Does the H-4 spouse need to go through the lottery?

No. The spouse holding an H-4 visa does not need to go through the H-1B lottery. The lottery applies only to the H-1B, which is a work visa subject to an annual numerical cap, while the H-4 is the dependent visa, created so that the family can accompany the primary visa holder.

In practice, to obtain the H-4 the spouse must meet the eligibility requirements applicable to dependents and submit the required documentation, without competing for any visa slot. H-4 approval is tied to the status of the H-1B holder, not to a lottery.

If the H-4 spouse wishes to work in the United States, there is the possibility of applying for a work authorization (Employment Authorization Document, EAD), provided the applicable conditions are met. This is a separate process, with its own criteria and steps.

Because rules and conditions can change, it is worth confirming the current H-4 and EAD requirements directly with the USCIS or with a trusted immigration specialist before filing the application.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.