The spouses and unmarried children of H-1B employees are eligible for H-4 status. Children must be under age 21.
Please note that H-1B employees are responsible for obtaining and ensuring immigration compliance for any dependents in H-4 status. ISSA can provide general advice or refer the family to an immigration attorney for assistance on specific matters related to the legal affairs of H-1B dependents.
There are two ways to obtain H-4 status:
- If the dependents are in the US, they may apply for a change or extension of status by completing Form I-539. These forms are usually filed concurrently with the H-1B petition.
- If the dependents are outside the US, Form I-539 is not required. After the H-1B petition has been approved, dependents may apply for H-4 visas at a U.S. consulate/embassy. In addition to the items mentioned on ISSA's Apply for H-1B Visa Stamp page, dependents should present a marriage certificate (spouse) or birth certificate (children).
Travel and Reentry
An H-4 dependent may reenter the United States with a valid H-4 visa, provided the H-1B employee continues to maintain his or her status. Traveling with proof of the H-1B employee's maintenance of status (e.g., copy of I-797 approval notice, proof of continued employment, etc.) is recommended, particularly if the H-4 dependent needs to obtain a new H-4 visa before reentering.
Study
H-4 dependents may study full-time or part-time in the US. The duration of their stay is dependent on their age (children "age out" when they turn 21 years old) and the H-1B employee’s maintenance of status and authorized period of stay.
Employment
H-4 dependents are ineligible to work in the US unless the H-1B has an approved I-140 Immigrant Petition.
Social Security Number
H-4 dependents are not eligible for a Social Security Number (SSN) unless they are eligible for work authorization and begin employment. If an H-4 dependent would like to apply for an Indiana driver's license but does not have the ability to apply for work authorization, they can apply for a Letter of Social Security Number Ineligibility; this letter is accepted by the Bureau of Motor Vehicles (BMV) in place of a SSN.
Driver’s License
With the Letter of Social Security Number Ineligibility, dependents can apply for an Indiana driver’s license. The BMV requires the following:
- Passport and visa
- I-94 from most recent H-4 approval notice or I-94 Website, whichever is most recent
- H-4 approval notice (H-4 visa stamp is sufficient if Form I-539 was not filed in the US)
- H-1B employee’s current H-1B approval notice
- Social Security Card or Letter of Social Security Number Ineligibility
- Two documents with H-4 dependent’s name and address proving their Indiana residency (e.g. utility bill, bank statement, etc.)
- Driver’s license from your home country and an official translation, if applicable
- If you have an International Driver's Permit, this serves as an official translation
- If your license is in English, you do not need a translation
- Proof of car insurance
More information is available on our Driving in the US page.
Community Resources for H-4 Dependent Spouses
H-4 dependent spouses can access many resources on campus to enrich their own Notre Dame experience. A list can be found at our Resources for International Spouses page.