Can my spouse work in the USA if I am on an H-1B visa?

If you have transitioned from an F-1 student visa to an H-1B work visa, your spouse and children may be eligible for H-4 dependent visas, and your spouse may be eligible for work authorisation.

H-4 Visa:
Dependant visa for spouses and children (under 21) of H-1B holders.

H-4 EAD (Employment Authorisation Document):
Spouses of certain H-1B holders may apply for work authorisation:
- Eligible if the H-1B holder has an approved I-140 petition (the immigrant petition that is part of the green card process) OR the H-1B has been extended beyond the 6-year cap using AC21 portability
- Processing time: 3–6 months (can be 6–12 months currently with USCIS backlog)
- Once approved: Work without restriction, in any occupation
- Fee: $410

H-4 without EAD:
- H-4 holders without EAD cannot legally work in the USA
- Unlike the UK Graduate Route dependants, there is no automatic work right for H-4 holders

Children on H-4:
- Can attend US public K-12 schools
- Cannot attend university as an F-1 student without changing status
- Lose H-4 status at age 21 — must transition to their own visa

Practical note: The H-4 EAD policy has faced legal challenges in the USA over the years. As of mid-2025 it remains in place, but the situation can change. Always check with an immigration attorney for the latest rules.