The Ultimate Guide on H4 Visa

Supposing that a foreigner finally gets a work visa and moves to the United States, it will be sad to separate from the family. H4 visa allows an H visa beneficiary to bring his/her immediate family to the US. In this passage, we will talk about how to apply for an H4 visa, how to work on an H4 visa, and some frequently asked questions.

What Is H4 Visa?

The H4 visa is a dependent visa issued to spouses and unmarried children under 21 of non-immigrant visa holders, including H-1B, H-1C, H-2A, H-2B, and H-3 visas. With this visa, one can live in the United States during the sponsor’s permitted duration of stay. The dependent might be eligible to study and work after obtaining extra permissions. The validity is connected to the principal’s work visa.

What Are the Benefits of an H4 Visa?

H4 visa is beneficial for family reunions. Immediate family members of foreign employees can accompany them to enter the US at the same time or join them later. The visa holders can enjoy more benefits than a tourist visa or visitor visa, including:

• Open bank accounts.
• Take full-time or part-time education.
• Obtain a driver’s license.
• Have access to healthcare insurance.
• Apply for Individual Taxpayer Identification Number (ITIN) in some cases.
• Find a job or start a business in the US with an Employment Authorization Document (EAD).

Who Are Qualified for H4 Visa?

The H4 visa is tied to a primary work visa. To be eligible for the visa, the applicant must:

• be a lawful spouse of H-1B, H-1C, H-2A, H-2B, and H-3 visa holders; or
• be an unmarried child under 21 of H-1B, H-1C, H-2A, H-2B, and H-3 visa holders.
• not have any criminal records.

Moreover, the primary work visa holders must legally stay in the US and prove their financial capabilities to support the dependents. Anyone overstaying or violating the local laws will not be allowed to sponsor someone else to apply for an H4 dependent visa.

Documents Required for H4 Visa

Applicants must present documents to prove their identity and relationship with the primary US foreign employees. Here is a full list of H4 visa requirements.

• A duly accomplished DS-160 application form.
• A passport valid for at least 6 months and one blank sheet.
• Two identical 2 x 2 inches US visa photos.

• Payment receipt for the application fees.
• Photocopy of the primary work visa.
• Photocopy of the primary work visa holder’s “Form I-129, Petition for a Nonimmigrant Worker” and “Form I-797, Notice of Action”.
• Photocopy of the primary work visa holder’s Labor Certification Application (LCA).
• Photocopy of the primary work visa holder’s passport.
• Letter of employment for the primary work visa holder from a US employer.
• Copies of letters from the primary work visa holder’s previous employers stating the previous work experience (if any).
• Recent tax receipts or pay stubs (if the primary work visa holder has started working in the US).
• Original and photocopy of the birth certificate of the applicant (if applying as a child dependent).
• Original and photocopy of marriage certificate (if applying as a spouse dependent) along with other proofs of true marriage, such as wedding photos, wedding DVDs, copies of wedding invitations, wedding guest lists, payment receipts of wedding expenses, reservation receipts of honeymoon or post-marriage trips, copy of signed wedding registrar affidavit, photos showing that the couple is signing the marriage certificate, or photos of witness at the wedding registrar or registration ceremony.
• Notarized English translation of non-English marriage certificate (if any).
• Confirmation of visa interview appointment.
• Additional documents are required for H4 visa (if any).

How to Apply for H4 Visa

The application process differs according to where you are.

Apply for H4 Visa Outside the US

The H4 visa serves as an entry permit to enter the US and can be applied at the local US embassy or consulate through the steps below.

• Step 1: Fill out the visa application form DS-160 online.

The DS-160 Form is available on the US Department of State portal. You have to provide information about yourself, travel plans, travel companions, travel history, contacts, passport, family, work/education/training, and background. After completing the form, you will receive a barcode confirmation page. Please print it out and bring it to the consular office along with the required documents.

• Step 2: Pay the application fees.

There is a designated application fee and extra service fees. Acceptable payment methods include online, bank transfer, cheque, money order, or cash depending on where you apply from. Please check it with the US embassy/consulate in your country of residence. Save the receipt when your payment is confirmed.

• Step 3: Schedule a visa interview appointment.

After filing the application form and preparing for the H4 visa requirements, you should book an appointment with the nearest U.S. Embassy or Consulate and submit applications in person. Please note that the application fees must be paid before making an appointment. A confirmation letter will be sent after successfully booking.

• Step 4: Attend the visa interview.

Bring Form DS-160 barcode confirmation page, appointment confirmation, as well as other documents required for H4 visa to the selected consular office as scheduled. You will have an interview and submit biometrics there. Minor applicants should present with the company of a parent or a legal guardian.

• Step 5: Get your visa.

After receiving your application, an application number will be provided which can be used to track the case status. Once your application is approved, the authority will inform you to collect the passport with the visa stamp. Now, you can prepare for your trip to the US.

Apply for H4 Visa in the US

Supposing that you are qualified for the H4 dependent visa and you are currently in the US on another visa type, you are supposed to file an extension/change of status with the US Citizenship and Immigration Services (USCIS). Most nonimmigrant visa holders can use Form I-539 to change to H4 status except the following individuals.

• Transit visa (C) holders or transit passengers without a visa; 
• Crewman (D) visa holders;
• Fiancé(e) or dependent of a fiancé(e) (K-1 or K-2) visa holders;
• Spouses or children of US citizens (K-3/K-4 visa holders). 
• Certain employment-based visa holders.

You must extend your stay or change status before your current visa expires, otherwise, you have to leave the country and apply for the H4 visa from outside the US. It is suggested to apply file at least 45 days before expiration or as soon as your spouse/parent’s H visa is approved. To obtain H4 status in the US, please do as follows.

• Create a USCIS account and fill out Form I-539 online; or
• Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) and ask them to mail a form to you.
• Print out the form and sign with a black pen. The parent or legal guardian should sign for minor applicants under 14 or mentally incompetent applicants.
• Prepare the supporting documents, including:
  • a photocopy of the front and back of Form I-94, Arrival/Departure Record which is usually issued at the port of entry;
  • Proof of relationship with the H visa holder, such as a birth certificate or marriage certificate;
  • Photocopy of at least one of the following documents of the primary work visa holder: Form I-129, Petition for a Nonimmigrant Worker; Form I-797, Receipt Notice related to pending Form I-129 petition; Form I-94; Form I-797, Approval Notice related to pending Form I-129 petition.

• Pay the filing fees through a money order, personal check, cashier’s check, credit card, or debit card. When paying with a bank card, attach a completed Form G-1450, Authorization for Credit Card Transactions to your application. When paying with a check, it must be payable to the U.S. Department of Homeland Security.
• Send the completed form along with proof of payment and supporting documents to the USCIS. The mailing address is subject to the beginning of the receipt number of your principal spouse/parent’s most recent Form I-797, Notice of Approval related to a pending Form I-129 petition.

• Attend the appointment to submit biometrics and have an interview as informed by the USCIS.

H4 Visa Processing Time

The waiting time ranges from 5 to 9 months depending on where you apply from and the status of the principal H visa. If it is applied along with the primary H visa, it is usually issued at the same time as the work visa. If it is applied independently, the processing time is subject to the number of cases at the consular office and when the interview appointment is booked. The processing time might extend in peak seasons. It is advised to file the application as soon as possible.

H4 Visa Application Fee

It costs $205 for each application. There might be extra service fees, such as attorney consultation, expedited processing, etc. The payment method is determined by the US embassy and consulate in different countries. Please note that the application fees are non-refundable whether your application is approved or denied.

Can H4 Visa Holder Work in the US?

H4 dependent visa holders are allowed to work in the US as long as they obtain an H4 visa work permit, known as an Employment Authorization Document (EAD), from the Department of Homeland Security (DHS). The EAD is available to the dependent spouse if the principal H visa holders meet one of the following requirements.

• Have an approved Form I-140, Immigrant Petition for Alien Workers.
• Have obtained H-1B status under the 21^st Century Department of Justice Appropriations Authorization Act (AC21) which allows expats to apply for green cards based on employment and work/live in the US beyond the 6-year limit.

How to Apply EAD for H4 Visa

To apply for an EAD, applicants must file Form I-765, Application for Employment Authorization, pay the application fees, and submit a set of required documents. Here are detailed instructions.

• Fill out Form I-765.

It is available on the USCIS portal. You can download and fill it out with a black pen or complete it online and print it out. If you have any questions on the form, please contact USCIS or review the Instructions for Form I-765.

• Prepare the required documents.
  • Proof of H4 status, such as A copy of your current Form I-797 approval notice for Form I-539; or a copy of Form I-94 indicating that you enter with an H4 visa or are allowed to continue staying on the dependent visa.
  • A valid government-issued photo ID, such as a copy of the last H4 visa EAD, copy of the bio-data page of the passport, national ID card, etc.
  • A copy of the marriage certificate showing your relationship with the primary work visa holder.
  • Proof of your eligibility, such as approved Form I-140 of your spouse, or a copy of your spouse’s passport & all Forms I-94.

• Pay the filing fees through a money order/personal check/cashier’s check (payable to the U.S. Department of Homeland Security) or credit/debit card (a completed Form G-1450, Authorization for Credit Card Transactions).
• Send the completed form along with proof of payment and supporting documents to the USCIS. The mailing address is subject to the beginning of the receipt number of your principal spouse/parent’s most recent Form I-797, Notice of Approval related to the pending Form I-129 petition.

Can an H4 Visa Holder Work in the USA without EAD?

No. Working without an H4 visa EAD or with an expired EAD means working without authorization, which might damage your status and rights. Once caught, you might be fined, rejected to apply for any immigration benefits, deprived of immigration status, or even deported. If you are yet to qualify for EAD and do want to earn a living, please turn to a professional immigration consultant to find out if there are any exempted cases or any relief.

H4 Visa to H1B Visa Status Change

Although dependent visa holders can live in the US as dependents, they usually enjoy fewer benefits and have more restrictions than H1B workers. The good news is that it is possible to convert an H4 visa to an H1B visa if you:

• have ever applied for H1B and was selected, but constrained by the H1B cap. Now the cap is removed.
• have a job offer from employers that are exempted from the H1B cap, such as non-profit higher education institutions or related entities, non-profit organizations, etc.
• have a job offer from an employer that has filed an H1B petition and won the H1B visa lottery.

To convert from an H4 visa to an H1B visa, you are supposed to find a job first. Once employed, your employer will file the H1B petition on your behalf. The process is similar to applying for an H1B visa from outside the US. Here is a general procedure.

• The employer obtains a certified Labor Condition Application (LCA).
• The employer asks you for supporting documents and files I-129, Petition for a Nonimmigrant Worker.
• The employee files Form I-539 to change nonimmigrant status from H4 to H1B with USCIS.

FAQ

📌Which visa is better, H4 visa or H1B visa?

It depends on your real situation. Generally, H4 is cheaper and easier to obtain, but its validity and benefits are tied to your spouse/parents. H1B is an independent visa, but it has stricter visa qualifications and is less flexible to change jobs.

📌Can I have both H-4 and H1B?

Yes, but you can only use one at the same time.

📌Can H-4 travel to the USA without H1 visa holder?

Yes. H4 visa holders can travel alone without their spouse/parent’s company as long as they meet the entry requirements.

📌What are the disadvantages of H-4?

It has strict requirements and a lengthy application process. The chances of obtaining it depend on the lottery results and cannot be applied at any time.

📌Is H-4 eligible for a green card?

Yes. It might lead to permanent residence based on marriage, employment, or investment.

📌How long can you stay on an H4 visa?

The duration of stay depends on the primary work visa’s validity.

📌What are h4 visa interview questions?

It is usually concerning the applicant’s reasons for application, marriage status, and understanding of his/her spouse/parents. Here are some examples.

• Why are you applying for an H4 visa?
• What are you going to do in the United States?
• Why do/don’t you apply along with your husband/wife?
• Who will financially fund your expenses while staying in the United States?
• How long have you been married?
• Is there any proof showing that you are legally married to the primary work visa holder?
• Did you go on a honeymoon? Where did you go?
• What is the date of your marriage?
• When is your spouse/father/mother’s birthday?
• Where does your spouse/parent work in the United States?
• How much does your spouse/parent earn in the United States?
• What does your spouse/parent do in the United States?

📌How to apply for an H4 visa for my wife?

A: You can file the application online for her, but she must attend the consular office in person to submit fingerprints and signatures.

Summary

H4 visa makes it possible to keep a family together while a person works in the US. The dependent visa is closely tied to the primary work visa. If you are eligible for the visa, we hope this passage will help you apply for it successfully and learn better about work and life in the US. It is suggested to apply at the same time as your spouse/parent’s work visa application or as soon as you decide to join him/her.