What is the immigration status of an H-1B status holders family in the U.S.?
A spouse and dependent minor children (unmarried children under the age of 21) of an H-1B employee are entitled to Nonimmigrant Worker Dependent (H-4) status. They may not accept employment in that status, but may study in the U.S. If the spouse is eligible for a different status than H-4 (including H-1B), the spouse may elect to enter the U.S. in that status rather than entering as an H-4. Spouses should note that an offer of employment from a U.S. employer is required in order to obtain most types of work-authorized nonimmigrant status.
Related Questions
- If the only family member who has eligible citizenship or immigration status passes away or vacates the unit, what does the PHA have to do with the remaining ineligible members?
- If the H-1B holder changes employers, must family members in H-4 status also file applications to maintain valid nonimmigrant status?
- If a person is a "non-contending" family member, does the PHA consider them to have eligible or ineligible immigration status?
