Eligibility

• According to United States Citizenship & Immigration Services, H-4 visa status applies only to immediate family members who qualify as dependents of the H-1B visa holder. These dependents include a spouse and children under the ages of 21.
  
  

Application Process

• H-1B dependents must schedule a visa appointment, along with the H-1B visa holder, at a United States embassy or consulate in their country of residence. Assuming an H-1B dependent possesses no previous violation of United States immigration laws or poses a security threat to the United States, then H-4 approval goes smoothly in most cases.
  
  

Employment

• H-4 visa status prohibits employment in the United States. The authorization of an H-4 visa assumes that a sponsoring H-1B visa holder earns enough money to support each dependent and thus employment by an H-4 visa holder is unnecessary. Should an H-4 visa holder file for an adjustment of status, the first step in the permanent immigration process, then that H-4 visa holder becomes an adjustment applicant and becomes eligible for temporary employment through an I-765 Employment Authorization Card.
  
  

Changes to Status

• Although an H-4 visa holder comes to the United States in H-4 status, an H-4 visa holder is not required to remain in H-4 status. For example, an H-4 visa holder could apply for an F student visa to attend college in the United States or apply for an H-1B employment visa to pursue work opportunities in the United States. At any time, if an H-4 visa holder changes status and decides to no longer pursue that option, the H-4 visa holder may return to H-4 status as a dependent so long as any employment activity has ceased.
  
  

Extensions

• An H-4 visa holder always receives H-4 status for the duration of the H-1B visa holder's status. If an H-1B dependent applies for an H-4 visa at a United States embassy or consulate, no petition is necessary. However, if changing status from within the United States or extending H-4 status, then form I-539 must be filed to United States Citizenship & Immigration Services.
  
  

Supporting Documents

• Whether applying abroad at United States embassy or consulate, or applying for extension within the United States, proof of relationship between the H-4 applicant and H-1B visa holder is required. A spouse of an H-1B visa holder needs to provide a marriage certificate, while a dependent must present a birth certificate that shows the parental relationship of the H-1B visa holder or H-4 spouse.