Navigating H-4 Visa For Dependents

What Is the H-4 Visa 

The H-4 visa category covers dependants of temporary workers allowing them to bring their children and spouses to the US. It is thus a dependent visa for family members of H visa holders (H2A, H1B1, H1B Specialty Occupation, H2B Temporary Workers, and H3 Trainee Visas). Some benefits include living in the US, attending school, opening bank accounts, getting a tax ID and social security number, starting a business, or applying for a driver’s license.

H-4 Visa Eligibility Criteria 

Now that you know what the H-4 visa means, it is time to check out the eligibility criteria for the same. Here are some points worth noting in this regard. 

• The H-4 visa is a nonimmigrant and temporary visa category for unmarried children under 21 years of age and spouses (dependents) of individuals in specific nonimmigrant visa categories. 
• The H-4 status of the eligible dependent is based on valid immigration status being maintained by the primary worker. 
• The spouse should be the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers or have been granted H-1B status under the Sections 106 (a) and (b) of the AC21. 

There are several documents for H-4 visa applications that may be required while applying.

USA Student Visa Requirement: 

Student Visa for USA

How to Apply for an H-4 Visa 

You should first file Form I-765, Application for Employment Authorization in order to request authentication as an H-4 dependent spouse. You should get the EAD (Employment Authorization Document) as H-4 visa employment authorization from the USCIS prior to starting work as well. 

Supporting evidence is required from all applicants, including copies of Form I-797 approval notices for Form I-539 and copies of Form I-94, arrival/departure records, and Government-issued identification with photograph (copy of latest EAD/copy of biometric page of passport/national identity document with photograph/birth certificate with photo ID/visa issued by a foreign consulate). 

Relationship with the primary worker has to be proved through documents like marriage and birth certificates along with documents for eligibility (principal worker’s immigration and employment documents) and two two-by-two inch passport-style color photographs. 

H-4 Visa Cost

The H-4 visa cost is approximately $205 in this category. 

H-4 Visa Processing Time

The average processing time may vary across countries. Visas usually have similar processing timelines as the applications of the primary work holders. Separate applications may have different processing times, depending on the Consulate or Embassy where you have submitted your application. 

Employment Authorization for H-4 Visa Holders

The H-4 visa work authorization is based on a regulation implemented by the US Citizenship and Immigration Services (USCIS) in 2015. Under this, certain H-4 dependents can work in the country and apply for authorization accordingly. These are H-4 spouses of H-1B nonimmigrants who are in the process of becoming LPRs (lawful permanent residents) or have H-1B status under the amended American Competitiveness in the 21st Century Act, 2000. Authorized H-4 spouses can work for any U.S. employer although the permit depends on the maintenance of valid immigration status by the primary H-1B worker. 

More Resources on USA Visa:

• USA F1 Visa Requirements
• USA Study Visa Requirements
• J1 Visa
• M1 Visa
• Difference Between L1 and H1 Visa
• F1 Visa Interview Questions
• What to do After F1 Visa Rejection
• F1 Visa Documents Checklist
• SEVIS Fee for F1 Visa
• Post-Study Work Visa in USA
• OFC Appointment for US Visa