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.