H4 Visas: What They Are and How To Obtain One
There are more than 3 million foreign nationals living and working in the US under H1B visas, but what about their spouses and children? They may be eligible for a dependent H4 visa. We'll explain what an H4 visa is, how they relate to H1B visas, and how to obtain an H4 visa.
What is an H4 Visa?
An H4 Visa, also sometimes called an H4 spouse visa, is issued to dependents, spouses, or unmarried children under age 21 of H1B visa holders that allows them to travel to and reside in the US to be with their spouse or parent.
An H4 visa does not entitle the holder to work legally in the US, but they have the option of obtaining an EAD, which does allow them to work.
EAD is an Employment Authorization Document. The EAD program is much less restrictive than an H1B visa. Those with an approved EAD have some distinct advantages:
There are no caps for EAD recipients, so any H1B visa dependent can apply and be granted an EAD as long as they fulfill the requirements.
EADs do not require a Labor Condition Application petition or sponsorship from US government agencies.
EAD holders can work in any kind of employment; there is no "extraordinary ability" requirement.
An EAD can be renewed as many times as required as long as your spouse or parent has H1B status.
You do not need a job offer before applying for an EAD.
An EAD allows you to start your own business in the US and hire employees.
H1B Visas
H1B visas allow foreign workers in specialized occupations to work temporarily in the US. Some of the specialty fields include:
IT professionals
Professors
Engineers
Healthcare professionals
Accountants
Financial analysts
Management consultants
Attorneys
Initially, an H1B visa is valid for three years, and that can be extended for a maximum of six years.
Obtaining an H4 Visa
Once a spouse or parent has applied for an H1B visa, and the petition has been approved, a dependent can apply on the same petition. This is the process to apply for an H4 visa:
Apply online: Fill out Form DS-160 online. You will get the DS-160 barcode. Print the barcode and bring it to your interview.
Pay the fee: The application fee is currently $190. Keep the paid receipt.
Schedule your visa interview: Schedule an interview with the US Embassy. Once scheduled, you'll get a confirmation letter which you'll need to save.
Compile the necessary documents: This is a list of the forms you'll need for H4 visa approval.
Attend the interview: During the interview, the questioner will ask questions meant to determine if your relationship with the H1B visa holder is legitimate and what your intent is for going to the US. Your application and interview will determine if you're granted the visa. You can check the status of your application on the website of the US embassy where you're applying. If approved, the Embassy will notify you, and you will need to go to the Embassy to have the visa stamped. Obtaining the stamp is the final step you need to complete before traveling to the US.
Processing time varies by country. An H4 visa is valid for the same length of time as the H1B visa holder's visa, three years which can be extended to six years.
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