H-4 Dependent Visa Lawyer in Houston, TX
For families of H-1B, H-1B1, H-2B, and H-3 visa holders, the H-4 visa keeps spouses and children together while the principal worker builds a career in the United States. It is more than a dependent status, qualifying spouses of H-1B holders may also obtain an Employment Authorization Document (EAD) that permits unrestricted work for any U.S. employer.
At Prosperity Immigration Law, our immigration attorneys, led by Luis F. Hess, handle H-4 applications, extensions, EAD filings, and the coordinated family planning that H-1B households need to stay on track.
What Is the H-4 Visa?
The H-4 is a nonimmigrant dependent visa tied directly to the principal worker's H status. Its duration mirrors the principal's authorized stay, when the H-1B is extended, the H-4 must also be extended. H-4 status does not provide an independent immigration pathway and lapses if the principal worker loses their H status.
H-4 holders may study in the U.S. on a full or part-time basis without a separate student visa.
Who Qualifies for H-4 Status?
Spouses:
The legally married spouse of an H-1B, H-1B1, H-2B, or H-3 visa holder. A valid marriage certificate is required.
Unmarried children under 21:
Biological, adopted, or stepchildren who are unmarried and under age 21 at the time of filing. Children approaching age 21 require advance planning, H-4 status expires when the child turns 21.
H-4 applicants outside the U.S. apply for the visa stamp at a U.S. embassy or consulate (Form DS-160 + interview). H-4 applicants already in the U.S. in valid nonimmigrant status file Form I-539 (and I-539A for each additional dependent) with USCIS.
H-4 EAD: Work Authorization for Qualifying Spouses
The H-4 Employment Authorization Document (EAD) allows certain H-4 spouses to work legally in the United States for any employer, in any field, without restriction. It functions as an open work permit, no Labor Condition Application or employer sponsorship required.
Work Authorization
A spouse on H-4 status qualifies to apply for the EAD if the principal H-1B spouse meets either of the following conditions:
Qualifying Spouses
H-4 children are not eligible for the EAD. Work authorization based on H-4 status applies to spouses only.
H-4 status is directly tied to the principal worker's H-1B status. If the H-1B worker loses their job, both statuses are at risk. The H-1B worker has a 60-day grace period to find a new sponsor, change status, or depart.
H-4 dependents share this grace period, and H-4 EAD work authorization also lapses if the principal's status ends. Contact us immediately when a job change or layoff occurs.
The H-4 Application Process: Step by Step
- Determine filing location: If abroad, apply at a U.S. embassy or consulate with Form DS-160. If in the U.S., file Form I-539 (+ I-539A for each additional dependent) with USCIS.
- Gather documents: Valid passport, proof of relationship (marriage certificate for spouse; birth certificate for children), copy of principal H-1B worker's I-797 approval notice and I-94, and proof of continued H-1B status.
- File H-4 EAD concurrently (if eligible): Qualifying spouses file Form I-765 for EAD at the same time as the H-4 application. Include evidence of the approved I-140 or AC21 extension basis.
- Track the I-94: H-4 authorized stay is controlled by the I-94, not the visa stamp. Check I-94 after each entry at cbp.gov/i94 and extend before expiration.
- Renew before expiration: Bundle H-4 renewal with the H-1B extension filing to maintain concurrent processing speed and avoid gaps in work authorization.
What Our Clients Say
Why Choose Prosperity Immigration Law
Frequently Asked Questions About the H-4 Dependent Visa
No. H-4 EAD work authorization is only available to spouses of qualifying H-1B holders, not to H-4 children. Children may study but may not work based on H-4 status alone.
When filed concurrently with a premium-processed H-1B petition under the Edakunni settlement, the H-4 EAD may be processed on the same timeline (within weeks). Filed separately, processing typically takes several months. With auto-extensions eliminated, filing early is essential.
Schedule a Consultation With an H-4 Visa Lawyer in Houston Today
Keeping your family's immigration status current, especially across H-1B extensions, employer changes, and EAD renewals, requires careful coordination. Our team handles the details so your family can focus on building your life in the United States.
We serve clients in Houston, The Woodlands, Shenandoah, Katy, and across Montgomery and Harris Counties. Let's make sure your family's status is protected, reach out to schedule a consultation.
Our Offices
Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607
Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726
The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126