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what is h4 visa in usa

by Romaine Wunsch DVM Published 2 years ago Updated 1 year ago
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What is the H4 visa? An H4 Visa is issued to dependent family members of those who received H temporary employment visas. In other words, it is available for the immediate family members of the following permit categories: H-1B Specialty Occupation Visa.

Who can get an 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.

Can a H4 visa holder 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.

Is an H4 visa a 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 is an H4 visa good for?

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.

What are the 4 types of visa?

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

How long does it take to get H4 visa?

Every USCIS service center has different time statistics. This service center takes more months to process H4 visas. In terms of the automatic extension, USCIS Texas Service Center has shorter times at 5 to 7 months. Generally, the entire process can take anywhere from 2 to 12 months.

Can H4 convert to H-1B?

Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. The H4 visa holder’s sponsoring H1B employer must file his or her H1B petition. The H1B sponsoring employer will need to submit the following along with Form I-129.

Can parents come on H-4 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.

What happens if H-4 visa expires?

H4 spouses will qualify for the automatic extension of their valid EAD for 180 days beyond the date of the EAD expiration if the nonimmigrant spouse: Files a Form I-765 before the current the EAD expires; and. Continues to maintain H-4 status beyond the expiration of the existing EAD.

When can H4 visa holders work?

Currently, the H-4 visa holders must apply for work authorisation 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.

What documents are needed for H4 visa?

You must provide the following documents to apply for the H4 visa:Filled DS-160 application form.Your valid passport with at least one blank page.Two US visa photographs.Receipt proving payment of $160 for a nonimmigrant US visa application.Photocopy of the primary H visa holder visa.More items...

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 I get a job 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.

Can H4 visa holder work in US for Indian company?

You can't. H4 children are not authorized to work in the US.

Can I work on H-4 without EAD?

The EAD itself (a small card) is proof that you have received this permission and that you are allowed to work. Before 2015, H4 visa holders weren't allowed to work in the United States at all. After 2015, certain H4 visa holders are allowed to work if they have an EAD.

How H-4 can earn money?

Nine ways to earn money legallyGet paid for your opinion. Many companies will pay you to take surveys for market research. ... Try your luck at contests and sweepstakes. ... Write a book or music. ... Invest in a startup company. ... Invest in stocks. ... Start a YouTube channel. ... Become a student. ... Change your status.More items...

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.

What Can a Person Do With an H-4 Visa?

The holder will enjoy several privileges available to American citizens. They can:

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:

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 .

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 ...

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 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.

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 ...

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.

Can dependents of H visas work in America?

In that case, they need to return to their home countries. Dependents of H visas holders who hold H-4 visas cannot obtain Social Security Numbers and cannot work in America. But they can study at U.S. universities and get driver’s licenses.

Can I change my H-4 visa status?

They may also become eligible for H-1B visas. Though the H-4 visa holders do not have the right to work in the U.S. they can change their status to some other non-immigrant status that would grant them the ability to work in the country. To change their non-immigrant status, they need to file the USCIS Form I-539, ...

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