H4 Visa Eligibility Requirements is a type of visa given to the family members (spouses and children under 21 years old) of H1B visa holders. On the other hand, the H1B visa is for skilled workers who come to the US for jobs that require special knowledge. H1B visa holders often bring their families with them, and their family members get an H4 visa.
However, many people still wonder, “Can H4 Visa Holders Work in the US?”
H-4 visa holders can’t work in the US unless they get work authorization from USCIS. For a long time, H4 visa holders were not allowed to work in the US at all. This was tough for many families because it meant only one person could earn. This changed in 2015 when the US government made a new rule that allowed some H4 visa holders to work. Now, they can apply for this by filing Form I-765 to get an EAD. If approved, EAD allows H-4 visa holders to work for any employer in the US as it’s an “open work permit” and not tied to a specific employer or job, unlike the H-1B visa.
In this article, we’ll discuss the requirement for H4 Visa holders to work in the US and why it is significant.
Purpose of the H4 Visa
The H4 visa is for family members of H1B visa holders. This visa allows spouses and children under 21 to accompany the primary H1B visa holder to the US. The primary purpose of the H4 visa is to keep families together while one member works in a specialized job that requires an H1B visa.
The H4 visa is also called a “dependent visa” because it depends on the H1B visa holder. Without the H1B visa holder, there is no H4 visa. It does not allow its holder to work or earn income unless they meet specific criteria and get special permission. So, the H4 visa holder relies on the H1B visa holder for financial support.
Even though H4 visa holders can’t work, they are part of the family. Here are some ways they contribute:
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Raising Children: H4 visa holders play a big role in raising children. They help with homework, attend school meetings, and make sure the children are well taken care of, especially when the H1B visa holder has a demanding job that requires long hours.
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Emotional Support: Moving to a new country can be tough and stressful. H4 visa holders provide emotional support to their family members, helping them adjust to the new place. They create a sense of stability and comfort in the family, which is good for everyone.
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Community Involvement: Many H4 visa holders volunteer in their community. They may help at schools, participate in local events, or assist in community centers. This helps the community and also gives the H4 visa holders a sense of purpose and belonging.
Application Process for H4 Visa
Applying for an H4 visa involves several steps, including ensuring you meet all requirements and submit the right documents. Here is a step-by-step guide on how to apply for an H4 visa, including the documents and timelines.
Step 1: Check H1B Status
Before applying for H4 visa, make sure the primary H1B visa holder’s visa is valid. The H1B visa holder should have a current and approved Form I-797, Notice of Action, which proves their status and employment in the US.
Step 2: Fill out DS-160
Fill out the online form DS-160, Nonimmigrant Visa Application. This form will ask for your personal information, travel plans, and background details. Once you have completed it, submit it and print the DS-160 confirmation page with the barcode. You will need this confirmation page for your visa interview.
Step 3: Pay the Visa Fee
Pay the nonrefundable visa application fee. The fee amount varies depending on your nationality, so check the US Embassy or Consulate website in your country for the exact amount. Keep the receipt as proof of payment.
Step 4: Schedule an Interview
The next step is to schedule an appointment for a visa interview at the US Embassy or Consulate in your home country. You can do this online through the embassy or consulate’s website. During this process, you will need to provide your DS-160 confirmation number.
Step 5: Collect Documents
Collect all the documents required for your visa interview. The usual documents are:
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A valid passport should be valid for at least six months beyond your intended stay in the US.
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Passport-sized photo as per US visa photo requirements
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DS-160 confirmation page with barcode
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Visa fee payment receipt
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Copy of H1B visa holder’s Form I-797
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Copy of H1B visa holder’s passport and visa
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Marriage certificate (for spouses) or birth certificate (for children) to prove the relationship with H1B visa holder
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Any additional documents required by the US Embassy or Consulate
Step 6: Attend the Interview
Go to the US Embassy or Consulate for your visa interview. A consular officer will ask you about your relationship with the H1B visa holder and your plans in the US. Be prepared to answer clearly and accurately. The officer will also review your documents during the interview.
Step 7: Wait for Processing
After the interview, your application will be processed. The processing time varies based on the US Embassy or Consulate and the volume of applications. It can take a few days to a few weeks. You will be notified when your visa is approved and when you can pick up your passport with the visa stamp.
Timelines | H4 Visa Eligibility Requirements
The entire H4 visa process takes a few weeks to a few months. The following factors affect the timeline:
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Time to fill out and submit DS-160 and collect documents
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Visa interview appointment availability
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Processing time at the US Embassy or Consulate
Need help in your application process? Consult with verified attorneys and get guidance on your entire application process on the Immigration Question platform. Sign up for free!
Employment Authorization for H4 Visa Holders | H4 Visa Eligibility Requirements
H4 visa holders (spouses and children under 21 of H1B visa holders) are not allowed to work in the US. However, under certain circumstances, they can apply for an Employment Authorization Document (EAD) that allows them to work legally. Here are the criteria and process for EAD and recent updates.
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Relationship to H1B Visa Holder: The applicant must be the spouse of an H1B visa holder. Children on H4 visas are not eligible for EAD.
2. Status of H1B Visa Holder:
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The H1B visa holder must be the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
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H1B visa holders must be on H1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21).
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This act allows H1B visa holders seeking lawful permanent residence to work and stay in the US beyond six (6) years.
Application Process for EAD | H4 Visa Eligibility Requirements
Here’s a step-by-step process to apply for EAD:
Step 1: Fill out Form I-765
Fill out Form I-765, Application for Employment Authorization. This form is available on the U.S. Citizenship and Immigration Services (USCIS) website. To avoid delays, make sure to fill out the form accurately and completely.
Step 2: Gather Documents
Collect the following documents to submit with your Form I-765:
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Copy of current H4 visa
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Copy of Form I-94, Arrival/Departure Record
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Copy of H1B visa holder’s Form I-797, Notice of Approval for H1B visa
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Proof of relationship to H1B visa holder (e.g., marriage certificate)
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Two passport-sized photos that meet USCIS requirements
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Proof of H1B visa holder’s approved Form I-140 or AC21 eligibility
Step 3: Pay the Fee
Check the USCIS website for the current fee for Form I-765. You can pay online or by mail. Keep the receipt as proof of payment.
Step 4: Submit
Submit your completed Form I-765 with all documents and fee to the address mentioned on the USCIS website or the form. You can submit online or by mail.
Step 5: Biometrics
If required, you will be scheduled for a biometrics appointment, during which USCIS will take your fingerprints, photograph, and signature. USCIS will notify you of the appointment date and location.
Step 6: USCIS Decision
After you submit your application, USCIS will process it. It takes several months, but you can check the status of your application on the USCIS website using the receipt number.
Legal Support and Resources | H4 Visa Eligibility Requirements
Getting work authorization as an H4 visa holder can be tough. Legal help and resources are key to a smooth and successful application process. Here’s why legal support is important and what resources are available for H4 holders.
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Eligibility Requirements:
Immigration laws are hard to understand. An immigration attorney can help determine if you qualify for an EAD. They can explain the requirements and make sure you have all the paperwork.
2. Accurate and Complete Application:
Filling out forms incorrectly or missing documents can lead to delays or denial. Legal professionals can walk you through the application process and ensure that all forms are filled out correctly and all documents are included.
3. Staying Up to Date with Policy Changes:
Immigration laws change often. An immigration attorney is up to date with the latest changes and can give you current information and advice, especially with all the discussions and legal actions regarding the H4 EAD program.
4. Dealing with Complications:
If there are issues with your application, such as RFEs or denials, an attorney can help you respond and advocate for you. They can help you file appeals or motions to reopen your case.
Resources – H4 Visa Eligibility Requirements
Here are some helpful legal resources to guide you through your visa application process.
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USCIS Website:
The U.S. Citizenship and Immigration Services (USCIS) website has a wealth of information, forms, instructions, and updates on immigration laws. You can find guides on how to apply for EAD, check processing times, and track your application status.
2. Immigration Law Firms:
Many law firms practice immigration law and offer services for H4 holders. These firms can offer consultations, document preparation, and represent you in legal matters. Some firms offer free initial consultations or discounted rates for certain services.
3. Non-Profit Organizations:
Non-profit organizations offer legal help and resources for immigrants, including H4 holders. Organizations like the American Immigration Lawyers Association (AILA) and local immigrant advocacy groups provide support, workshops, and legal clinics to help with your application.
4. Community Support Groups:
Join online and in-person community support groups to get information and support. These groups usually have other H4 holders who have gone through the process and can share their experiences and advice. Social media and forums are good places to find these groups.
5. Immigration Question
Immigration Question is a platform that offers legal information and consultation from attorneys. You can connect with verified immigration attorneys and access legal information on immigration law and more. Sign up here for free.
Frequently Asked Questions (FAQs) on H4 Visa Eligibility Requirements Work in the US
Here are a few frequently asked questions.
Q1: Who is eligible to apply for an Employment Authorization Document (EAD) as an H4 visa holder?
An H4 visa holder can apply for EAD if he/she is the spouse of an H1B visa holder. Also, H1B visa holders must have approved Form I-140 or been granted H1B under the American Competitiveness in the Twenty-First Century Act (AC21). This act allows H1B visa holders to extend their stay beyond six years.
Q2: How do I apply for an EAD as an H4 visa holder?
To apply for EAD as an H4 visa holder, complete Form I-765, Application for Employment Authorization. Make sure all information is accurate and complete. Collect the required documents, including a copy of the H4 visa, Form I-94, and the H1B visa holder’s Form I-797. Pay the fee as mentioned on the USCIS website. Submit the application, documents, and fee to the correct USCIS address. If required, attend a biometrics appointment where USCIS will take your fingerprints, photograph, and signature.
Q3: What documents are required for the EAD application?
When applying for EAD, you will need to provide the following documents. Copy of current H4 visa, Form I-94 Arrival/Departure Record, H1B visa holder’s Form I-797 Notice of Approval. You also need to submit proof of your relationship with the H1B visa holder, such as a marriage certificate and two passport-sized photos, as per USCIS requirements. If applicable, include the H1B visa holder’s approved Form I-140 or AC21 evidence.
Q4: How long does it take to get an EAD approved?
The EAD approval process takes several months. The exact time frame varies based on the volume of applications USCIS is processing and other factors. Typically, it can take a few weeks to several months. You can check the current processing times for EAD on the USCIS website to get an idea of the wait time.
Q5: What can I do after my EAD is approved?
Once EAD is approved, you can work for any employer in the US. EAD is an open work permit, not restricted to any employer or job. You can look for job opportunities that match your skills and interests, gain new experiences, and contribute to your household income and the US economy.
Q6: How long is the EAD valid, and can it be renewed?
The EAD for an H4 visa holder is valid for two (2) years but may vary based on individual circumstances. You can renew your EAD by submitting a new Form I-765 before your current EAD expires. It’s recommended that you apply for renewal at least 180 days before the expiration date so there is no gap in your employment authorization and you can continue to work without interruption.
