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Immigration - H-4 Dependents

Related Links
Determining Eligibility | Visa Categories | H-1B | H-4 | Permanent Residence

Spouses and unmarried minor children (under 21 years of age) of an H-1B alien are eligible for H-4 status. 

Employment

 H-4 visa status prohibits employment authorization.  If an H-4 dependent qualifies for specialty employment in his or her own right, a change of status to H-1B is necessary before such employment may be undertaken. 

Study

 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 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.

 H-4 Children

 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.  In order to remain in the U.S., they must change to another nonimmigrant status, such as F-1 for full-time students.

 

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