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Instructions for Completing Form I-539 for Dependents of H-1B Applicants

MIT Administrators > H-1B Visa > Form I-539 Instructions

Complete the following sections of Form I-539 with the dependent's (not the H-1B applicant's) information:

  • PART 1: Information About You (the dependent, not the H-1B applicant). If you would like the H-4 receipt and approval notices to be sent to the International Scholars Office, use the following Mailing Address:

    MIT International Scholars Office
    77 Massachusetts Ave. E38-219
    Cambridge, MA 02139

    Physical Address is your U.S. residential address

    Current Nonimmigrant Status is your current visa status
  • PART 2: Application Type
    Check box "1" if you are requesting an extension of H-4 status. Check box "2a" if you are are requesting a change to H-4 status from another visa status.

    Check box "4" if there is only one dependent included in the H-4 application. Check box "5a" if more than one dependent is included in the H-4 application. In 5b, enter the total number of dependents included in the H-4 application.
  • PART 3: Processing Information
    Some of this is pre-filled. You can complete the other items as follows:

    1a. Put the same end date that is being requested for the H-1B beneficiary.

    2a. Check the "Yes" box if you are submitting the H-4 application separately, and the scholar's H-1B petition has already been approved.

    3a. Check the "Yes, Filed with this I-539" box if you are submitting the H-4 application with the H-1B petiton.
  • PART 4: Additional Information

    Foreign Home Address is your address in your home country (NOT your U.S. residential address)

    If you answered "no" to Question 19, write the following in Section 2 on page 6:
    - "Fully supported by spouse":
    - Name:
    - Title:
    - MIT department:
    - Start and end dates of MIT appointment:
    - Current annual salary:

    If you answered "yes" to Question 19, complete Section 3 on page 6 with the information requested on the form and include a photocopy of the EAD (Employment Authorization Document) authorizing employment, or other proof of work eligibility.

    If you answered "yes" to Question 20, complete Section 4 on page 6 with the information requested on the form and include copies of Forms DS-2019 or other documentation of J status.
  • PART 5: Applicant's Statement and Signature
    Note: If Form I-539 is being submitted for a minor child, it must be signed by a parent on behalf of the minor child.
    Should be completed only if there is more than one dependent included in the H-4 application.

Attach 2 copies of each of the following items:

  • I-94 Admission Record printed from OR paper Form I-94 ("I-94 card"), front and back, for each dependent. The date stamp on the I-94 card must be legible.
  • Passport information pages(s) for each dependent
  • Any current or previous H-4 approval notices for each dependent
  • If changing to H-4 from another visa status: any other visa eligibility documents (Form DS-2019, I-20, etc.) for each dependent
  • Proof of marriage and/or relationship (birth certificate or something verifying child's relationship to the H-1B applicant, plus official translations into English if necessary)
  • EAD (Employment Authorization Document), if applicable

Submit a separate check for $290 payable to Department of Homeland Security (regardless of the number of dependents requesting H-4 status).

Please read the following before signing the Form I-539:

Penalties: If you knowingly and willfully falsify or conceal a material fact or submit a false document with this application, USCIS will deny the benefit you are seeking and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Privacy Act Notice: USCIS asks for the information on this form and associated evidence to determine if you have established eligibility for the immigration beneft you are seeking. USCIS's legal right to ask for this information is in 8 U.S.C. 1184 and 1258. We may provide this information to other government agencies. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your request.

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Last Updated: June 2015

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