The H4 visa is a non-immigrant visa granted to dependents of H-1B visa holders, enabling them to reside in the United States (US). On the other hand, the H1B visa is for skilled workers who come to the U.S. for jobs that require special knowledge. H1B visa holders often bring their families, and their family members get an H4 visa. The H4 visa allows these dependents to reside in the United States for the duration of the H-1B visa holder’s stay. However, the rules around employment for an H-4 visa holder can be confusing.
If you are wondering whether H4 visa holders can work in US, this guide will explain everything, including eligibility, application processes, and work authorization.
What is the H4 Visa?
The United States Citizenship and Immigration Service USCIS issues the H4 visa to immediate family members of specific visa holders, such as H-1B, H-1C, H-2A, H-2B, and H-3 visa holders. Children under 21 years old) of H1B visa holders. The dependents who can apply include:
- Spouses of the primary visa holder
- Unmarried children under 21
H4 visa holders are allowed to live, study, and, in some cases, work. However, there are restrictions, and only some H4 visa holders can work in US.
Source: USCIS.gov / Visagrader
According to the USCIS, the H-4 visa approval rate is as high as 97%. Rejection rates are mainly for those without solid documentation.
Brief History of the H4 Visa
For a long time, H4 visa holders were not allowed to work in the US at all. The restriction was challenging for many families because it meant only one person could earn. Today, can h4 visa holder work in USA? The answer is yes. The restriction was lifted in 2015 when the US government made a new rule that allowed some H4 visa holders to work. 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 is an open work permit and not tied to a specific employer or job, unlike the H-1B visa.
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:
- Raising Children: H4 visa holders play a significant role in raising children. They help with homework, attend school meetings, and ensure the children are well cared for, especially when the H1B visa holder has a demanding job requiring long hours.
- Emotional Support: Moving to a new country can be demanding 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 suitable for everyone.
- Community Involvement: Many H4 visa holders volunteer in their community. They may help at schools, participate in local events, or assist in community centers. Their involvement helps the community and gives the H4 visa holders a sense of purpose and belonging.
H4 Visa Eligibility
Individuals eligible for the H4 visa include:
- Spouses of H-1B, H-1B, H-1C, H-2A, H-2B, and H-3 visa holders: You qualify if you are legally married to the primary visa holder.
- Unmarried children under 21: If your parent holds one of the mentioned visas, you may also qualify for the H4 visa.
Other conditions for H-4 dependents include:
- Valid primary work visa status: The primary work visa holder must remain lawful, ensuring compliance with U.S. immigration laws.
- Financial support: The H-1B visa holder must demonstrate sufficient financial support for their H-4 dependents, as H4 visa holders cannot work unless authorized.
- No criminal record: Applicants must not have a criminal record to be eligible.
Application Process for H4 Visa
Applying for an H4 visa involves several steps, including ensuring you meet all requirements and submit the proper 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 holder’s passport is valid. The H1B visa holder should have a current and approved Form I-797, Notice of Action, proving their status and US employment.
Step 2: Fill out DS-160
Fill out the online form DS-160, Nonimmigrant Visa Application. This form will require 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 your country’s US Embassy or Consulate website 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:
- A valid passport should be valid for at least six months beyond your intended stay in the US.
- Passport-sized photo as per US visa photo requirements
- DS-160 confirmation page with barcode
- Visa fee payment receipt
- Copy of H1B visa holder’s Form I-797
- Copy of H1B visa holder’s passport and visa
- Marriage certificate (for spouses) or birth certificate (for children) to prove the relationship with H1B visa holder
- 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, the immigration application will process your application. 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.
Source: USCIS.gov / Visagrader
According to the USCIS, the H-4 visa refusal rate reduced by 80% from 2013 to 2023.
Timelines
The entire H4 visa process takes a few weeks to a few months. The following factors affect the timeline:
- Time to fill out and submit DS-160 and collect documents
- Visa interview appointment availability
- Processing time at the US Embassy or Consulate
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Employment Authorization for H4 Visa Holders
H4 visa holders are not allowed to work in the US. However, under certain circumstances, they can apply for an Employment Authorization Document (EAD) to enable them to work legally.
Here are the criteria and process for EAD and recent updates.
- 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.
- Status of H1B Visa Holder:
- The H1B visa holder must be the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
- 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).
- This act allows H1B visa holders seeking lawful permanent residence to work and stay in the US beyond six (6) years.
Can H4 Visa Holder Work in USA?
A large portion of H4 visa holders are highly educated. Many hold advanced degrees, including master’s and PhDs, making them highly qualified for skilled employment once they obtain an EAD.
Source: Brannon, Ike & McGee, Kevin
While many H4 visa holders come to the United States to support their H-1B spouse, not all H4 visa holders can work in the US. However, spouses of H-1B visa holders who meet the eligibility requirements can apply for an Employment Authorization Document (EAD), allowing them to work.
Once you have an EAD, you can work in any sector, including:
- Technology and IT: Many H4 visa holders with technical backgrounds find jobs in software development, data analysis, and engineering.
- Healthcare: Positions in nursing, pharmaceuticals, and medical research are common.
- Education: Teaching and research roles are open to qualified H4 visa holders.
- Finance: Accounting, financial analysis, and banking are also areas where H4 visa holders thrive.
To apply for the EAD, an H-4 spouse must submit Form I-765 to U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation. Once approved, the H4 visa holders can work in the United States.
H4 holders without EAD are not eligible to get Social Security Numbers and cannot be employed, but they can hold a driver’s license and open bank accounts. Suppose an H-4 noncitizen is not eligible for employment authorization in the United States. In that case, they may have tax liability in the United States, and to file a U.S. tax return, they must obtain an ITIN.
Application Process for EAD
You might be wondering: Can H4 visa holder work in USA? Here’s a step-by-step process to apply for the work permit (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, fill out the form accurately and completely.
Step 2: Gather Documents
Collect the following documents to submit with your Form I-765:
- Copy of current H4 visa
- Copy of Form I-94, Arrival/Departure Record
- Copy of H1B visa holder’s Form I-797, Notice of Approval for H1B visa
- Proof of relationship to H1B visa holder (e.g., marriage certificate)
- Two passport-sized photos that meet USCIS requirements
- 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 fees to the address mentioned on the USCIS website or the form. You can submit it 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
Getting work authorization as an H4 visa holder can be challenging. Legal help and resources are critical to a smooth and successful application process.
Here’s why legal support is essential and what resources are available for H4 holders:
1. 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 all forms are filled out correctly and you include all documents.
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.
1. 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 provide 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. Sign up here for free.
Benefits of EAD for H4 Visa Holders
Approved EAD holders enjoy significant benefits, including:
- No restrictions on employment: EAD holders can work in any job, regardless of their field or sector, as long as the work is legal in the U.S.
- No job offer required: You do not need a job before applying for the EAD.
- Start your own business: With an EAD, you can establish a business and hire employees.
- Unlimited EAD renewals: You can renew your EAD if your spouse maintains their H-1B status and seeks permanent residency.
- Freedom from sponsorship: Unlike many work visas, you don not need an employer to file a Labor Condition Application (LCA) or a petition on your behalf.
Source: ZipRecruiter
ZipRecruiter reports numerous job opportunities for H4 visa holders with EAD authorization across various sectors. These include full-time and part-time roles, with in-person and remote work options.
EAD Renewal Process
If your EAD is nearing expiration, follow these steps to renew:
- Submit Form I-765 for renewal.
- Provide necessary documents, such as your previous EAD or passport.
- Ensure your spouse’s H-1B visa status is valid.
Remember to apply for renewal 180 days before your current EAD expires to avoid gaps in work authorization. Also, you cannot work during the renewal process if your current EAD expires before you receive a new one.
Limitations of the EAD Program
Though the EAD program offers flexibility, some restrictions exist, unlike permanent residents, also known as green card holders. The restrictions are:
- Employment cannot continue if the EAD expires.
- You must apply for an extension at least 180 days before expiration.
- The renewal process can take up to 90 days, and premium processing is unavailable.
Frequently Asked Questions (FAQs) on H4 Visa Eligibility Requirements Work in the US
Here are a few frequently asked questions:
Q1: Who can apply for an Employment Authorization Document (EAD) as an H4 visa holder?
An H4 visa holder can apply for EAD if they are 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 payment 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 must also 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. You should apply for renewal at least 180 days before the expiration date. Hence, there is no gap in your employment authorization, and you can continue working without interruption.
Q7: Must I have a job before applying for an EAD?
No. You do not need a job offer to apply for the EAD. Having one before applying is fine, but it will not affect your application if you do not. You can begin your job search after completing the EAD application process and receiving authorization.
Q8: What kind of jobs can I work with an EAD?
You are not limited to the kind of job that you can have. You can work in any sector of the economy, from technology to finance, healthcare, education, or even start your own business. As long as the job is legal in the US and you file taxes. In addition, you can work full or part-time jobs without any penalties.
Q9: Can I choose not to work even if I have an EAD?
Yes, if you want to get your EAD but do not want to start working, that will not jeopardize your H-4 EAD status. You could have an EAD and choose not to work at all. The vital factor is that at any point you want to get a job, you can start working immediately without any problems.
Q10: Can I get an automatic EAD extension?
Yes, provided you meet the criteria specified by the U.S. government: you must have correctly completed the renewal Form I-765 before your current EAD expires, your renewal application must belong to a category eligible for automatic extension, and your EAD category must match the ‘Class Requested’ on your Form I-797C Notice of Action.
Conclusion
While obtaining work authorization under the H4 visa can be lengthy and complicated, the opportunity to work in the U.S. brings significant benefits. From the freedom to work without sponsorship to the ability to start a business, H4 visa holders can enjoy vast opportunities once they secure an EAD.
For those eligible, it is essential to plan the EAD application process well in advance and consult an immigration attorney if necessary. With proper planning, H4 visa holders can successfully navigate the U.S. immigration system and find rewarding work opportunities.
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