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what is an h4 visa

by Alexis Kris III Published 2 years ago Updated 2 years ago
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H4 Visa

  1. What is an H-4 dependent visa? The H-4 dependent visa is a nonimmigrant visa which allows the dependent spouse and children of principal H visa holders to enter into ...
  2. What privileges do I enjoy on H4 visa? On H-4 visa, you may: Enter into the U.S. ...
  3. How long can I stay in the U.S. ...
  4. Can I work on H-4 visa? ...
  5. Can I study on H-4 visa? ...

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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. ...

What are the options for a H4 visa holder?

Steps for H4 Visa Interview, Stamping

  • 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

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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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What is an H-4 visa for USA?

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 H-4 permanent resident?

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 H-4 visa holders work?

The H4 visa is issued to the spouse and children below 21 years of the H1 visa holders. The H4 visa holders can study, live, and work in the US with this visa status. The H4 visa status authorizes to get a driving license.

How long is H-4 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 H-4 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 much is H-4 visa fee?

$190H4 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.

How long does it take to get a H4 visa?

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

How long does H-4 processing take?

H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. i485 EAD processing time is 2 to 6 months at the National benefits center.

What are the 4 types of visa?

Probably one of the four main types: tourist, immigration, student, or work.

Who is eligible for H-4?

To be eligible for lawful employment, H4 visa holders must be dependent spouses of an H1B visa holder. In order to work legally in the United States, the spouses must file Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS).

What documents are needed for H-4 visa?

What are requirements for H4 Visa ?Proof of Relationship. Marriage Certificate ( if you are applying as Spouse) Wedding photos ( if newly married ) Birth Certificate ( if applying as child )Required Primary H1B visa holder documents. Passport. Copy of Visa. Copy of I-797 approval notice from USCIS.

Can my wife work if I have H1B visa?

Spouses of H-1B visa holders can work or start a business in the US provided their spouse's H1B visa is valid. H-4 visa holders looking to take up paid employment must first apply for an employment authorization document (EAD) to allow them to work in the US.

When can H-4 start working?

You can track your H4 EAD with this tracker. As soon as you have been issued your I-765 and received your EAD, you can start working.

Who is eligible for H-4 EAD?

Eligible individuals for an H4 EAD include H4 dependent spouses of H1B employees who have been in the US for more than six years on H1B status or who have begun the Green Card process in the US. These H4 visa EAD FAQs provide answers to some of the commonly asked H4 EAD questions including how to apply for the EAD.

Will H4 visa get rejected?

212(a)(4) Refusal The visa sponsor (or principal applicant) must be able to take care of their H4 dependents. 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.

Can an H1B visa holder apply for a green card?

Can H1B Visa Holders Apply for Green Cards? Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. If you are interested in staying in the US, you should start the process of applying for your green card sooner rather than later.

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 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.

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 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 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.

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 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 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 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):

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 .

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.

What is an 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)

Why is it important to allow H-4 spouses to work?

Notably, allowing spouses to work brings the United States in line with other countries competing to attract talented foreign nationals.

Can an H-4 dependent attend school?

Thus, these individuals are referred to as “H-4 dependents.”. H-4 dependents can attend school. However, they are not eligible for temporary employment related to their field of study—something available to some foreign students, such as those in an F-1 status. H-4 dependents can apply for an extension to remain in the United States ...

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:

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.

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.

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 are H4 visa holders concerned about?

Understandably, H4 visa holders are concerned about their futures and wonder if their employment opportunities will be revoked

What is an H4 Visa and an H4 EAD Visa?

An H4 Visa is a Visa issued to dependants (spouses or children under 21 years of age) of H1B visa holders. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. There is, however, an option to obtain an EAD which allows you to work with an H4 visa.

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.

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. 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 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.

How to apply for H4 EAD?

All you need to apply for the H4 EAD is to fill out the I-765 Application for Employment Authorization form. This form and all the required documents listed below must be submitted to the USCIS. Remember, you can only apply if you are eligible.

Can a H4 visa be used for a spouse?

An H4 Visa is a Visa issued to dependants (spouses or children under 21 years of age) of H1B visa holders. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. There is, however, an option to obtain an EAD which allows you to work with an H4 visa.

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