How To Apply For A U.S. H4 Visa (Dependent Visa) In 2022?

Spouses and children under 21 of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders can get an H-4 visa. They can live in the US with the main applicant, i.e. the H-1B holder. They should apply for visas at the US embassy when the main applicant gets the I-129 acceptance notification. If already in the U.S., dependents can apply for H-4 status by filing Form I-539 with USCIS.

Holders of H-4 visas can't work in the US, but they can study. To extend or change their status, spouses and children need to fill out Form I-539.

What is the H4 Visa?

The H4 visa is for eligible dependents of individuals living and working in the United States under various H visa classifications. It's a non-immigrant visa intended for spouses and dependent children under 21 of H visa holders who wish to join them in the U.S.

H-4 visa holders can also study in the U.S. and, with some restrictions, apply for permission to work.

There are different types of H visas, like:

• H1B visa: For overseas professionals working in speciality occupations or as fashion models.
• H2A visa: For agricultural workers in temporary or seasonal roles.
• H2B visa: For non-agricultural workers in roles with insufficient domestic workers.
• H3 visa: For nonimmigrant trainees or participants in special education exchange programs.

When to Apply for the H-4 Visa?

Once your spouse's immigrant visa petition is approved, you and unmarried children under 21 can apply for an immigrant visa on the same petition. You'll need to complete forms, pay fees, have a medical exam, and attend an interview. This is similar to the visa application process.

Check your visa petition status online with USCIS. Once approved, you can stay in the U.S. as long as your spouse has a valid H-1B visa. You can also apply to change your status or for a Green Card while in the U.S.

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Study and Work Rules for H-4 Dependents

H-4 dependents can study in the U.S. part-time or full-time. They cannot work, except for certain H-4 spouses who may apply for work authorisation from USCIS. This is usually available if the H-1B employee is in an advanced stage of the U.S. permanent residence process.

How to Get USA Dependent Visa (in a Short Time)?- Kansas

New Announcement

The US Senate has introduced the "National Security Agreement" to benefit H4 visa holders. This provides around 100,000 work permits for spouses and dependent children of H1-B visa holders.

This agreement also addresses issues for approximately 250,000 adult children of H-1B visa holders. It's a significant relief for Indian tech workers awaiting Green Cards. It allows their spouses to work and protect their children from deportation. The bill also offers additional benefits like:

• Ageing-out protection for children
• More employment-based Green Cards annually for the next five years.

It aims to fix long-standing issues in the immigration system and provide more opportunities for families to stay together in the US.

Losing of H-4 Status

Children lose H-4 status when they marry or turn 21. Dependents also lose H-4 status if the H-1B employee's status ends or is no longer valid.

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Eligibility Criteria for H4 Visa

To be eligible for an H-4 visa, you must meet the following criteria:

Eligible Family Members:

• Spouses: Legally married to an H-1B, H-1C, H-2A, H-2B, or H-3 visa holder.
• Unmarried Children: Under 21 years old and your parent holds one of the above visas.

Additional Requirements:

• The primary visa holder must be in lawful status, not violating visa terms or overstaying in the U.S.
• The primary visa holder must prove they can financially support their H-4 dependents. This is because H-4 visa holders can't work without authorization from USCIS.
• The H-4 visa applicant must not have a criminal record that would make them inadmissible to the U.S.

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How to Apply for an H-4 Visa?

The process for applying for an H-4 visa generally includes these steps:

1. Determine Eligibility: Confirm that you qualify as the spouse or child of an H-1B visa holder.
2. Collect Required Documents: Gather necessary documents. This includes valid passport, visa application form, marriage and birth certificates, police certificates, and evidence of financial support.
3. Complete the Application: Fill out the online Nonimmigrant Visa Application form (DS-160). Also, pay the application fee.
4. Schedule a Visa Interview: Make an appointment for a visa interview at the U.S. Embassy or consulate.
5. Attend the Visa Interview: Go to the interview with 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 stamped in your passport. If denied, the consular officer will explain the reason.

H-4 Visa Cost/Fee

The government filing fee for an H-4 visa is currently $205 (INR 17,123).

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What is the H-4 Visa Processing Time?

The H-4 processing time is between 5 to 9 months.

Note: Your H-4 visa will likely not be issued until the primary work visa holder’s application is filed and approved.

What Is A Dependent Visa, Types & How To Apply In 2024?

What is an H-4 EAD?

An H-4 EAD (Employment Authorization Document) is a work permit for spouses of H-1B visa holders. It lets eligible H-4 dependents work in the U.S. while the H-1B visa holder is valid.

Who Qualifies for an H-4 EAD?

To get an H-4 EAD, you must:

• Be the spouse of an H-1B visa holder who has an approved Form I-140.
• Have H-4 visa status.
• Not have any other work authorization in the U.S.

What is the H-4 Employment Authorization Document (EAD) Processing Time?

• To work in the U.S., H-4 visa holders can apply for an EAD by filing Form I-765.
• Processing times vary by service center:
  • Average of 4.25 months if filed with Form I-539 for a change of status/extension.
  • Average of 6.25 months for a standalone H-4 EAD.

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Can You Work in the U.S. on an H-4 Visa?

H-4 visa holders cannot work in the U.S. unless they receive employment authorization from USCIS. To get this authorization, they can apply for an Employment Authorization Document (EAD) by filing Form I-765. Once approved, the EAD allows them to work for any employer in the U.S.

This is an "open work permit" not tied to any specific job or employer.

Can You Study in the U.S. on an H-4 Visa?

Yes, H-4 visa holders can study in the U.S.

They are allowed to enrol in academic courses at colleges, universities, and vocational schools, either part-time or full-time.

A Complete Guide on USA Visas in 2024

H-4 visa Approval and Refusal rates

H-4 visa approval and refusal rates for the last five fiscal years:

Fiscal Year	Approval Rate	Refusal Rate
2019	98.15%	1.851%
2020	97.3%	2.702%
2021	95.51%	4.491%
2022	97.5%	2.496%
2023	97.93%	2.065%

Duration of Stay with H-4 Visa

Your stay in the U.S. with an H-4 visa depends on your spouse's or parent's visa validity. When applying, submit their I-797 form, which shows their visa's validity dates. The U.S. Embassy will then grant your H-4 visa for the same duration.

For example, if your spouse's visa is valid for 3 years, your H-4 visa will also be valid for 3 years. This allows you to stay in the U.S. for that period.

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Documents Required for H-4 Visa

• Filled DS-160 Application Form: This is an online form used to apply for a nonimmigrant visa.
• Valid Passport: Must have at least one blank page for visa stamping.
• Two US Visa Photographs: Photos must meet specific requirements outlined by the U.S. Department of State.
• Payment Receipt: Proof of payment of the nonimmigrant US visa application fee, which is currently $185.
• Photocopy of Primary H Visa Holder's Visa: Copy of the primary H visa holder's valid visa.
• Photocopy of Spouse/Parent's Documents:
  • I-129 Form: Petition for a Nonimmigrant Worker.
  • I-797 Form: Approval Notice for the I-129 petition.
  • Labor Certification Application (LCA): If applicable.
• Copy of Spouse/Parent's Passport: Include a clear, identifiable photo page.
• Employment Letter: A letter from your spouse/parent's employer in the U.S. confirming their employment.
• Previous Work Experience Letters: Letters from previous employers, if applicable.
• Recent Pay Stubs and Tax Information: If your spouse/parent is already working in the U.S., provide recent pay stubs and tax filing information.
• Original Birth Certificate: If you are the child of the H visa holder.
• Marriage Certificate: Proof of marriage to the primary H visa holder. If married according to your country’s wedding tradition or at the wedding registrar, provide:
  • Wedding photographs.
  • Wedding invitations.
  • Guest list.
  • Receipts for wedding expenses.
  • Honeymoon booking receipts.
  • If married at the registrar, include a copy of the signed registrar's affidavit and photos of the ceremony.

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Can I Extend my H4 Visa?

If your spouse or parent applies for an extension, you can also extend your H4 visa. To do this, file Form I-539, Application to Extend/Change Nonimmigrant Status.

Along with this form, include these documents:

• Copy of your most recent Form I-94.
• Most recent Form I-94 of your spouse or parent.
• Copies of your spouse's or parent's I-129 and I-797 forms.
• Proof of relationship, like marriage or birth certificate.

Visa Experts

H4 Visa Interview Questions

Category	Sample Questions
About the H4 Visa	Which visa are you applying for?
Why do you need an H4 Visa?
Who made the interview appointment?
How did you obtain the required documents?
About You	What are your plans in the United States?
Do you plan to work in the U.S.?
Do you have family in the U.S.?
Where do you currently live in your native country?
Do you reside with family or friends?
Who will you stay with in the U.S.?
Who will financially support you in the U.S.?
Questions about Your Marriage	Can you show a document proving your marriage?
Can you provide wedding photos?
Do you have your wedding invitation?
How long have you been married?
When did you get married?
Was your marriage love or arranged?
Who arranged the marriage?
When did you first meet your spouse?
Where did you get married?
Do you have a registered marriage certificate?
How much was spent on the wedding and who financed it?
Were you engaged before marriage?
Did you go on a honeymoon after marriage?
About Your Spouse	What is your spouse's date of birth?
Where did your spouse graduate from?
What is your spouse's highest degree?
Where does your spouse work?
What is the location of your spouse's workplace?
What is your spouse's profession?
Is your spouse currently in the U.S.?
How long has your spouse been with the current company?
What is your spouse's annual income?
Can you provide bank statements of your spouse's account?
Has your spouse applied for a green card?

H-4 to Green Card Options

The H-4 visa allows for dual intent, meaning you can pursue a green card without affecting your H-4 status. Here are your options:

1. Spouse Sponsorship:
   1. F2A Green Card: Your H-1B spouse gets their green card first, then sponsors you.
2. Marriage-Based Green Card: If your spouse becomes a U.S. citizen, they can sponsor you. This has the shortest processing time.
3. Employment-Based Green Cards:
   1. EB-1: For outstanding researchers, professors, multinational executives, and managers.
   2. EB-2: For those with advanced degrees or exceptional abilities.
   3. EB-3: For bachelor's degree holders, skilled workers, and other workers.
4. Self-Petition:
5. EB-1A: For individuals with extraordinary abilities.
6. EB-2 with National Interest Waiver: For those whose work benefits the U.S.

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How to Apply for H-4 Employment Authorization?

To request employment authorization as an H-4 dependent spouse, follow these steps:

1. File Form I-765: Submit the latest version of Form I-765, Application for Employment Authorization, to USCIS.
2. Receive EAD: You must get the Employment Authorization Document (EAD/Form I-766) from USCIS before you can start working.

Steps to Prevent Rejection

1. Complete Form I-765: You need to follow the Instructions for Form I-765. Ensure the form is properly filled out and signed, and include the correct filing fees.
2. If Filing with Form I-485: You must specify the eligibility category and pay the Form I-485 filing fee.
3. Submit Supporting Evidence:
   1. You must provide a copy of your current Form I-797 approval notice for Form I-539 or Form I-94 showing H-4 status.
   2. You should submit a copy of your last EAD, biometric page of your passport, birth certificate with photo ID, foreign consulate visa, or national ID with photo.
   3. Include a copy of your marriage certificate.
   4. Provide evidence that the H-1B holder is the principal beneficiary of an approved Form I-140 or has been granted an extension of stay under AC21 sections 106(a) and (b).

Specific Evidence Required

1. H-1B Nonimmigrant’s Status:
   1. Submit copies of their passports, Form I-94, and Form I-797 for Form I-129.
   2. Show evidence of a filed Permanent Labor Certification Application or a pending Form I-140 filed at least 365 days before the AC21 period.
2. Photos for EAD: Provide two identical passport-style colour photos (2x2 inches).

Additional Tips:

• Use secondary evidence like receipt numbers if you lack primary evidence.
• Ensure all forms are correctly completed and signed to avoid delays or denials.

What Happens if My Spouse Loses Their Job While on an H-1B Visa?

If your spouse loses their H-1B status, your H-4 visa status may also be affected. The primary visa holder can try to find a new job and transfer ("port") their H-1B status to a new employer to maintain their H-4 status.

How Does My Family Obtain H-4 Status From Within the U.S.?

To obtain H-4 status within the U.S., the family of the H-1B worker needs to file Form I-539 with USCIS. The primary applicant, usually the spouse, fills out the basic form, while each child submits a separate form.

The family must ensure they are legally in the U.S. and maintaining lawful status. For instance, if they are on F-2 visas, they can file for a change of status to H-4 once the primary applicant's H-1B petition is approved.

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How Can Kansas Help?

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Other FAQs

1. What are the housing options for H-4 visa holders in the US?

H4 visa holders have various housing options in the USA. It includes renting apartments, houses, or condominiums. They can also explore options like shared housing, subletting, or temporary accommodations.

2. What are the financial benefits for H-4 visa holders in the USA?

H4 visa holders do not have direct financial benefits from the US government. However, they can benefit indirectly through access to financial services, such as opening bank accounts and building credit history.

3. What are the educational benefits for H-4 visa holders in the USA?

H4 visa holders can pursue education in the USA, including attending schools, colleges, universities, or vocational training programs. They may also qualify for scholarships, grants, or financial aid. This depends on their circumstances and eligibility criteria.

4. What are the healthcare options for H-4 visa holders in the USA?

H4 visa holders can access healthcare in the USA through various options, like:

• Employer-sponsored health insurance plans
• Private health insurance providers,
• Government programs like Medicaid (depending on eligibility criteria).

5. What are the educational opportunities for H-4 visa holders in the USA?

H4 visa holders can enrol in schools, colleges, or universities. They may pursue degrees, certifications, or vocational training programs. This will enhance their skills and qualifications.

6. Can an H4 visa holder work as a car washer in the USA?

H4 visa holders are generally not permitted to work in the USA. To work they must obtain authorization through an EAD from USCIS. Working as a car washer would require proper authorization.

7. What are the immigration options for H-4 visa holders in the USA?

H4 visa holders may explore immigration options such as:

• Applying for a change of status
• Obtaining employment-based visas
• Pursuing family-sponsored immigration pathways.

8. What are the Travel Restrictions for H4 Visa Holders in the USA?

H4 visa holders can travel within the USA freely. But they may face restrictions when travelling outside the country. They need to ensure their visa status remains valid. Also, they may need appropriate travel documents like a valid passport and visa stamp for re-entry.

9. What is the Processing Time for a USA H4 Visa?

The processing time for a USA H4 visa is 5-9 months

10. What is the Cost of Applying for a USA H4 Visa?

The cost of applying for a USA H4 visa includes the visa application fee, which is currently $205 (INR 17,123). Additionally, applicants may need to bear other expenses such as medical examination fees or biometric fees, if applicable.

11. What are the Spouse and Family Benefits for H4 Visa Holders in the USA?

H4 visa holders may access benefits indirectly through their spouse or parent, who holds the primary visa. These benefits may include access to healthcare, education, and other services available to residents in the USA.

12. What are the Social Security Benefits for H4 Visa Holders in the USA?

H4 visa holders are generally not eligible for social security benefits, as they are non-immigrants. Also, they are not authorized to work in the USA without specific authorization.

13. What are the Allowed Activities in the US with an H4 Visa?

H4 visa holders are generally not allowed to work in the US unless they get proper authorization. But, they can study, drive, volunteer, or engage in other activities that do not involve employment.

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