The H-4 is a temporary, nonimmigrant visa category for the spouses and unmarried children under 21 years of age (dependents) of individuals in one of the following nonimmigrant visa categories:
- H-1B (workers in a specialty occupation)
- H-2A (temporary or seasonal agricultural workers)
- H-2B (temporary non-agricultural workers)
- H-3 (nonimmigrant trainees, other than medical or academic)
What is a H-4 visa?
The H-4 is a temporary, nonimmigrant visa category for the spouses and unmarried children under 21 years of age (dependents) of individuals in one of the following nonimmigrant visa categories: H-1B (workers in a specialty occupation) H-2A (temporary or seasonal agricultural workers) H-2B (temporary non-agricultural workers)
Can H4 visa be used for spouse of H1B?
Luckily, US immigration system offers H4 dependent visa for the spouse and children under 21 of the H1B holder. H4 visa allows dependent spouse and children to travel to US along with H1B holder and stay in US as a temporary resident.
Can I Change my H-4 visa status to F-1?
A person can change to a different visa status, too. The rule is that you must maintain valid status for the H-4 visa. Visa holders often change to the F-1 student visa or the H-1B nonimmigrant visa. Visa holders who switch to the F-1 visa can obtain a work permit; however, these individuals receive oversight in the SEVIS system.
Can a H4 visa holder stay in the US longer?
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 does the H4 visa allow?
Is H-4 visa immigrant or nonimmigrant?
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.
Is H-4 EAD non immigrant visa?
Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States. Eligible H4 visa holders may apply for H4 visa EAD if they want to work or start business in the US.
Is H-1B a non immigrant visa?
The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor's degree or the equivalent.
What does H-4 visa means?
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).
What type of visa is H-4?
The H-4 is a temporary, nonimmigrant visa category for the spouses and unmarried children under 21 years of age (dependents) of individuals in one of the following nonimmigrant visa categories: H-1B (workers in a specialty occupation) H-2A (temporary or seasonal agricultural workers)
Is H4 visa allowed to work in US?
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.
What are 3 types of non immigrant visas?
What are the nonimmigrant visa types? There are three primary nonimmigrant visa categories. You can visit the United States for temporary tourism or business, study, and work.
What are non immigrant visas?
Non-Immigrant Visa Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel.
Who is a non immigrant to the US?
Nonimmigrant status This status is for people who enter the U.S. on a temporary basis – whether for tourism, business, temporary work, or study. Once a person has entered the U.S. in nonimmigrant status, they are restricted to the activity or reason for which they were allowed entry.
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.
Can my wife work on H4 visa?
You must file Form I-765, Application for Employment Authorization, 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.
How can I convert H4 visa 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)
Who is eligible for H4 visa?
The H4 visa is issued to the dependent family members of an H1B visa holder (spouse and children under 21 years) who want to join the H1B visa holder in the United States.
How long is an H4 visa valid?
So if your spouse has a visa that is valid for 3 years , your H4 visa will also be valid for 3 years. That is the length of time that you can to stay in the U.S.
How Long Can I Stay in the U.S With an H4 Visa?
When you apply for the H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This form states the dates that the visa of your spouse or parent is valid. Based on this, the U.S Embassy will also grant you a visa with the same validity of your spouse ’s or parent’s visa.
How to check H4 status?
You can check your visa status on the website of the U.S Embassy where you are applying by entering your application number. The Embassy will notify you once they process your H4 visa. If you have been granted the H4 visa, you will need to go for the visa stamping procedures.
How much does an H4 visa cost?
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.
Where to apply for H4 visa?
If you are outside the U.S, you will need to submit your application for H4 Visa at the U.S Embassy where your spouse or parent has applied or in your home country if you and your spouse are of different nationalities. If you are within the U.S, you can submit your H4 visa application through the USCIS.
Do H4 visa holders need health insurance?
However, although not mandatory, most US residents have health insurance anyway, simply because the cost of health care in the US is very high, and people with an average income cannot afford it if they have to pay out of pocket.
What is an H-4 visa?
An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services.
Can a family member be admitted to a non-immigrant?
Family members may alternatively be admitted in other non-immigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B visa petition to employ the spouse.
Can a non-citizen work in the US?
A noncitizen with H-4 immigration status normally is not permitted to engage in employment in the United States but there is one important exception to this rule. All H-4 noncitizens are permitted to study in the United States.
Can an H-4 dependent spouse receive social security?
DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States. These H-4 dependent spouses are also eligible to receive social security numbers. An H-4 dependent spouse of an H-1B nonimmigrant can file Form I-765, Application for Employment Authorization to obtain an employment authorization document ...
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.
Who is eligible for H4 visa?
Who is eligible for an H4 visa? The USCIS will allow immediate family members of H-visa holders, including the H1B visa, to obtain a H4 visa to lawfully come and stay in the US with their spouse or parent. 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 ...
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 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.
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.
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.
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 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.
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.
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 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 many MB is the I-765?
Complete Form I-765 using the Instructions for Form I-765 (PDF, 1.07 MB). USCIS will reject any application that is not accompanied by the proper filing fees or signature.
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:
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Federal U.S. Tax Information
Aliens employed in the U.S. may have a U.S. tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.