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how to work on h4 visa in usa

by Eula Schaefer MD Published 3 years ago Updated 2 years ago
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  • Fill out Online Non-immigrant US Visa Application Form, also called as DS-160 form
  • Pay required US Visa fee for H4 visa stamping.
  • Book appointment at a Visa Application Center (VAC) to give Biometrics ( fingerprints, photo)
  • Book appointment for in-person Visa Interview
  • Give Biometrics, Attend US Visa interview on the booked appointment date
  • Collect Passport with US Visa glued in it. ( assuming H4 visa was approved)

You must file Form I-765, Application for Employment Authorization
Employment Authorization
A Form I-766 employment authorization document (EAD; [1]) or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.
https://en.wikipedia.org › Employment_authorization_document
, to request employment authorization as an H-4 dependent spouse
. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.
Nov 12, 2021

Full Answer

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. ...

Are H4 visa holders allowed to work?

In general, as H4 visa holders are not allowed to work, they are not eligible for SSN, unless they qualify for H4 EAD. If you are eligible for H4 EAD, then you can either apply for it directly using your EAD application or apply for it separately at SSN office. Check H4 EAD SSN Application Process, Documents.

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.

What kind of employment can a H4 visa holder get?

H4 EAD has no restriction on kind of jobs a visa holder can engage. It is up to you to find a suitable job at entry level which you can carryout. What is the better way to apply for jobs with H4 EAD? Is it necessary to do some training? A2A.

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How can H-4 visa holders work in USA?

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 H-4 visa work legally?

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).

Can you work any job on H-4?

It allows employment in any sector, in any job, without regard to the H-4 spouse's education, experience or skills. There is no requirement that the position be “skilled” or “professional.” There is no requirement that the H-4 spouse must have a minimum degree.

Can H4 visa holder work in US 2022?

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).

How can I convert H4 to H-1B?

To apply for H4 to H1B conversion, the applicant must submit the following documents along with those required for H1B application.Form I-539, Application to Extend/Change Nonimmigrant Status.Supporting documents such as employment offer, support letter, and labor condition approval, (LCA)

Can I work on H4 without pay?

H4 can work as Volunteer Yes, you can work as a volunteer for a non-profit company without pay on H4. Make sure that you do hold a position that would otherwise be a paid position.

Can H4 dependent work in USA without EAD?

Currently, the H-4 visa holders must apply for work authorization and wait for it to be processed before they can work, even though they are already in the United States and their spouse is working here.

Which is better H-1B 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.

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.

What happens to H-4 status?

Your H-4 status is linked to that of the H-visa holder and If anything occurs that allows the principal holder to lose his or her rank, your rank will, therefore, be affected. Conversely, once the principal holder changes its rank, the position should be expanded as well.

What is an H1B visa?

H1B visas are intended for graduates and those who want to work in the United States The visa helps them to become workers in the same area as their degree.

Why was the H4 EAD created?

market interruptions, because it induced visitors to no longer wish to live in the States. Hence, the H4 EAD was created with the idea of offering H1B visa holders, as well as their friends, some peace of mind. It is beneficial as such individuals seek to move to the level of a legal permanent resident. Not to mention that the law will reduce the economic pressures these families used to face.

Can a family member get a job visa?

Job visas come with several benefits not just for the individual who earns them but also for his relatives. Beneficiaries may get family members into the U.S. by obtaining some job permits, some with more incentives than others. Check out how the H-4 visa operates, how to qualify for one, and what incentives it provides.

Can a H4 visa be operated on an H1B visa?

An H4 Visa is a Visa given to H1B visa owners dependents (spouses or children under the age of 21). H1B visa holders’ partners are not permitted to operate on an H4 Visa only. However, there is an opportunity to acquire an EAD that enables you to operate on an H4 visa.

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 .

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.

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