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.
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.
However, 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 of $370 per family (subject to change at the discretion of USCIS), maintaining legal status and following USCIS rules and regulations.
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