Who can get an H4 visa
The spouse and unmarried children under 21 of an H-1B worker may be admitted in H-4 status for the same period as the principal.[1][2] H-4 status ends when the H-1B status ends, and children must change status before they turn 21.
| Activity | Allowed on H-4? |
|---|---|
| Live in the U.S. | Yes, for the H-1B holder’s period of stay |
| Study | Yes |
| Work | Only with an H-4 EAD; status alone does not authorize work |
| Travel | Yes, re-entry needs a valid H-4 visa unless exempt |
H-4 EAD eligibility
H-4 status “does not confer eligibility for employment authorization incident to status.”[2] An H-4 spouse may get an employment authorization document only if the H-1B spouse:[2][4]
- is the beneficiary of an approved Form I-140 immigrant petition, or
- has H-1B time extended beyond six years under sections 106(a) and (b) of AC21 because of a pending labor certification or I-140.
The application is Form I-765 under category (c)(26). If the spouse is filing together with a green card application (I-485), USCIS uses category (c)(9) instead.[3][4] Children on H-4 cannot get the H-4 EAD.
Automatic EAD extensions ended
A DHS final rule effective October 14, 2026 removed automatic extensions for certain EAD renewals, after an interim rule of October 30, 2025. H-4 renewals filed before October 30, 2025 had been auto-extended; renewals filed after that date are not, so an H-4 spouse can lose work authorization while a renewal is pending.[5] File renewals as early as allowed.
How long that takes: across all categories, USCIS completed I-765s in 6.8 mo on average in August 2026, according to its monthly report.[6] See the I-765 processing time trend.
H-4 and the green card queue
H-4 spouses and children are derivatives in the H-1B worker’s green card case and share the principal’s priority date. For Indian-born H-1B workers in EB-2 India, that wait can exceed a decade, which is why the I-140-based H-4 EAD matters. The H1 B visa guide covers the principal’s status.
Frequently asked questions
Can H4 visa holders work?
Not on H-4 status alone. A spouse can work after receiving an H-4 EAD, which is available only when the H-1B spouse has an approved I-140 or an AC21 extension beyond six years.
How long is an H4 visa valid?
H-4 status lasts for the same period as the H-1B holder’s status. The visa stamp in the passport may have a different expiry date and is only needed for re-entry.
Are H-4 EADs still automatically extended?
No. Automatic extensions were removed for renewals filed on or after October 30, 2025, and a final rule effective October 14, 2026 made this permanent.
Sources
- H-1B Specialty Occupations
- 8 CFR 214.2: Special requirements for admission of nonimmigrants (E, H, L, O)
- 8 CFR 274a.12: Classes of aliens authorized to accept employment
- Employment Authorization for Certain H-4 Dependent Spouses
- Removal of Automatic Extensions for Certain Employment Authorization Documents, final rule, 91 FR 65306
- Number of Service-Wide Forms by Month, Form Status, and Processing Time: August 2026 (report to Congress, CSV)