Junio 9, 2026
If you're a H-2 visa holder and would like your family to join you in the US. This information is for you.
Many H-2 workers would like their family members to accompany them to the United States, but are not sure if it's possible. This blog post will explore one way H-2 workers may be able to bring their families to the United States with them.
What is an H-4 visa?
An H-4 visa is a type of visa that allows certain family members of H-2 workers to come with the H-2 worker to the United States. When an H-2 worker’s family member receives an H-4 visa, the family member can travel to the United States and can study in the United States, but they cannot work while they are in the United States. An H-4 visa is only valid for as long as the workers’ H-2 visa is valid.
Who is eligible for an H-4 visa?
Only the legally married spouse or unmarried child under 21 years of age of an H-2 visa holder is eligible for an H-4 visa. This is true for both the H-2A and the H-2B visa categories. All other family relationships are not eligible. This means that people who have H-2 visas cannot bring any of the following relatives with them to the U.S. on an H-4 visa: their parents, their married children, or their children over the age of 21.
When can I apply for an H-4 visa?
Applying for an H-4 visa as soon as possible maximizes the likelihood that the dependent spouse or child will be able to arrive in the United States at the same time as the H-2 worker rather than having to travel separately due to visa processing delays.
A dependent spouse or child can apply for an H-4 visa before their spouse or parent has received his or her H-2 visa. In fact, applying for an H-4 visa at the same time that the potential H-2 worker applies for their H-2 visa may speed up processing times.
Can H-4 visa holders study in the United States?
Yes. An H-4 visa allows the visa holder to study in the United States. In fact, all children in the United States have the right to public education from kindergarten through high school regardless of their immigration status. In some parts of the U.S., additional educational support is available to the children of migrant workers and their families through the Migrant Education Program.
The H-4 visa is also available to certain family members of H-1B and H-3 visa holders.How long can I stay in the United States on an H-4 visa?
The time that someone can stay in the U.S. with an H-4 visa is determined by the date on the Form I-94 arrival document you receive when you enter the U.S., even if the validity date on the visa is longer. And if the H-2 visa holder to whom an H-4 visa is tied loses status and authorization to stay in the U.S., the H-4 visa will no longer authorize the H-4 visa holder to stay in the United States. In other words, an H-4 visa is only valid until the date on the Form I-94 the H-4 visa holder received when they entered the United States, or the last day the H-2 visa holder the H-4 visa is attached to is authorized to stay in the United States, whichever comes first. Staying in the U.S. past either the date listed on the Form I-94 or the last day that the H-2 visa holder to whom the H-4 visa is attached is authorized to stay in the United States means that the H-4 visa holder has overstayed their visa and no longer has legal status.
Whom should I contact if I have questions about visas or my immigration status?
The lawyers at Centro de los Derechos del Migrante (CDM) are not immigration lawyers. Individuals should consult with an immigration lawyer about their particular situation before applying for any visa. Individuals can start the process of finding an immigration lawyer here: https://www.immigrationlawhelp.org/. CDM has a guide on how to choose an immigration attorney here: https://contratados.org/node/113810.
If you have any questions about your rights at work in the United States, please don’t hesitate to reach out to CDM. Our phone lines are staffed Monday through Friday from 9am to 5pm (CDMX time) and you can reach us at 55 9661 6771 from Mexico or at 667 217 5738 from the United States. You can also email us at any time at [email protected]. All our services are free and confidential.
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