H-1B – Dependent

Your spouse and unmarried children under the age of 21 may join you in the US as your dependents in H-4 status. Individuals in H-4 status may study, but they are not eligible for employment authorization. If your dependents are currently abroad, they can apply for an H-4 visa on the basis of your H-1B Approval Notice and proof of their relationship to you. If they are currently in the US in a different immigration status, a change of immigration status will need to be filed on their behalf. This is done by filing a Form I-539 with USCIS. Your dependents will have to complete this form, though ISS can send it to USCIS together with your H-1B petition. Your dependent can also file this form independently once your H-1B petition has been filed with USCIS. The filing fee for Form I-539 is $290.