H-4 Visa for Children of H-1B Workers (2026)
H-4 dependent children can attend school, get driver's licenses, and live in the US — but they cannot work without separate authorization and face the aging-out problem when they turn 21.
H-4 Children and School Enrollment
H-4 dependent children are entitled to enroll in US public K-12 schools regardless of immigration status, under the Plyler v. Doe Supreme Court ruling (1982). School districts cannot require proof of immigration status for enrollment. For university enrollment, H-4 children are considered international students and pay out-of-state tuition unless state law provides otherwise. They are eligible for F-1 OPT after graduating from a US university.
Driver's Licenses for H-4 Minors
H-4 minor children can obtain driver's licenses and learner's permits in most states, subject to normal age requirements. Many states issue REAL ID-compliant licenses to H-4 holders. Some states require the H-4 I-94 expiration date to be shown on the license, which is then tied to the H-4 status expiration. Check your specific state's DMV requirements.
Aging Out at 21
H-4 dependent status continues until age 21. At 21, children must transition to independent immigration status. Common paths: (1) Apply to a US university on F-1 student visa, (2) Find employment and obtain H-1B sponsorship (lottery required), (3) Self-petition EB-1A if they have extraordinary ability, (4) Marry a US citizen or permanent resident. The aging-out transition requires planning 12-18 months in advance.
H-4 to F-1 Change of Status for College
H-4 children enrolled in US high school who are accepted to a US university can change status to F-1 without leaving the US. File Form I-539 (change of status) after receiving the university I-20. The change must be approved before starting full-time college enrollment. This is a common path for H-4 students who grew up in the US.
Frequently Asked Questions
Can H-4 children work in the US?
Minor H-4 children (under 18) cannot work legally in the US — they are in dependent student status only. At 21, they must transition to a work-authorized status (H-1B, O-1, F-1 with OPT) to work. H-4 EAD is available only to spouses of H-1B holders with approved I-140 — not to children.
Can H-4 children go to college in the US?
H-4 children can attend US universities, but they are typically classified as international students and pay out-of-state tuition. They do not qualify for FAFSA federal financial aid. After graduating, H-4 children typically pursue F-1 OPT or transition to H-1B sponsorship to stay in the US.
What happens to H-4 children when H-1B parent's petition is denied?
If the principal H-1B is denied or revoked, H-4 status for all dependents also terminates. The family has 60 days to depart or change to another valid status. H-4 children may be able to independently change to F-1 status if they are accepted to a qualifying school.
Can H-4 children get Social Security numbers?
H-4 children are not authorized to work, so they do not receive Social Security numbers (which require work authorization). However, H-4 children can obtain Individual Taxpayer Identification Numbers (ITINs) for tax purposes if parents claim them as dependents.