H-4 and L-2 Dependent Visas (and Work Permits)

H-4 status is for the spouse and unmarried children under 21 of an H-1B worker. L-2 status is for the spouse and unmarried children under 21 of an L-1 worker (intracompany transferee). Both let you live in the United States for as long as the H-1B or L-1 worker's status lasts. The two categories differ sharply on work authorization: L-2 spouses generally can work automatically once admitted in that status, while H-4 spouses can work only if they separately qualify and are approved for an Employment Authorization Document (EAD) tied to a specific stage in the green card process. Neither H-4 nor L-2 children may work.

Because both the H-4 EAD rule and the rules around automatic work-authorization extensions have changed recently and are still being litigated, treat the details below as a framework and confirm the current rule directly with USCIS before you rely on it.

H-4 status: who qualifies

You can get H-4 status if you are the spouse or unmarried child under 21 of someone who holds valid H-1B status. H-4 status is requested either at a U.S. consulate abroad (with a visa application) or, for someone already in the U.S. in a different status, through Form I-539, Application to Extend/Change Nonimmigrant Status, usually filed together with or after the H-1B worker's own petition. H-4 status is dependent on the principal H-1B worker's status: if the H-1B worker's status ends, is revoked, or is not renewed, H-4 status ends too.

H-4 work permits (H-4 EAD): who qualifies

An H-4 spouse does not automatically get to work. Work authorization requires filing Form I-765, Application for Employment Authorization, and being approved into a specific USCIS eligibility category ((c)(26)). As of this writing, that category is limited to H-4 spouses (not children) whose H-1B spouse is at an advanced stage of the employment-based green card process — specifically, someone who:

• Is the beneficiary of an approved Form I-140 immigrant petition, or
• Has been granted an extension of H-1B status beyond the normal six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21), which generally applies once a green card process (labor certification or I-140) has been pending for a defined period.

H-4 spouses who don't fall into one of those categories are not currently eligible for an EAD. This eligibility rule has been the subject of years of litigation (the "Save Jobs USA" case) challenging DHS's authority to grant H-4 work permits at all. As of this writing that challenge has been rejected in the courts, including the Supreme Court declining in October 2025 to take up a further appeal, so the H-4 EAD program remains in place — but because it has been litigated before and administrations can change program rules through new regulations, do not assume today's eligibility criteria will still apply later. Confirm current eligibility and the current USCIS eligibility category code on the Form I-765 page and the USCIS Policy Manual before filing.

A recent, important change: no more automatic extensions for late-filed renewals

Historically, if you filed an EAD renewal before your current card expired, your work authorization could continue automatically for a period (this window has been changed by regulation over time, including a temporary increase to up to 540 days). Under an interim final rule that took effect for applications filed on or after October 30, 2025, USCIS no longer grants an automatic extension to employment authorization for EAD renewals filed on or after that date — meaning your work authorization can end the day your card expires even if a timely renewal is pending, unless a limited exception (for example, one provided by statute or a separate Federal Register notice) applies. EADs already automatically extended before October 30, 2025 are not affected by the change. This rule has itself been the subject of legal and public comment. Because this area is actively contested and could change again, verify the current automatic-extension policy directly on USCIS's newsroom and the Form I-765 instructions before assuming your EAD will (or won't) auto-extend.

Practical takeaway: if you hold an H-4 EAD, do not wait until it is about to expire to renew. File your renewal as early as USCIS permits (check the current window on the Form I-765 instructions) so you have the best chance of a new card arriving before the old one expires, since a gap may now mean a real gap in your legal ability to work.

L-2 status: who qualifies

You can get L-2 status if you are the spouse or unmarried child under 21 of someone who holds valid L-1A or L-1B status (an employee transferred within a multinational company). Like H-4, L-2 status is obtained through a consular visa application abroad or through Form I-539 for someone changing or extending status inside the U.S., and it depends on the principal L-1 worker's status remaining valid.

L-2 work authorization: usually automatic — no separate EAD required

L-2 spouses are treated differently from H-4 spouses. Under a policy that took effect in late January 2022, an L-2 spouse's work authorization is incident to status — meaning it flows automatically from being validly admitted or approved as an L-2 spouse, without needing to separately apply for and wait on an EAD. When an L-2 spouse is admitted at the border or approved for a change/extension of status, USCIS or CBP issues a Form I-94 annotated with the classification "L-2S," and an unexpired I-94 showing that L-2S designation is itself acceptable proof of employment authorization for Form I-9 purposes with an employer.

L-2 spouses may still choose to apply for a physical EAD card (Form I-765) if they want a separate document — some employers are unfamiliar with the I-94 rule and ask for an EAD card — but it is optional, not required, to be authorized to work. L-2 children are not authorized to work under any of these rules.

What to do

1. Confirm the principal worker's status timeline first. H-4/L-2 status and any work authorization end when the H-1B or L-1 worker's status ends, so track that expiration date, not just your own.
2. If you're an H-4 spouse who may qualify for an EAD, confirm current (c)(26) eligibility on the USCIS Policy Manual, then file Form I-765 with the required evidence (the H-1B spouse's approved I-140 or evidence of the AC21 extension).
3. If you're an L-2 spouse, check that your Form I-94 shows the "L-2S" classification. If it doesn't, or an employer won't accept it, contact USCIS or an immigration attorney about correcting it or applying for an EAD as a backup.
4. If you already hold an H-4 EAD, file your renewal as early as USCIS allows before your current card expires, and monitor USCIS's current guidance on automatic extensions before assuming any grace period applies.
5. Track your I-94 expiration date (available at i94.cbp.dhs.gov) — working or staying past that date without a timely filed extension can create serious immigration consequences.

Deadlines to flag

• I-94 expiration date — governs your lawful period of stay; file any extension before it lapses.
• EAD card expiration date — for H-4 EAD holders, file your renewal as early as USCIS instructions allow; do not count on an automatic extension for renewals filed on or after October 30, 2025, until you've confirmed the current rule.
• Principal worker's H-1B or L-1 status expiration — your dependent status and any work authorization end when theirs does.

Beware of "notarios" or unlicensed "immigration consultants" who are not attorneys or DOJ-accredited representatives — in the U.S., a notario público is not the same as a lawyer, and unauthorized practice can cost you money and even damage your immigration case. Use an attorney licensed to practice immigration law, a representative accredited by the Department of Justice's Executive Office for Immigration Review, or official government resources such as USCIS.

This article is general information, not legal advice, and does not create an attorney-client relationship. For advice about your specific situation, consult a qualified immigration attorney or DOJ-accredited representative.