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H4 Work Visa

The H4 visa is a dependent visa issued by the U.S. Citizenship and Immigration Services (USCIS) to the immediate family members (spouse and children under 21) of H1B visa holders. This visa allows them to accompany the primary visa holder to the United States. While it doesn’t automatically grant work authorization, there are pathways for eligible H4 visa holders to obtain employment authorization.

Eligibility Criteria

To be eligible for an H4 visa, the applicant must be:

  • The spouse of an H1B visa holder.
  • The child (under 21 years) of an H1B visa holder.

Application Process

  1. Form DS-160: Complete the DS-160 form online, which is the standard application form for U.S. nonimmigrant visas.
  2. Fee Payment: Pay the visa application fee, which is non-refundable.
  3. Schedule an Interview: Book an appointment at the U.S. Embassy or Consulate in your home country.
  4. Prepare Documents: Gather the required documents, including:
    • Valid passport
    • Passport-size photograph
    • Marriage certificate (for spouse)
    • Birth certificate (for children)
    • H1B visa holder’s approval notice (Form I-797)
    • Visa interview appointment confirmation
  5. Attend Interview: Attend the visa interview at the U.S. Embassy or Consulate.

Employment Authorization for H4 Visa Holders

Certain H4 visa holders may be eligible to work in the United States. To obtain work authorization, the H4 visa holder must apply for an Employment Authorization Document (EAD). Eligibility is generally based on the H1B visa holder’s status, particularly if they have started the process to obtain permanent residency (Green Card).

Benefits of the H4 Visa

  • Family Unity: The H4 visa allows families to stay together while the primary visa holder works in the U.S.
  • Study Opportunities: H4 visa holders can study in the U.S. without any restrictions.
  • Work Authorization: Eligible H4 visa holders can apply for work authorization, enabling them to work for any employer in the U.S.

Limitations of the H4 Visa

  • Work Restrictions: Not all H4 visa holders are eligible to work; they must meet specific criteria and obtain an EAD.
  • No Independent Status: The H4 visa status is tied to the H1B visa holder’s status. If the H1B holder loses their status, the H4 visa holder may lose theirs as well.

Conclusion

The H4 visa is a valuable option for the families of H1B visa holders, providing them with the opportunity to live, study, and potentially work in the United States. Understanding the application process and eligibility criteria is crucial for a smooth experience.

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