All dependents who plan to enter the US in H-4 status must apply for an  H-4 visa stamp at a US Consulate in their home country (Canadian Citizens are exempt).  Please visit the Consulate’s website for items needed to apply for the H4 visa.  Do not complete a Form I-539 for Dependents who are not currently holding a non-immigrant status (i.e. H-4, J-2, F-2) in the US.  

The adjudication of the H-4 application is at the discretion of the USCIS adjudicator. The Department and H-1B Applicant has two options:

1. ISSS can file the H-1B petition online first. Filing online means that we know immediately if our petition has been received by USCIS. We are provided immediately with an H-1B Receipt Number that the H-4 applicant can use to file their own H-4 application online. If you have one dependent applying for H-4 status, your dependent can file an H-4 application online. Your dependent will receive a Receipt number immediately when filing online. If you have multiple dependents, they must file a paper H-4 application with USCIS. USCIS needs to receive the H-4 application for your dependents to remain in the US. The H-4 application does not need to be approved by the time your H-1B status begins.
2. ISSS can include the H-4 application with our H-1B Petition. With this option, ISSS is required to send a hard copy of the petition to a USCIS Lockbox. It takes about 8-15 days to receive the H-1B Receipt notice since the Lockbox is in Illinois and the USCIS Service Center is in California.

Read about the steps in the H-4 Application Process here.

Click here to view the H-4 Release Form.

• Be aware of the I-539 Edition Date.  You can find the edition date at the bottom of the page on the form and instructions. Dates are listed in mm/dd/yy format.
• If the Department and the H-1B Applicant wish for an H-4 application to be mailed in with the H-1B Petition, the H-1B applicant must mail or drop off a complete H-4 application to ISSS that includes a completed and signed Release of Liability Form.
• The Form I-539 / I-539A (if applicable) must be completed and signed by the Dependent(s) themselves, not by the TU employee. USCIS instructions are available at www.uscis.gov/i-539. Follow the USCIS instructions for completing the form(s) and for required documents.
• Do not complete this form for the H-1B / TU employee, Dependents who are outside the U.S  or Dependents who have and wish to continue in an independent nonimmigrant status
• If your spouse is eligible for H-4 employment authorization, you can include an I-765 and supporting documents with the H-4 Application.
• USCIS does not mail paper biometric services appointment notices for electronically filed Forms I 539. The biometric services appointment notice will appear in the H-4’s USCIS online account under “Documents” once the H-4 Applicant’s appointment is scheduled. The H-4 Applicant is required to bring a printed copy of the biometric services appointment notice to the Application Support Center appointment.

Although an H-4 nonimmigrant is admitted to the United States for a fixed period of stay, the H-4's status is contingent upon the continued validity of the H-1B principal's status. Unlike H-1B status, however, H-4 status is not specific to an employer. As long as the period of authorized stay has not expired on the H-4's I-94, the H-4 nonimmigrant remains in valid status as long as the H-1B principal continues to maintain status, even if the H-1B principal changes employers. No action is required on the part of the H-4 nonimmigrant when the principal H-1B changes employers within the H-1B classification, unless the H-4's I-94 will be expiring, in which case an extension of stay application must be filed by the H-4 before the I-94 expiration date.

You can find some general information regarding employment for some H-4 dependents here.

Can I travel outside the US and reenter in H-4 status?

An H-4 nonimmigrant may reenter the US with a valid H-4 visa, provided the H-1B principal continues to maintain H-1B status. Traveling with proof of the H-1B's maintenance of status (e.g., copy of I-797 approval notice, proof of continued employment, etc.) is recommended, particularly if the dependent needs to obtain a new H-4 visa before reentering.

An H-4 nonimmigrant who has applied for adjustment of status as a derivative of an H-1B's green card application may be eligible for Advanced Parole. Consult with the attorney handling the H-1B’s green card application.

You can read more about international travel here.

Am I eligible to work in the US?

H-4 nonimmigrants are generally ineligible to work in the US. However, certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status are permitted to apply to USCIS for an Employment Authorization Document (EAD) that will allow them to work in the US. The H-1B should speak with the attorney assisting with her/his green card application for instructions on filing for an EAD.

H-4 dependent spouses of H-1B nonimmigrants are eligible to apply for an EAD under this rule only if their H-1B spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000, as amended (That Act permits certain H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status).

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required filing fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States. H-4 spouses who do not meet the regulatory conditions described above, and H-4 children, are not eligible to apply for an EAD.

If permission for employment is granted, an Employment Authorization Document (EAD) is issued and is valid for any kind of full-time or part-time employment for the period of time stated on the EAD.

The employment authorization is valid only if the H-1B Worker is maintaining status.

May I take classes / earn a degree in the US?

H-4 dependents may study in the U.S., full- or part-time, but the duration of their stay is dependent on the H-1B's period of stay. Dependents should weigh the benefits of changing their status to F-1 versus remaining in H-4 status. H-4 dependents are not subject to the F-1 requirement to pursue a full course of study, but they are not eligible for F-1 benefits such as on-campus employment and practical training. Consult with an immigration attorney to discuss your options as F-1 Student Status does not have dual intent, unlike H-4 status. If the H-1B will apply for a green card, changing to F-1 Student Status may not be wise.

What happens when dependent children turn 21?

When H-4 dependent children turn 21, they are no longer considered "children" under the I.N.A, and are thus no longer eligible for H-4 status. To remain in the US, they must change to another nonimmigrant status.

Drop off Complete Application to ISSS

ISSS is located at 1938 Liacouras Walk, #204, Philadelphia, PA 19122. You may drop off a complete H-4 application Monday through Friday from 9AM to 3PM. Read more about dropping off documents here. 

Mail a Complete Application to ISSS:

Temple University

International Student and Scholar Services

Attn: Sharon Loughran

1938 Liacouras Walk  Suite #204

Philadelphia, PA 19122

• Signed Form I-539:  Visit www.uscis.gov/i-539 to fill out the most current version
• Signed Form I-539A (if multiple dependents): Supplemental Information for each additional dependent applicant
• Form I-539 Filing Fee: Submit the correct fee.The fee covers all filing fees for all dependents. You will use either a Form G-1450 or a Form G-1650, depending upon what form your Hiring Department will use in the H-1B Petition.  
• Passport Page: Most recent passport biography page with date of expiration
• Most Recent I-94 
• Entry/Arrival Stamps: All U.S. entry/arrival stamps for each dependent
• Visa Stamps: All U.S. visa stamps issued to dependents (Canadian nationals are exempt)
• Other Immigration Documents (if any): This may include prior I-20 Forms, DS-2019 Forms, I-797 notices from USCIS issued to your dependent. Include all immigration documents for H-1B as well if your dependent is filing separately
• EADs: Copies of any Employment Authorization Document (EAD) issued to Dependents
• Waiver Documents: If Dependent was subject to the J Exchange Visitor Two Year Home Residence Requirement, provide documentation to show how the applicant fulfilled or waived the requirement if s/he is now or was previously subject. 
• Marriage / Birth Certificates 
• Translation of Marriage/Birth Certificates (if applicable) 

Find Tips for Completing an I-539 here.  This information does not constitute legal advice.