how to get h4 visa

^{How Can I Get the H4 Visa?}

• Apply online. You will need to fill Form DS-160 online. When you start your H4 visa application, you will get the DS-160 barcode.
• Pay the applicable H4 visa fees. H4 visa fees are the same as other H type visas. Currently, the application fee for this visa is $190.
• Schedule a visa interview appointment. As soon as you file the DS-160 form, schedule an interview appointment with the U.S Embassy from which you are applying for the H4 visa.
• Compile the H4 visa document file. Filled DS-160 application form. Your valid passport with at least one blank page. Two US visa photographs.
Attend the visa interview. After you’ve applied online and submitted your documents, you need to attend the visa interview. ...
Get your visa. You can check your visa status on the website of the U.S Embassy where you are applying by entering your application number.

Can I work outside USA on a H4 visa?

The question above cannot be easily answered. However, most lawyers and people who researched the law including our own team believes that H4 visa holders CANNOT engage in active work while on US soil for a foreign company although the payment is made abroad.

Can I start a business on h4 visa?

You can't run a business on an H4. Your intent to switch to an investor visa or whether you “keep the profit in the business” is all irrelevant. It is downright illegal to do business on an H4. You can, however, do a business if you have an H4 EAD.

How can you get work on a H4 visa?

What am I Allowed to Do in the US With an H4 Visa?

• Apply for a change of status. H4 visa holders can apply for a change of status. ...
• Get a Green Card. Also, many H4 visa holders want to know whether they can apply for a Green Card. ...
• Study. ...
• Open a Bank account for H4 visa holders. ...
• Get a driver’s license. ...
• Have access to healthcare. ...
• Get ITIN number for H4 dependents. ...
• Work with an H4 visa. ...

What are the criteria to get H4 EAD?

• Passport showing your picture, name, and date of birth
• A birth certificate with photo ID
• A visa issued by a foreign consulate
• A national ID document with photo and/or fingerprint.

Who is eligible for H4 visa?

The H4 visa is issued to the spouse and children (below 21) who are dependents of the H1 B holders by the USCIS. It is issued to the dependent family members who wish to travel along with the H1B holders. As long as the H1B visa holder's permit is valid, the H4 visa holder can continue their stay with their spouse.

How long it takes to get H4 visa?

The average processing period for a visa is 15 to 30 working days.

Can I apply H4 visa by myself?

Q: Do I need to apply for H4 visa EAD through an attorney, or can I do this on my own? A: Just like any other immigration petition, you don't have to go through an attorney, and you can do it yourself.

How can I get H4 visa appointment?

How to Book Your Visa Interview at the EmbassyStep 1: Complete the DS-160 form online! ( ... Step 2 - Find the embassy nearest to you! ... Step 3 - Pay the non-refundable application fee. ... Step 4 - Schedule your visa appointment! ... Step 5 - Attend Your Visa Interview. ... Step 6 - Pick up your passport with visa.

Does H4 visa get rejected?

The application for the H4 visa will, therefore, be rejected by a 212(A)(4) refusal if the financial means of the principal applicant does not meet or exceed the state poverty line. This is done to prevent people from becoming a financial burden or obligation to the U.S. government.

How long is H4 visa valid?

three yearsYour H-4 visa status is tied to your H-1B spouse's status. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six.

Which is better H1B or H4 EAD?

The bottom line is that when uninterrupted employment is critical for a position and career growth, H-1B employment may actually be a better (or at least, safer) option compared to H-4 EAD employment.

Is H4 allowed to work?

H-4 visa holders are permitted to volunteer and undertake unpaid work for non-profit organizations while in the US without an EAD. The volunteering position should be offered to US citizens and green card holders and the H-4 visa holder must not receive any financial benefit for their volunteering work.

Can I book H4 appointment before marriage?

Your wife cant appear for H4 interview before your marriage is done. Marriage certificate is a mandatory thing for H4 interview but if you are asking whether you can schedule interview or not then it is possible.

Does H4 visa require sponsorship?

H4 visa holders would still be allowed to apply for an EAD and be able to work in the United States under their visa status. Still, the judgment has then been passed back to a lower court. If you have an EAD, you will not need any petition or sponsorship, or an LCA (Labor Condition Application).

Can I go with my wife for H4 visa interview?

Yes your wife can attend the visa interview all by herself, but make sure she carries all the necessary documents previous H1B stamp, marriage certificate, current company's 797.

How H-4 can work in US?

H-4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the United States. Many H-4 visa holders are highly skilled people in their own right and previously had careers of their own or worked to support their families.

Can I stay in US while H4 is pending?

H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of i94 expiry.

How much is H4 visa fee?

H4 visa fees are the same as other H type visas. Currently, the application fee for this visa is $190. Pay the fee and save the receipt, as you will need it later during your application procedures.

Why H4 extension is taking long time?

One of the fundamental reasons for delays of H4 processing is the Biometrics Process that was introduced by Trump Administration in 2019 as part of Executive Order 13780. “Protecting the National from Foreign Terrorist Entry into the United States”.

Is there premium processing for H4?

Unfortunately, H4 EADs cannot be premium processed. USCIS rules have recently fluctuated for H1B premium processing availability. Although, this did not extend to H4 benefits. Therefore, as of today, you cannot premium process your H4 EAD.

H4 Visa Process

For foreigners living in USA who want to bring their spouse to the USA, here is a step-by-step process for obtaining a H4 visa.

EAD For H4 Visa

Qualified H-4 dependent are now eligible for employment in the US; here is a step-by-step guide for EAD for H4 Visa holders.

What is the H-4 Visa?

The H-4 visa is for the spouses and dependents of H visa holders who would like to accompany the principle H visa holder into the U.S. The current H visas include:

What is evidence of H-4 status?

Evidence of your H-4 status such as a copy of your I-797 approval notice or a copy of your I-94 arrival/departure card.

How long does it take to get an I-485?

Lastly, you will have to file an I-485 application to adjust your status. This will take about six months to process depending on how busy your USCIS service center is. After your status is adjusted (from H-4 to green card), you will officially be a lawful permanent resident.

Can I submit an I-797 to my spouse?

Evidence that your spouse has an approved I-140. You can submit the I-797 approval notice for the green card.

Can I get my spouse's I-140 revoked?

Also, if your spouse has multiple I-140s approved with the USCIS, having one revoked will not invalidate your EAD. The regulations only state that your spouse needs to have an approved I-140. Alternatively, you may also be able to qualify if your spouse was admitted for H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). Speak with your immigration attorney to see if you fall under this exception.

Can I file an I-765 for an alien worker?

If you are qualified, you can file an I-765 Immigrant Petition for Alien Worker. You will need to submit the following documents as well in order to avoid unnecessary delays and requests for evidence (RFEs):

Can my spouse sponsor me for a green card?

If your spouse becomes a citizen, he or she can sponsor you for a marriage-based green card, which is the green card with the shortest processing time.

How to apply for a H4 visa?

To apply for a visa, the applicant must begin the H4 visa process and fill out a DS-160 form online and then attend their visa interview.

What is an H4 visa?

An H4 visa gives spouses and children under 21 of H1B visa holders the ability to join the visa holder in the US. H4 visa holders can legally:

When did H4 visa holders become eligible to work?

Beginning on May 26, 2015, select H4 visa holders became eligible to work in the U.S. To be able to work, an H4 visa holder must first apply for and be approved for an Employment Authorization Document (EAD). Additional requirements include:

Will my H4 visa be rejected?

It’s possible your H4 visa application will be rejected. While it would be a letdown, it’s not the end of the road. Check out our guide for what to do in case of an H4 visa rejection.

Can dependents work in the US on an H4 visa?

Luckily, with an H4 visa, dependent family members can join the H1 visa holder during their stay in the US. By applying for the H4 visa, these family members are granted temporary residence in the US during the time that the H1 visa-holding family member is working in the US.

Is the H4 visa policy changing?

Visa policy is always changing, and even just until 2015, H4 visa holders were not allowed to work. This change in policy came with backlash from groups who believed that H4 visa holders were taking their jobs, and although most of these criticisms were initially brushed off since Trump’s administration took office, there have been statements released suggesting that there will be changes to the H4 visa EAD rule.

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.

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.

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.

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.

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.

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 .

How to apply for H4 visa?

Immediate family members include the spouse or any children under the age of 21 of the H-visa holder. Accordingly, to be eligible to apply for the H4 visa, you have to meet either one of the following conditions: 1 Be the spouse of a H-visa holder. This includes the H1B, H1B1, H2A, H2B or H3 visas. 2 Be the child, under the age of 21 years old, of an approved H-visa holder. The children of a H-visa holder who are over 21 will not be eligible to apply for the H4 visa.

What is an H4 visa?

What is the H4 visa? The H4 visa is a nonimmigrant visa issued by the US Citizenship and Immigration Services (USCIS) to the spouse and children of H1B visa holders who want to accompany the H-visa holder to the United States.

What is an H1B visa holder?

The H1B visa holder is an individual who has been granted permission to travel to the US to work in a speciality occupation, ie; a professional working in a job role that requires theoretical/technical expertise or academic qualification, at degree level or equivalent, and for whom they have a US sponsor.

How long is an H4 visa valid?

As such, if your spouse or parent has a visa that is valid for 3 years , your H4 visa will also be valid for 3 years. However, you may be eligible to stay for longer, using Form I-539, in the event that the primary H-visa holder applies for an extension to remain in the United States.

What form do I need to apply for an H4 visa?

When you apply for an H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This is a Notice of Action, issued as a result of an application or a petition submitted to the USCIS for a H1B or other H-visa.

What documents are needed to get an H4 visa?

In addition to form DS-160, you will be required to provide other documents when applying for an H4 visa, including a marriage or birth certificate, a copy of your spouse’s/parent’s H-type visa, together with their I-129 form, I-797 form and the Labor Certification Application.

How much does it cost to get an H4 visa?

You should save your fee receipt as you will require this later. Currently, the application fee for an H4 visa is $190. Schedule a visa interview appointment with your local US Embassy or consulate. Having scheduled your interview, you will get a letter of confirmation, which again you will need to retain.

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.

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.

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.

How long does it take for an H1B spouse to get extended?

H-1B spouse must have extended H1B status beyond the initial 6 years under AC-21 rule in one year increments. That happens when the H-1 spouse’s employer has a Perm Labor Certification (LC) I-140 filed for H-1B beneficiary at least 365 days prior to the end of the sixth year of H1B status.

Can an H4 visa be used for EAD?

Just because H-1B visa holder has been in the US for more than 6 years, it does not make the H4 visa holder eligible to apply for EAD. For example, his would happen if the H-1B spouse came to the U.S. on student visa and studied in the US for several years before changing to H-1B visa. The condition as mentioned here must be met.

Can an H4 visa holder work part time?

Advantages. There are several advantages of H4 visa EAD: H4 visa EAD holder can work full time or part time for any employer in any position or in any field. Of course, if H4 visa EAD holder chooses not to work, that is absolutely fine too.

Can an H4 visa holder start their own business?

H4 visa based EAD holder can start their own business of any kind.

What is the purpose of submitting supporting evidence to USCIS?

Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.

Do I have to pay for I-765?

You do not have to pay the Form I-765 filing fee. Follow the Form I-485 filing instructions to avoid processing delays. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c) (26), USCIS will reject your Form I-485 and any corresponding fees.

Can H-4 dependent spouse file I-765?

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: