H4 Visa (Dependents of H visas)

Once in the United States under an H-4 visa, dependent spouses and children can legally do the following:

• Apply for employment authorization
• Obtain a driver license
• Pursue education in the U.S.
• Receive a social security number
• Open bank accounts

In addition, you can apply for a change of status while in the US under the H4 Visa. For example, you can find an employer to sponsor your O1 Visa application, or enroll at a U.S. university under a Student visa.

In May 2015, certain H4 Visa holders officially became eligible to work in the United States. To be eligible for lawful employment, H4 visa holders must be dependent spouses of an H1B visa holder. In order to work legally in the United States, the spouses must file Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS). Furthermore, their H1B spouse must meet the following qualifications:

• The spouse is the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker)
• The spouse has been granted H-1B nonimmigrant status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (as amended by the 21st Century Department of Justice Appropriations Authorization Act)

The H4 Employment Authorization Document (EAD) allows the recipient to work in any field and any legal job. H4 visa holders do not need an active employment offer in order to acquire an EAD however they must have authorization before seeking a job. Furthermore, those with an H4 EAD are allowed to start their own businesses and employ U.S. workers.

This status can be renewed as long as your family member maintains an H-1B status. If you wish to remain in the U.S. after this, you will need to apply for a different visa.

To get H4 employment authorization, applicants must file Form I-765 and pay a fee of $410. Once again, applicants will be asked to provide evidence of their relationship with the principal H-1B visa holder.

The H4 Visa EAD processing time is usually 90 days but this will depend on the backlogs and workloads of the USCIS service center where the application is sent. Unfortunately, this permit is not eligible for premium processing, so you cannot pay to get a quicker response.

To be eligible for an H4 visa, you must meet the legal definition of “dependent”. This includes:

• Spouses of foreign workers who qualify for an H Visa
• Children of an approved H type visa who are under the age of 21

Children who are financially dependent on an H visa holder but are over the age of 21 cannot apply for this permit. Since there is no cap on the number of H4 Visas issues, you can freely submit your petition as long as you meet the requirements.

As part of your H4 Visa process, you will need to upload several documents. Your evidence must prove your marital or dependency status with the primary H-type visa holder. An adequate supporting portfolio must include at least the following:

• Marriage certificate original copy (if applying as a spouse)
• Birth Certificate (if applying for dependent children)
• Payslips from three months before your application showing that you can sustain yourself financially
• A copy of your passport
• A reference letter from the primary H visa holder’s employer
• A copy of the principal H visa
• A copy of the H visa holder’s passport
• 2 photographs (shot to U.S. visa standards)
• H4 visa application confirmation
• Receipts of paid visa fees

To apply for an H4 visa, you must file the Form DS-160 online. When you pay the application fee, do not forget to save the receipt as you will need it during your interview. The H4 Visa is the same cost as the other H types permits ($190).

After filing your petition, you can schedule your interview appointment. This will take place at the U.S. embassy in the country from which you are submitting your application.

The USCIS will issue an H4 Visa that has the same validity as your H visa. Your authorized length of stay will be printed on your permit, and you are not allowed to overstay.

If you need additional time, you can apply for an H4 Visa extension by filling out and submitting Form I-539 before your visa expires. To be eligible for an H4 visa renewal, you must resubmit evidence of your relationship with the primary H visa beneficiary.