What is the H-4 Visa for H-1B Spouses and Dependents?

What is H-4 visa?

The H-4 visa is a non-immigrant visa issued by United States Citizenship and Immigration Services (USCIS) to the dependents of temporary visa holders, primarily those on H-1B visas. It allows the spouse and unmarried children under 21 to accompany the primary visa holder and live in the U.S. for the same duration as the primary visa holder’s stay. H-4 visa holders can also study, and under certain conditions, spouses may apply for an Employment Authorization Document (EAD) to work legally in the U.S.

The H-4 visa allows families to stay together during the primary visa holder’s employment period, although its benefits and restrictions depend on the type of primary visa held and the immigration status progression.

What is the eligibility for the H-4 Visa?

The H-4 visa is available to:

1. The spouses of H visa holders
2. Unmarried children under 21 of H visa holders
3. The primary H visa holder can financially support the dependents.
4. The H4 visa applicant has no criminal records which can legally constrain their entry into the United States. 

What is the H-4 visa process?

There are various steps to be followed to get an H-4 Visa. They are as follows:

1. First and foremost, you must establish your eligibility as a spouse or child of an H-visa holder by providing various proof of an existing relationship, such as a marriage certificate or birth certificate.
2. Next, you will have to gather all the relevant documents, such as a valid passport, proof of relationship to the H visa holder (like marriage and birth certificates), the primary visa holder’s documents, and proof of financial support.
3. Then, you must fill out the DS-160 Non-immigrant Visa Application form online and pay the visa application fee.
4. After submitting the DS-160, there will be a visa interview at the U.S. Embassy or Consulate. During the interview, you will be required to present all required documents and answer a few questions relevant to your petition.
5. The consular officer will then determine if you qualify for the visa, and if approved, the H-4 visa will be stamped in your passport.

What is H-4 visa employment authorization?

Some of the H-4 visa-dependent spouses of H-1B visa holders can apply for a work permit, known as an Employment Authorization Document, or EAD, which allows them to work in the U.S. if their H-1B spouse is working on getting a green card. 

To be eligible, the H-1B spouse must:

1. Be approved via Form I-140 (an application for permanent residency) or
2. Have an H-1B status extension, allowing them to work beyond the usual six-year limit while waiting for their green card.

If it is established that they are eligible, then the H-4 spouse can apply by filing Form I-765 with supporting documents and the required fee. Once USCIS approves this form and issues the EAD, the H-4 spouse can begin working in the U.S. 

This EAD allows for any type of full-time or part-time job. The stay remains valid only if the H-1B spouse’s status is active. If the H-4 spouse needs to renew their work authorization, they must submit Form I-765 with updated documents each time.  

What are the benefits of the H-4 Visa?

There are various benefits associated with an H-4 visa, some of them are as follows:

1. H-4 visa holders can legally live in the U.S. 
2. They can pursue education at any level.
3. H-4 visa holders can be included in the green card process if the H-1B holder is seeking permanent residency, allowing them to eventually become lawful permanent residents of the United States.
4. H-4 visa holders can eventually apply to become citizens of the United States.

What are the H-4 visa interview and requirements?

After applying, the applicant for an H-4 visa is scheduled for an interview wherein the applicants are required to answer questions regarding their relationship with the primary H Visa holder and their plans during their stay in the United States. 

To verify the questions answered, you will be required to provide certain documents, which are also required for your application. They are as follows:

1. DS-160 confirmation page
2. Passport
3. Proof of relationship (marriage/birth certificates)
4. H-1B holder’s documentation (Form I-797, I-129, etc.)
5. Financial support proof (tax filings, pay stubs)
6. Evidence of the bona fide marriage (photos, wedding invitations, etc.)

What are H-4 Visa Costs?

The application fee for the H-4 visa is $205, and it must be paid before attending the visa interview. 

What is the processing time for an H-4 visa?

Processing times vary depending on the U.S. Embassy or Consulate where the application is made, but they are usually between 5 and 9 months.

Conclusion

The H-4 visa allows spouses and unmarried children under 21 of H-1B visa holders to reside in the U.S., with eligible spouses obtaining work authorization through the Employment Authorization Document (EAD). However, the H-4 dependent’s legal status is directly tied to the H-1B holder’s status, meaning any change or loss of the primary visa could affect their stay and work authorization.