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Family members of the H-1B worker are admitted to the
United States in the H-4 category. Qualifying family
members include only the spouse and unmarried
children under 21 years old. Family members are
admitted for the same period for which the principal
family member is admitted.
Family members may alternatively be admitted in
other nonimmigrant categories for which they qualify,
such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B
petition to employ the spouse.
H-4 family members may undertake studies while
remaining in the H-4 category. Family members cannot
engage in any form of employment in the H-4 category,
however. In order to work, family members must obtain
USCIS permission
through the approval of a change of status
application to a nonimmigrant category permitting
employment.
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