The H-4 is a U.S. visa for relatives of some H-1B or H-1B work visa holders. If you are the spouse or child of an H-1B, H-1C, H-2A, H-2B, or H-3 visa holder, you may be able to use the H-4 visa to visit your family member in the United States and stay as long as they can remain in the country.
You will find all you require to know about the H-4 visa here – who is eligible, how to apply, and FAQ.
What is the H-4 Visa?
Husbands and unmarried minors under 21 can reside with a family member on a work permit in the United States under the H-4 visa. It is a non-immigrant visa that the United States. Citizenship and Immigration Services (USCIS) to keep family together while the migrant’s first visa holder is employed in the United States.
The H-4 visa holders can reside in the United States for as long as the work visa holder but under very specific conditions. They cannot work in the US unless granted special work authorization, but they are allowed to study in the country.
Who Can Benefit From H-4 Visa?
You might be eligible for an H-4 visa:
you are a spouse of an H-1B, H-1C, H-2A, H-2B or H-3 Visa holder. You can get the H-4 visa if you are legally married to an active work visa holder to come and visit with them in the U.S.
You are an unmarried minor child under 21 of an H-1B, H-1C, H-2A, H-2B or H-3 visa holder. You can apply as the dependent child of a work visa holder (if you are under 21 and not married).
In addition to all of this, the mainstay visa holder must be in valid status which means that he/she is complying with the terms of the visa and did not exceed the permitted duration of stay.
The head visa holder must also demonstrate that he/she will be able to pay the living expenses of his/her dependents since H-4 visa holders can’t work unless they seek employment authorization.
H-4 Visa Requirements
Primary Visa Status: The work visa applicant should be in a permanent U.S.
Support from Main: The main sponsor of the visa must provide sufficient financial assistance to the H-4 visa applicant.
No Criminal Record: The applicant cannot have a criminal record that could disqualify him/her from entering the U.S.
H-4 Visa Cost
H-4 visa application fees start at $205 per person (this varies from time to time). Check with the US Embassy or consulate in your home country for the latest fee schedule.
How Long Does It Take To Get An H-4 Visa?
An H-4 Visa Processing Time depends on where you are applying, and on the workload of the US Embassy or consulate. Processing time is dependent on each embassy/consulate’s processes for applicants who live outside the U.S. Always check with the US Department of State website for any information on the visa processing times in your state.
Also, remember that your H-4 usually doesn’t arrive until the main work visa holder’s application is approved. The H-4 visa will be processed only after approval if your spouse or parent is an H-1B visa applicant.
H-4 Employment Authorization (EAD)
Although H-4 holders are not eligible to work in the United States immediately, they can still request an Employment Authorization Document (EAD). This is a document that lets them work in the U.S. for any employer since it doesn’t correlate with any job or employer.
You must submit Form I-765 to USCIS to get an EAD. An EAD application takes up to 4 months for an EAD application with an H-4 visa change of status or extension, and 6 months for a single EAD application.
The H-4 Visa Application Process
An H-4 visa has several stages involved in it. Here’s what you can expect:
Be sure you’re Eligible: Make sure you’re eligible for the H-4 as the spouse or child of a current H-1B visa holder.
Organize the Documents: Prepare documents such as passport, visa application form, marriage and birth certificate, and documentation of the primary visa holder’s financial support.
Fill Out DS-160 Application: Fill out the DS-160 application (the non-immigrant visa application). Don’t forget to submit the application fee.
Request a Visa Interview: Make a reservation for a visa interview at the US Embassy or consulate where you plan to apply.
Take a Step at the Interview: Submit all required documentation at the interview. Your application will be reviewed by the consular officer and you will either get a visa granted or not.
Receive Your Visa: If you are granted, your H-4 visa will arrive in your passport. If not granted, the officer will say why.
What You Need to Know About The H-4 Visa Most Questions You May Have About The H-4 Visa?
Can H-4 Visa Holders Work in the US?
You can only work as a H-4 visa holder who has an EAD. They can start work for any company in the U.S., after the EAD, and their position isn’t tied to any particular company.
Can students on H-4 visas pursue study in the US?
Yes! H-4 visa holders can also study in the U.S. They go to schools, universities, and colleges and they can go to college full-time or part-time.
If my husband loses his or her job in the U.S. while on H-1B?
If the primary H-1B visa holder goes out of business or their visa status changes, then the H-4 visa holder also goes out of business. The initial visa holder could choose a different employer and port his or her visa to that new company. Learn how to handle job loss when working on an H-1B visa in Law and Visas’ thorough guide to the subject.
It is a perfect visa for the loved ones of the US workers to be allowed to stay in the US and live the American life. The H-4 visa, if you are a spouse or child of an H-1B worker, will enable you to reside, study, and maybe work in the US, if you are granted permission.
Family immigration can be confusing – Law and Visas help families get through US immigration. Once you’re ready to start your visa journey, contact us and get individualized assistance all the way!
