Moving to the US: Understanding the H-4 visa for dependents of H-1B visa holders

The H-4 visa, issued by US Citizenship and Immigration Services (USCIS), is designed for dependents of certain nonimmigrant workers, specifically those holding H-1B, H-1C, H-2A, H-2B, and H-3 visas.

This visa allows spouses and unmarried children under 21 to accompany the primary visa holder to the US and reside there for the duration of the primary work visa holder's stay. H-4 visa holders are also eligible to study in the U.S. and may apply for employment authorization, though there are specific restrictions.

Eligibility for the H-4 Visa

To qualify for an H-4 visa, applicants must meet the following criteria:

1. Spouses: Must be legally married to an H-1B, H-1C, H-2A, H-2B, or H-3 visa holder.
2. Unmarried children under 21: Must have a parent holding one of the above visas.

Additional requirements include:

• Valid primary work visa status: The primary visa holder must be in lawful status, without visa violations or overstays.
• Financial support: The primary visa holder must demonstrate the ability to financially support their H-4 dependents, as H-4 visa holders cannot work without employment authorization from USCIS.
• Clean criminal record: H-4 applicants must not have a criminal record that renders them inadmissible to the U.S.

Cost and Processing Time

The current filing fee for an H-4 visa is $205, but this amount is subject to change. It's advisable to check with the U.S. Embassy or consulate for the latest fee information. Processing times vary by location and can be checked on the State Department's website.

Employment Authorization

H-4 visa holders can apply for an Employment Authorization Document (EAD) by filing Form I-765. Processing times for EADs vary, averaging 4.25 months when filed with a change of status or extension, and 6.25 months for standalone applications. An approved EAD allows H-4 visa holders to work for any employer in the US.

H-4 visa application process

The H-4 visa application involves several steps:

1. Determine eligibility: Confirm you meet the criteria as a spouse or child of an H-1B visa holder.
2. Collect required documents: Gather necessary documents, including a valid passport, nonimmigrant visa application form (DS-160), marriage and birth certificates, police certificates, and evidence of financial support.
3. Complete the application: Fill out the DS-160 form and pay the visa application fee.
4. Schedule a visa interview: Book an appointment at the U.S. Embassy or consulate.
5. Attend the visa interview: Present all required documents. The consular officer will review your application and decide on your visa.
6. Receive your visa: If approved, your H-4 visa will be issued and placed in your passport.

Frequently Asked Questions

• Can H-4 visa holders work in the U.S.?
  H-4 visa holders cannot work unless they receive employment authorization from USCIS by obtaining an EAD.
• Can H-4 visa holders study in the U.S.?
  Yes, H-4 visa holders can enroll in educational courses on a part-time or full-time basis.
• What happens if the primary visa holder loses their job?
  If the H-1B visa holder loses their job, the H-4 visa holder may also lose their status. The primary visa holder can seek a new employer to transfer their H-1B status to a new position.