Understanding the H-4 Visa

If your spouse or parent works in the United States on an H-1B visa or another H-category visa, you might be able to join them! How? With the H-4 visa. This visa is made for families, letting dependents of H-1B (or similar visa holders) come to the U.S. while their family member works. In this guide, we’ll break down everything you need to know about the H-4 visa and how you can apply.

What is the H-4 Visa?

The H-4 visa is a dependent visa. It allows:

• Spouses of H-1B, H-2A, H-2B, H-1C, or H-3 visa holders to live in the U.S.

• Unmarried children under 21 to live in the U.S. with their H-1B parent.

While the primary visa holder works, the H-4 visa allows family members to stay in the country as long as the main visa is valid.

Who Can Apply for the H-4 Visa?

To be eligible for the H-4 visa, you must be:

• The spouse of someone who holds an H-1B, H-1C, H-2A, H-2B, or H-3 visa.

• The unmarried child (under 21) of someone with the same visa categories.

Important Restrictions:

• If you're 21 or older, you are not eligible for the H-4 visa.

• Only the immediate family (spouses and unmarried children) can apply for this visa.

Benefits and Limitations of the H-4 Visa

What You Can Do With an H-4 Visa:

1. Live in the U.S.: The H-4 visa allows you to live in the U.S. as long as the H-1B holder (or other visa types) maintains their status.

2. Study in the U.S.: You can attend school or college, including public schools for children or higher education for spouses.

3. Work with Authorization: In some cases, you can work in the U.S. if you apply for an Employment Authorization Document (EAD). This is only possible for spouses of H-1B visa holders in certain situations, such as when the H-1B holder is seeking a green card.

What You Cannot Do with an H-4 Visa:

1. Work Without Authorization: Unlike H-1B visa holders, H-4 dependents cannot automatically work in the U.S. without applying for special permission (EAD).

2. Independently Stay in the U.S.: Your visa status depends entirely on the H-1B holder. If they lose their job or their visa expires, you must leave too.

How to Apply for the H-4 Visa: Step-by-Step

Applying for the H-4 visa might seem complicated, but if you follow these steps, it becomes manageable!

1. Get the Right Paperwork Ready

• The H-1B visa holder must provide you with important documents, such as:

  • Copies of their approval notices (Form I-797)

  • Their visa stamp and passport information.

  • A copy of the Form I-129, which proves their H-1B status.

2. Fill Out the DS-160 Form

You’ll need to complete the DS-160 form online. This is a general visa application form that asks for your basic details, such as your name, address, and reason for applying.

3. Pay the Visa Fees

There’s an application fee for the H-4 visa, which you’ll pay online when submitting the DS-160. Make sure to keep the payment receipt as you’ll need it later for your interview.

4. Schedule a Visa Interview

After submitting the DS-160 form and paying the fees, you’ll need to schedule a visa interview at the nearest U.S. Embassy or Consulate. This is a key step, where an officer will ask you about your relationship with the H-1B holder and why you want to live in the U.S.

5. Attend Your Interview

At the interview, you’ll need to bring:

• A valid passport (with at least six months beyond your intended stay in the U.S.)

• A photo according to U.S. visa photo requirements.

• Proof of your relationship with the H-1B holder (like marriage or birth certificates).

• The DS-160 confirmation page and the visa payment receipt.

During the interview, the officer will ask questions to verify your application. Answer clearly and honestly.

Applying for Work Authorization (EAD)

If you're the spouse of an H-1B visa holder and you’d like to work in the U.S., you may apply for an Employment Authorization Document (EAD). However, this is only possible under certain conditions, such as:

• The H-1B visa holder is in the process of getting a green card (permanent residency).

• The H-1B holder has an approved I-140 petition (a step toward permanent residency).

Steps to Apply for an EAD:

1. File Form I-765 (Application for Employment Authorization).

2. Submit supporting documents, like your marriage certificate, H-1B holder’s visa approval, and more.

3. Wait for approval and receive your EAD card, which allows you to legally work in the U.S.

Common Questions About the H-4 Visa

Can I study on an H-4 visa?
Yes! You can enroll in school or college while on an H-4 visa, including full-time or part-time programs.

Can H-4 children attend public school?
Yes, children on an H-4 visa can attend public schools in the U.S.

How long is the H-4 visa valid?
Your H-4 visa is valid as long as the primary visa holder’s H-1B is active. If the H-1B visa expires or is revoked, you must leave the U.S. unless you change your visa status.

Can I travel outside the U.S. on an H-4 visa?
Yes, H-4 visa holders can travel internationally. However, you must have a valid H-4 visa stamp in your passport to re-enter the U.S.

Conclusion

The H-4 visa is an excellent option for family members of H-1B visa holders who want to live and study in the U.S. While it doesn’t automatically allow you to work, applying for an Employment Authorization Document (EAD) can open up job opportunities. Just follow the steps carefully, gather the right paperwork, and you’ll be ready to join your loved ones in the United States.

Good luck on your visa journey, and remember: patience and preparation are key!