H-4 Visa for Dependents

Please Note: This information is provided as a courtesy to the dependents of H-1B scholars at MIT. It does not constitute legal advice. Form I-539 is a personal application and the ISchO cannot provide you with further guidance or advise you on how to complete it.

Form I-539 is used by dependents (spouse and children under age 21) who are applying for a change to or extension of H-4 status inside the United States. The “applicant” (usually the spouse or the oldest child) completes Form I-539. A supplement, Form I-539A, must be completed for each additional child (or “co-applicant”).

Following are some suggestions for dependent(s) completing Form I-539 H-4 applications.

Please note: these suggestions are provided as a courtesy to the dependents of H-1B scholars at MIT. They do not constitute legal advice.

In any and all boxes on the application that do not apply to you, write “none” or “N/A” (not applicable). 

PART 1: Information About You (the family applicant, not the H-1B employee).

• U.S. Mailing Address is where you receive mail.
• U.S. Physical Address is your U.S. residential address (usually the Mailing Address and the Physical Address are the same).
• Current Nonimmigrant Status is your current visa status

PART 2: Application Type

• Item Number 1 - Check the box that is applicable to your request ("A change of status" or "An extension of stay").
• Item Number 2 - To be completed if you are requesting a change to H-4 status from another visa status. Write "H-4 dependent" and the effective date of your change of status.
• Item Number 3 - Check the applicable box depending on whether you are the only applicant, or if other family member(s) will be included.
• Item Number 4 - If more than one dependent is included in the H-4 application, enter the total number of dependents included in the H-4 application.
• Item Number 6 - Put your SEVIS ID number if you are currently in F-1/F-2 or J-1/J-2 status.

NOTE: Each additional dependent, or co-applicant, must complete a supplement, called Form I-539A, separately. A parent may sign Form I-539A on behalf of a child under age 14.

PART 3: Processing Information

• Item Number 1 - Put the same end date that is being requested for the H-1B beneficiary.
• Item Number 2 - Check the "Yes" box if you are submitting the H-4 application separately, and the MIT employee's H-1B petition has already been approved.
• Item Number 3 - Check the “Yes, filed previously and pending with U.S. Citizenship and Immigration Services (USCIS)” box if you are filing this application (Form I-539) based on an H-1B petition that is still pending at USCIS.
• Item Number 4 - If you answered “Yes” to Item Number 2, check the box for “Form I-129, Petition for a Nonimmigrant Worker", and write the H-1B USCIS Receipt Number in the box under Item Number 5. If you answered “Yes, filed with this Form I-539” to Item Number 3, check the box for “Form I-129, Petition for a Nonimmigrant Worker,” and write “N/A” or “None” in Item Number 5. If you answered “Yes, filed previously and pending with USCIS,” write the H-1B USCIS Receipt Number in the box under Item Number 5.

PART 4: Additional Information About the Applicant

• Physical Address Abroad is your address in your home country (NOT your U.S. residential address)
• If you answered "no" to Question 14, write the following in the appropriate section in Part 8 on page 7:
  • “Fully supported by spouse”:
  • Name:
  • Title:
  • MIT department:
  • Start and end dates of MIT appointment:
  • Current annual salary:
• If you answered "yes" to Question 14, provide the information requested in Part 8 on page 7 and include a photocopy of the EAD (Employment Authorization Document) authorizing employment, or other proof of work eligibility.
• If you answered "yes" to Question 15, provide the information requested in Part 8 on page 7 and include copies of Forms DS-2019 or other documentation of J status.

PART 5: Applicant's Statement, Contact Information, Declaration, Certification and Signature

Note: If Form I-539 is being submitted for a minor child, it must be signed by a parent on behalf of the minor child. It is recommended that you sign in blue ink.

Attach a copy of each of the following items. Be sure to also keep a complete copy of the application and supporting documents for your records.

• I-94 Admission Record printed from https://i94.cbp.dhs.gov/I94/#/home
• Passport photo and information pages(s) for each dependent
• Any current or previous H-4 approval notices for each dependent
• If changing to H-4 from another visa status: any other visa eligibility documents (Form DS-2019, I-20, etc.) for each dependent
• Proof of marriage (spouse) and/or relationship (child: birth certificate or something verifying child's relationship to the H-1B applicant), plus official translation into English if necessary.
• EAD (Employment Authorization Document), if applicable

The H-4 application may be submitted via paper form concurrently with the H-1B petition, or separately, after the H-1B has been submitted. The application fee for the paper Form I-539 is $470, regardless of the number of dependents requesting H-4 status. You may pay the fee with a money order, personal check, or cashier’s check payable to Department of Homeland Security. When the H-4 application is submitted concurrently with the principal’s H-1B petition, USCIS will adjudicate them at the same time.

If you file the H-4 application separately, after the H-1B has been submitted or approved, you have the option of filing via paper form or online. You also have the option of paying by credit card using Form G-1450, Authorization for Credit Card Transactions. The application fee for the paper Form I-539 is $470, and for online filing is $420.

If H-4 dependent(s) have upcoming travel plans, please discuss with your H-1B advisor in the ISchO before submitting Form I-539.

Please read the following before signing the Form I-539:

Penalties: If you knowingly and willfully falsify or conceal a material fact or submit a false document with this application, USCIS will deny the benefit you are seeking and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Privacy Act Notice: USCIS asks for the information on this form and associated evidence to determine if you have established eligibility for the immigration benefit you are seeking. USCIS's legal right to ask for this information is in 8 U.S.C. 1184 and 1258: "We may provide this information to other government agencies. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your request."