H-1B Visa
FAQs on H-1B Spouse Visa
Q1. Can an H-1B spouse work upon entering the U.S.?
Ans:- No. H-4 visa holders must apply for an H-4 EAD to work legally.
Q2. How long does it take to receive an H-4 EAD?
Ans:- 3-6 months processing time, but Premium Processing can be bought later.
Q3. H-4 EAD holders can they open a business in the U.S.?
Ans:- Yes! H-4 EAD recipients can start and run a business in the U.S.
Q4. Do Green Cards exist for H-4 spouses?
Ans:- Yes, if the H-1B is petitioning for a Green Card, the H-4 spouse can be included.
Q5. My H-4 EAD has expired; what do I do?
Ans:- You are automatically given 180 days of work while you renew before the expiration date.
Q6. Is an EAD required for an H-4 spouse to work?
Ans:- No. You need to possess an H-4 EAD before employment in any type of job within the U.S.
Final Thoughts: Best Strategies for H-1B Spouses
If you are an H-1B spouse, apply for an H-4 visa and then see if you are eligible for an H-4 EAD.
Plan long-term: Think about switching to H-1B, Green Card, or another work visa.
Keep current on USCIS guidelines for H-4 work authorization to prevent delays.
Verify whether your spouse’s employer can initiate the Green Card process ahead of time to obtain work authorization earlier.