INFORMATION FOR H-1B TEMPORARY WORKERS

H-4 Dependent Information

Acquiring H-4 Status

Your spouse and unmarried children under 21 years of age are eligible for H-4 status. When H-4 children turn 21, they are no longer eligible for dependent status. If they wish to remain in the U.S., they must apply for their own, independent non-immigrant status, prior to their 21st birthday.

To enter the U.S. in H-4 status, your family members (unless Canadian) will first need to obtain H-4 entry visa pages from a U.S. embassy or consulate. Once your dependents have secured a visa (if applicable), they can accompany you to the U.S. or enter the U.S. subsequently to join you. When granted entry into the U.S., they will receive an I-94 card that should have the same end date as your I-94 card and I-797 form. If that is not the case, your dependents should immediately bring that to the attention of the official who gave them the I-94 cards or, if too late, to the OISS Scholar Advisor. Your dependents’ status is valid until the end date on their I-94 card, provided that you remain in good standing in H-1B status.

If your dependents change to, or extend, their H-4 status within the U.S., they will receive an I-797 form indicating H-4 status.

Your dependents’ H-4 status is contingent on your H-1B status; your dependents must accompany you on any travel abroad of significant length. If your trip will be very brief, they may remain temporarily in the U.S. without you. In this situation, it is best to consult with your OISS Scholar Advisor prior to your departure.

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H-4 Employment

H-4 dependents are not allowed to work under any circumstance and therefore should not engage in any activity that could be construed as employment. If they wish to work, they need to apply for, and receive, an independent non-immigrant status that permits employment.

Because H-4 status prohibits employment, your dependents are not eligible for a Social Security Number. However, each dependent may be required to file an annual tax return. For tax filing purposes, dependents need to request an Individual Taxpayer Identification Number from the Internal Revenue Service (IRS). For information and instructions, see: www.irs.gov/businesses/small/international/article/0,,id=96696,00.html.

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Study in H-4 Status

H-4 dependents may study part-time or full-time at any educational institution in the U.S., at any level. However, the duration of their status is limited by the duration of yours. If one of your dependents wants to pursue an educational program extending beyond your program end date, s/he should investigate changing to F-1 status.

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