H-4, L-2, and Other Dependent Visas

What Indian spouses and children need to know about dependent visa options and work authorization in the US.

Overview

When an Indian professional moves to the U.S. on an H-1B or L-1 visa, their spouse and unmarried children under 21 can accompany them on dependent visas. Understanding the rights and limitations of these statuses is critical for family planning.

For Indians Moving From India

Your spouse and children under 21 can apply for H-4 or L-2 dependent visas simultaneously with your principal visa. Applications are typically filed together or shortly after. Your spouse should understand from the outset whether they will be eligible for work authorization — this differs significantly between H-4 and L-2.

For Indians Already in the US

H-4 spouses whose H-1B holder has an approved I-140 can apply for an H-4 EAD (Employment Authorization Document) using Form I-765. L-2 spouses received automatic work authorization in 2022 and no longer need a separate EAD. File for the H-4 EAD proactively — processing times can be several months.

Key Information

H-4 status alone does not grant work authorization. H-4 EAD is available only if the H-1B spouse has an approved I-140. L-2 spouses have automatic work authorization. H-4 EAD must be renewed along with the H-4 extension.

Requirements

Valid H-4 or L-2 status, and for H-4 EAD: the principal H-1B holder must have an approved I-140.

Common Mistakes

Assuming the H-4 EAD is automatic. It requires a separate application and must be renewed. H-4 EAD holders who allow authorization to lapse cannot legally work until a new EAD is approved.

Practical Tips

File for the H-4 EAD as soon as you are eligible. Consider applying for renewal concurrently with the H-4 visa extension to avoid gaps. If your employer is large enough, explore whether your company can sponsor your spouse for their own H-1B.