Dependents

H-4 Status

H-4 dependent status is limited to spouses and/or children of H-1B beneficiaries. H-4 status for children expires when they reach 21 years of age. H-4 status is contingent upon the continued validity of the principal H-1B employee. H-1B dependents who entered the U.S. in H-4 status or who changed to H-4 status from another non-immigrant status may remain in the U.S. until the end date noted on their last I-94 card or passport entry stamp.

If OIS is filing an H-1B petition for an employee, the employee can provide OIS with the I-539 application for any dependents in the U.S. who are either changing to or extending H-4 status, and we will include this application with the FedEx packet sent to USCIS. We advise you to complete the fillable Form I-539 by accessing the USCIS website. Please first thoroughly read the Instructions for Completing Form I-539 on the USCIS website and make sure to include all necessary documents with the completed form I-539: Include proof of relationship to the H-1B employee (copies of marriage certificate for spouse and birth certificates for children, including English translations), the applicable filing fee payable to U.S. Department of Homeland Security, copies of each dependent’s most recent I-94 record, passport pages showing biographical data, expiration date, and U.S. visa stamp, and any I-20s, DS-2019s, I-797 Approval Notices, or Employment Authorization Documents (if applicable).

The I-539 should be completed in the name of the principal dependent, not the H-1B employee. Children under 14 years of age should have a parent sign the form.

The Form I-539 is the dependent’s application, and not the University’s petition, and therefore, it is his/her responsibility to complete the form accurately. If you have any questions regarding the completion of the form, we strongly encourage you to utilize the services of an immigration attorney.

H-4 Study and Work Authorization

H-4 dependents are permitted to study either part-time or full-time while in the U.S.

H-4 spouses may apply for work authorization in limited cases where the principal H-1B employee is in the process of obtaining permanent residency. For more information about eligibility for H-4 work authorization, please visit the USCIS website and consult with a qualified immigration attorney.

Travel in H-4 Status

When traveling, H-4 dependents should take the original I-797 H-4 approval notice (if applicable), proof of relationship to H-1B employee (marriage or birth certificate), and copies of the H-1B documents listed in the H-1B travel section.