Stanford
Bechtel International Center Bechtel International Center

Dependents in the U.S.

I-539 applications for dependents are personal applications and Stanford is not responsible. We cannot advise on the I-539, I-765 as applicable, or the biometric appointments. As a courtesy we provide the following information. 

For immigration purposes, dependents are the spouse or children under the age of 21 of the applicant who are in the U.S. and who obtained their visa status in the U.S. through their relationship to the applicant.  

Dependent immigration statuses include: H-4, F-2, J-2, TD. If the applicant has dependents in the U.S. in any of these dependent immigration statuses, an application must be filed to change or extend the status of the dependents along with the main application for the employee.

Dependent applications are not required for U.S. citizen dependents.

If submitting a dependent application along with the H-1B beneficiary's petition, each dependent must submit this signed affidavit to Bechtel with their application.

A dependent application includes:

  1. A completed form I-539 for the first dependent and completed form(s) I-539A for each additional dependent: Download the form (under Forms and Document Downloads) and review USCIS instructions.
  2. Separate checks payable to U.S. Department of Homeland Security.  See current fees here.  These fees can be paid by the beneficiary or the department.
  3. Color copies of the following documents for each dependent:
    1. Passport bio page plus all U.S. visa stamps
    2. I-94 arrival-departure record: Print out of electronic I-94 record
    3. All previously issued U.S. immigration documents: I-20 forms, I-797 H-4 approval notices, DS-2019 forms if the dependent was ever in J status
    4. Evidence of each applicant's relationship to the H-1B: birth certificate of the dependent children or marriage certificate and proof of termination of any prior marriages
  4. Color copies of the following documents of the H-1B beneficiary:
    1. I-94 arrival-departure record: Print out of electronic I-94 record
    2. Passport bio page
    3. Most current H-1B visa stamp (if applicable)
    4. Most current I-797 approval notice (if applicable)
    5. Last 3 months of pay statements

Dependents Outside the U.S.

Dependents who are not in the U.S. are not subject to immigration regulations, and are not affected by these instructions. After the Stanford employee has been granted H-1B status, the dependents can use that approval notice to apply for H-4 at the U.S. consulate abroad. 

More Information

Dependents of H-1B employees who have entered the U.S. in H-4 status or who have changed to that status from another non-immigrant status may remain in the U.S. until the end date noted on their most recent I-94 record. If the H-1B employee extends their H-1B status, the dependents must also extend their H-4 status by concurrently submitting a request for an extension. Dependent H-4 students are permitted to study in the U.S., but they may not work without additional work authorization, if applicable. H-4 status expires for children at the time they reach 21 years old.