It depends on who the dependent is. Under H4, the visa that accompanies a H-1B holder, the age rule differs for spouses and children.
For spouses, there is no age restriction: the husband or wife of an H-1B holder may apply for H4 regardless of age, as long as the marriage is valid.
For children, there is a requirement that combines age and marital status: they must be unmarried and fall within the age limit set for dependents. Once a child exceeds that limit, or gets married, they no longer qualify as an H4 dependent and would need to pursue another path to remain lawfully in the country.
Because these requirements can be updated, the best course of action is to confirm the exact limit and age-counting rules directly with the USCIS or with an immigration professional, especially in cases involving a change of status.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
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.