H-4: Workers or Dependants?

Fact Sheet - Monday, March 10, 2025

Federal Oversight Agencies: USCIS

The Basics:

• H-4 status is a derivative visa status for spouses and children of H-1B, H-2A, and H-2B visa workers. Congress created the H-4 visa to allow spouses and minor children to accompany the principal H visa workers. 

• • Congress did not authorize H-4 visa holders to be employed while accompanying the principal visa worker, as there is no labor market test for whether they are needed workers, unlike (theoretically) with the principal H workers.

  • The Obama Administration adopted a regulation that permits the issuance of Employment Authorization Documents (EADs) to H-4 dependents of H-1B principal alien workers who are seeking to adjust status to lawful permanent resident (LPR) status. 

  • H-4 dependents who receive EADs are not bound to any particular employer for their legal status and there are no labor or wage protections for American workers competing against the H-4 workers.

• In FY24, USCIS reported 69,797 EAD approvals for H-4 visa holders.

The Problem:

• H-4 is not authorized by Congress for employment. The visa exists to allow aliens authorized to work for a particular employer to bring along a spouse and minor children. 

• Granting EADs to tens of thousands of H-4 visa holders with no certification of a labor need and no restrictions on the types of jobs they may take means the executive branch is taking jobs directly from American workers and giving them to foreign workers, with no authorization from Congress.

• This is potentially a fraud vulnerability. The primary focus of the adjudication of the H-1B petition is the specialty occupation and the background of the principal alien worker. The H-4 derivatives are not a primary focus of vetting. 

LEGISLATIVE RECOMMENDATION: Repeal 8 U.S.C. 1324a(h)(3)(B), which allows the executive branch to grant EADs at its discretion, including to H-4 visa holders.

ADMINISTRATIVE RECOMMENDATION: Rescind the regulation allowing for the issuance of EADs to H-4 visa holders, deny all pending H-4 EAD applications and refund any fees paid, and cancel existing H-4 EADs.