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Global Initiatives

H-4

Type of visa (immigration status)

Spouse or unmarried minor (under age 21) child of H-1B visa holder.

Eligibility criteria

  • Legal spouse or child of H-1B visa holder
  • H-1B and H-4 applicants must prove that they are not subject to the 212(e) two-year home residence requirement or that they have received a waiver

Possible income from U.S. sources

  • May not accept employment

Maximum length of stay in the U.S.

  • As long as H-1B maintains status (H-1B status is for a maximum of 6 years).

Advantages

  • May have long-term intent to immigrate
  • Not subject to home-country residence requirement
  • May study full-time and pay in-state resident tuition rates

Disadvantages

  • Dependents may not work

Supporting documentation needed

  • Proof of exemption to the home-country residence requirement
  • Proof of relationship to H-1B
  • Copies of all past immigration and travel documents (i.e. I-20s, DS-2019s, I-797s, I-94s, Passports, Visa Stamps)
  • I-539 and $290 check for Department of Homeland Security
  • I-797 Approval Notice issued by U.S. Citizenship and Immigration Services