Employment Based Immigration Handbook
III. H-1B INFORMATION AND REGULATIONS FOR THE FOREIGN NATIONAL EMPLOYEE
III.5 DEPENDENTS AND H-4 STATUS
The spouse and/or minor children (under age 21) of employees in H-1B status are eligible for H-4 dependent status. If the dependent is outside of the U.S., they may apply for an H-4 visa stamp at a U.S. embassy or consulate. If the dependent is in the U.S. under another status, the dependent should apply for a Change of Status when the principal’s H-1B petition is submitted.
The University of Toledo does not sponsor the H-4. Form I-539 and Form I-539A (to
be submitted for each H-4 co-applicant) is filed by the dependent or their guardian,
and the H-4 (or their guardian) will be responsible for completing the form, paying
the USCIS filing fee (view the fees on USCIS's Fee Schedule page), maintaining legal status and following USCIS rules and regulations. As a courtesy,
CISP will submit Form I-539, Application to Extend/Change Nonimmigrant Status, at
the same time the H-1B petition is submitted for the Beneficiary.
H-4 dependents may NOT work in the U.S. They are eligible to study but are not able to hold any student employment positions or assistantships.
Employment authorization for certain H-4 Dependent Spouses:
Certain H-4 Dependent Spouses of H-1B Nonimmigrants who are seeking employment based lawful permanent resident status can file I-765 Application for Employment Authorization. Please refer to the USCIS website for Eligibility Requirements and How to Apply: Employment Authorization for Certain H-4 Dependent Spouses.
Go to the next section: IV.1 Overview of Permanent Residency