Tuesday, March 2, 2021 The Biden administration announced that it will not strike the H-4 EAD (Employment Authorization Document) rule, which allows spouses of H-1B visa holders to work in the United States if they meet certain conditions. This is a great relief for almost 100,000 H-4 spouses.
Full Answer
Can H4 visa holders travel to USA from India?
This includes H4 dependent visa holders whose primary H1-B beneficiary is present in the U.S. This means that certain eligible H4 visa holders, primarily spouses who are stranded in India due to the Covid travel ban for Indians, may now enter the U.S. under special circumstances.
Is H4 visa dependent on H1B?
As H4 visa is a dependent visa, its approval duration is tied to the H1B visa holder approval. For example, if H1B visa holder gets 3 years approval to work in US, then H4 dependent would also get same amount of 3 years validity to stay along with the primary H1B holder.
When does a H4 visa become valid in the US?
H4 is a "H1B Dependent" visa. As the name suggests the visa becomes valid only and only when the primary H1B holder starts working in the US i.e. "First working day". This is because the duration/period of H4 visa is determined by the duration/period of stay of H1B visa.
Can I travel out of US while my H4 change of status pending?
Yes, you can travel out of US, when your H4 Change of Status is pending. But, the most important thing to understand is that your H4 COS application filed with USCIS using Form I-539 would be considered abandoned and subsequently denied, if you leave US when it is pending.
Can H4 travel to USA now?
As per the US Department of State notification, this applies to H-1B, H2A, H4, J1 visa categories. Dependents of H1-B work visas can now travel to the US, according to a US Department of State directive. This applies to H-1B, H2A, H4, J1 visa categories, the US Department of State said in a notification.
Is US Consulate open for H4 visa?
Due to COVID-19, US Consulates in India are not open for regular operations yet. Many of the H4 Holders are getting Emergency US Visa Appointments based on H1B & H4 Visa Exemptions from Trump travel ban.
What are the restrictions with a H4 visa?
As an H-4 visa holder, you can remain in the U.S. as long as your husband or wife has a valid visa. You can attend school, obtain a driver's license and open a local bank account, but your ability to work will be determined by whether or not you obtain an Employment Authorization Document (EAD).
Can H4 dependent work in US 2021?
The H4 Visa: As long as the H1B visa holder's permit is valid, the H4 visa holder can continue their stay with their spouse. They can open a bank account, get a valid driving license, study in the US, and even work in the US if they get employment authorization document (EAD).
Is US consulate open in India for H4?
Overall Current Status Summary: US Consulates in India continue to be closed for regular operations as of July 12th, 2022. Their focus continues to be on F1 Students with lot of interview slots for F1 visas.
Can Indian travel to USA now?
Yes. You may travel to the United States without any further visa processing. Please note that you will be required to provide proof of full vaccination. Refer to the CDC website for a listing of accepted COVID_19 vaccines: https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html.
How many H-4 visas are allowed in USA?
Characteristics of H-4 Visa Recipients The number of H-4 visas allocated to family members of H-category nonimmigrant workers increased from 47,206 in Fiscal Year (FY) 1997 to 136,393 in FY 2017.
Can H4 visa holder travel alone?
No, your H4 is tied to your H1B spouse. The only condition which allows you to stay in US is when you both are in US and your spouse has to travel to India or any other country.
Which H-4 spouse can work?
Holders of such an H4 visa EAD can now legally work or start a business in the U.S. as long as their spouse's H1B visa is valid.
How long does it take to bring spouse to USA 2022?
Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.
Can H4 apply for green card?
Under H-4 status, you will be able to live and study in the U.S. Those that are the spouses of H-1B holders can also work, provided that they obtain valid Employment Authorization Documents (EAD). Additionally, as of 2015, H-4 visa holders can apply for lawful permanent residence (green cards).
How long does H4 processing take?
Current USCIS Processing Time: The current USCIS case processing time for H-4 extensions is 5.5 – 7.5 months, per the USCIS website.
Can H-4 visa holder work in US 2022?
The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders. Holders of such an H4 visa EAD can now legally work or start a business in the U.S. as long as their spouse's H1B visa is valid.
Are visa slots open for fall 2022?
Earlier in May, the Embassy opened its first batch of interview slots for dates in June and the first half of July 2022, as the Times of India reported.
How long does H4 processing take?
between 2-9 monthsWhile this is subject to change based on the service center, you can expect H-4 EAD processing time to be between 2-9 months depending on the service center that's processing the application.
Are US embassies open for visa interviews?
U.S. Embassy Manila has resumed all routine visa services. Wait times for interviews are longer than before the pandemic, except for immediate relatives. For nonimmigrant visas, the embassy is prioritizing applicants with urgent travel needs.
How to Apply for H4 Visa ?
The process to apply for H4 Visa depends on the physical location where the H4 visa application currently lives. If the H4 applicant lives outside of US, then they need to apply for H4 Visa at the nearest US Consulate or US Embassy. Unlike, if the H4 applicant is already living in US on a different visa status, then they need to apply for H4 Change of Status with USCIS. Let’s look at each of the processes.
What is H4 Visa ?
H4 Visa or H4 dependent visa is the US visa category given to the spouse and children ( under 21 years of age) of all H visa holders such as H1B Visa, H1B1 Visa, H2A, H2B and H3. H4 visa is treated as dependent visa, meaning its validity and status are tied to the primary H visa holder. USCIS classifies it as given to Family of H1B visa. Unlike H1B Visa Cap, that has annual limit of 85,000 per year, H4 visas do not have any annual limit. As long as the H1B holder is counted towards H1B cap and got visa to work in US, H4 visa holders can join them and go to US.
What form do I use to apply for H4 EAD?
If the H4 visa holder qualifies for H4 EAD, then they can apply for employment authorization document (EAD) with USCIS using form I-765. For step by step instructions, Read How to apply for H4 EAD, Biometrics
What does an H4 EAD card look like?
It looks like a driving license card with details of the H4 holder , with photo, including work authorization category, validity, etc.
What is an H4 approval notice?
If you have got H4 status by applying for Change of Status within US, you will get a H4 approval notice, that is basically a form I-797A that state your details, and validity of H4 status, including the I-94. Check Sample H4 Visa Approval Notice with I-94
When will H4 biometrics be suspended?
In early 2019, USCIS introduced New I-539 form, with Biometrics as an additional step under Trump administration. But, in May 2021, Biden administration suspended the H4 Biometrics for two years until May 2023. If you file H4 COS or Extension application after May 2021, you do not need to attend biometrics by default.
Will USCIS waive H4 biometrics?
USCIS has waived biometrics for H4 visas from May 2021 for two years. But, on a case by case basis, they may issue biometrics appointment. Get H4 Approval Notice with I-94 that indicates your new status and duration of the same, if approved by USCIS. USCIS is yet to introduce Premium Processing for H4 Visa, H4 EAD .
What Is an H-4 Visa?
H-4 visa holders are immediate family members of H-1B visa holders. Most H-4 visa holders are spouses who want to join their partner in a new country. They enjoy many of the benefits of living in the United States, but some limitations exist. That's why an H-1B visa is better.
How Does a Person Apply for an H-4 Visa?
The applicants of both the H-1B and H-4 visas usually apply together. Otherwise, the paperwork won't get finished at the same time, leaving one person unable to join the other in the United States.
Who Qualifies for an H-4 Visa?
The only people who qualify are dependents. In the United States, those people are spouses and unmarried children under the age of 21.
What Steps Are Required When the H-4 Visa Arrives?
To avoid issues with government officials, the new visa holder should verify all major information, such as:
What Can a Person Do With an H-4 Visa?
The holder will enjoy several privileges available to American citizens. They can:
Why Is H-4 Visa Reform so Popular?
Their belief was that the current system needed improvement. With roughly 100,000 unhappy holders, the United States had an influx of immigrants who didn't enjoy their new country. Also, these people not working were also not paying taxes, costing the government millions of dollars.
What Can an H-4 Visa Holder Do to Solve the Problem?
Someone interested in going back to school can switch to the F-1 student visa. It not only allows for educational opportunities, but also liberates the holder to work on campus . Another option is to apply for an H-1B, just as the spouse has.
Who is eligible for H4 visa?
The H4 visa is given to dependent family members of an H1B visa holder, accompanying him or her to the US. Dependent family members include the children and spouse of the H1B visa holder. You can simultaneously submit the application for the H1B visa for yourself and H4 visa for your family members.
What happens after approval of H4 visa?
After approval of your application, your H4 visa will get converted into an H4 EAD visa. The H4 EAD visa status allows you to get some additional privileges and benefits, such as:
How long does it take to get rid of H4 EAD?
The processing time can range between a couple of days to 90 days. This means that the US administration intends to officially remove the H4 EAD rule very soon.
What are the types of institutions that can be enrolled in H4?
There are three main types of institutions that you can join with an H4 visa. These are universities, local institutes and community colleges. To get a college degree, such as MS, MBA, BS, BA etc., you can get enrolled in any university. Most universities allow admission of international students with any type of visa except for the F-1 visa.
Can H4 holders apply for EAD?
However, before the review process is completed, eligible H4 holders can still apply for the EAD.
Do you have to be cleared to get into a training institute?
To get into a local training institute, no particular exam needs to be cleared. You can upgrade your skills through these institutes, but their diploma or certificates may not help you land a job.
When did the H4 visa change?
On February 24, 2015, it was announced by USCIS that this rule would change beginning May 26, 2015. The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders.
What is an H1B visa?
H1B visas are meant for people who have a degree and want to work in the United States. The visa allows them to get a job in the same field as their degree. Meanwhile, the H4 visa is something that allows you to bring your family to the States.
Why is H4 EAD important?
The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. They also wanted to lower the number of interruptions to U.S. businesses, as they were causing foreigners to not want to stay in the States anymore. Therefore, the H4 EAD was made with the thought of giving some peace of mind to H1B visa holders, as well as their families. This is helpful while these families are trying to transition to lawful permanent resident status. Not to mention that the rule can decrease the economic burdens that these families used to deal with.
How to apply for H4 EAD?
To apply for an H4 EAD, you need to first own an H4 visa. That means that you need to be the spouse of someone who owns an H1B visa or the child of the holder. If you are the child, then you must be under the age of 21, and not be married.
When will H4 EAD be removed?
The removal of H4 visa EAD has officially been included in the Spring 2018 Regulatory Agenda (set to be in June 2018) titled “Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”. What this agenda item basically said was that the DHS intends to amend the rule regarding H4 EAD’s and that they will possibly remove this EAD in line with the EO.
How much is the DHS application fee?
An application fee of $410 must be paid to the DHS before your application can be processed. Some people are exempted from paying this fee, however.
When did the H4 EAD rule come into effect?
But in 2015, the H4 EAD rule was implemented. After the rule passed, those who were eligible for it could start applying for an Employment Authorization Document. Not long ago, in 2019, USCIS came with the suggestion of getting rid of the program. However, it’s still not certain whether their request will be accepted or not – it’s all still up for debate.
When did the travel ban end in 2021?
Presidential Proclamation 10294 of October 25, 2021, Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, effective November 8, 2021, revoked the four prior geographic travel ban restrictions that limited entry from 33 specific countries, and replaced them with a global requirement that "noncitizens who are nonimmigrants" traveling to the United States by air from any part of the world establish that they are fully vaccinated, with some limited exceptions.
Which country restricts entry into the United States?
China. Restricts the "entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States," unless exempted or otherwise excepted.
How long is a NIE valid for?
If a NIE is approved, they may travel on either a valid visa or ESTA authorization, as appropriate. Each approved NIE is valid for 30 days and a single trip to the United States. [ NAFSA note: The July 6, 2021 NIE statement extended individual (non-blanket) NIEs to 12 months of validity for multiple entry.]
What is Section 3 of the April 30, 2021 India Proclamation?
Section 3 of the April 30, 2021 India proclamation provides an example for the agencies' roles: Sec . 3.
When did Biden suspend the entry of non-immigrants to India?
On April 30, 2021, President Biden signed a Proclamation suspending the entry of certain nonimmigrant travelers who have been physically present in India, which went into effect on Tuesday, May 4. Immigrants, U.S. citizens, and lawful permanent residents (LPRs) are not subject to the proclamation.
Is there a travel restriction for Canada and Mexico?
Canada-Mexico "Essential Travel" Restrictions. Two Federal Register notices published on March 24, 2020 announced the decision to temporarily allow entry to the United States through land ports of entry along the U.S.-Canada and U.S. Mexico borders for "essential travel" only.
What to do if you travel out of the US with an H4 extension?
If you travel out of US with your H4 Extension/ COS, which is filed using Form I-539, pending with USCIS, they recommend that you keep a copy the extension or COS application and the copy of receipt notice to be showed to the immigration inspector, when you go arrive in US and go through Port of Entry Procedures to ensure that you did not overstay. Also, I suggest you check, and print copy of the I-94 online , US Travel History during your exit and have it handy a additional proof. Below is screenshot from USCIS website on the same.
Is the H4 extension still being processed?
There is no official reference given by USCIS on how they will handle extension petitions with travel, but based on experiences shared by users, H4 Extension have not been abandoned and continued to be processed.
Can I file H4 COS and H4 EAD together?
Also, let’s say you file for H4 COS + H4 EAD together, but you exited before the approval from USCIS and re- entered US on H4. In such cases, even you are on H4 status after you entered US, USCIS will deny your H4 EAD application that was filed before as it was filed by you with a different I-94 and in different status ( see below screenshot). You need to re-file form I-765 for your H4 EAD with USCIS. Also, you should withdraw your previously filed H4 EAD application with USCIS, if that is pending when you file your New H4 EAD application
Can I travel outside the US with H4 EAD?
Can I travel outside of US when H4 Change of Status (COS) filed along with H4 EAD is pending with USCIS? ( H4 COS + H4 EAD ) Yes, you can still travel out of US, but your H4 Change of Status will be considered abandoned and subsequently denied.
Can you leave the US with H4 COS?
Unknown Emergency Travel : If you have an emergency and have to leave US with H4 COS or Extension and H4 EAD Pending, don’t worry too much about all of these, just leave, get your H4 Stamping done, if needed and then re-enter on H4, file a new H4 EAD application ias needed.
Can I travel out of the US?
Yes, you can travel out of US, but the only issue is with the I-94 number mismatch. There is no official reference to this, but based on users’ experiences, we had few users report that their H4 extension was continued with processing and also their H4 EAD was also processed and it was delivered to them, when they were back in US. But, the issue was with the I-94 number mismatch. As mentioned above, when you re-enter US and go through Port of Entry Procedures the CBP officer will give you new I-94 and that number would be different from the H4 extension that you received with USCIS. You may have issues with the I-94 mismatch at DMV when trying to renew license or other things as it uses SAVE Database. You will be considered in status and everything will be fine, but the only issue is with I-94 mismatch and you may need to do another trip to fix the issue
Can you Travel out of US, when your H4 Change of Status (COS) is pending?
Yes, you can travel out of US, when your H4 Change of Status is pending. But, the most important thing to understand is that your H4 COS application filed with USCIS using Form I-539 would be considered abandoned and subsequently denied, if you leave US when it is pending.
Get A Driver’S License
Get Admission in Educational Institutions
- There are three main types of institutions that you can join with an H4 visa. These are universities, local institutes and community colleges. To get a college degree, such as MS, MBA, BS, BA etc., you can get enrolled in any university. Most universities allow admission of international students with any type of visa except for the F-1 visa. In order to get admission for MBA and MS, you will …
Work in The United States
- If you hold just an H4 visa, you are not authorized to work in the US. However, since 2015, there has been a regulation change that allows specific H4 visa holders to work. For this, you will need to apply and get approval for an Employment Authorization Document (EAD). After approval of your application, your H4 visa will get converted into an H4 ...
Current Updates Regarding The h4 EAD
- The Department of Homeland Security (DHS), under President Trump’s administration, has moved ahead to completely scrap the H4 EAD rule. On February 20, 2019, the DHS submitted its rule for H4 EAD removal to the Office of Management and Budget(OMB) for review. The processing time can range between a couple of days to 90 days. This means that the US administration intends t…