H-4 Visa Holders and Employment in the United States

The H-4 visa is a dependent visa issued to the spouses and children of certain nonimmigrant workers, such as H-1B visa holders, by U.S. Citizenship and Immigration Services (USCIS). This visa category is designed to allow family members of individuals on work visas to join them in the U.S. and reside for the duration of the primary visa holder’s authorized stay. However, one common question is whether H4 visa holders can work in the U.S.


Source: USCIS.gov

 

The answer to this question depends on several factors. In this blog, we take a look at those factors.

 

Who Can Obtain an H-4 Visa?

The H-4 visa is open to specific categories of individuals, specifically:

1.    Spouses of H-1B, H-1C, H-2A, H-2B, and H-3 visa holders: Legally married spouses of these work visa holders can apply for an H-4 visa.

2.    Unmarried children: Children of H-1B, H-1C, H-2A, H-2B, and H-3 visa holders who are unmarried and under 21 can also apply.

However, to be eligible for an H-4 visa, the primary visa holder must maintain lawful visa status and demonstrate financial ability to support the H-4 dependents. Additionally, the applicant must have a clean criminal record to avoid issues during visa processing.

 

The H-4 Visa Application Process

The process of obtaining an H-4 visa involves the following steps:

1.    Eligibility Check: Confirm that you meet the eligibility criteria as the dependent spouse or child of the primary visa holder.

2.    Document Collection: Gather all required documents, including a valid passport, nonimmigrant visa application form (DS-160), financial support documents, and marriage or birth certificates.

3.    Form Submission: Complete and submit Form DS-160, pay the visa fee, and file the necessary documentation with the U.S. Embassy or Consulate.

4.    Visa Interview: Schedule and attend a visa interview, during which a consular officer will determine your eligibility for the visa.

5.    Visa Decision: The visa will be stamped into your passport if approved. If denied, the consulate will provide reasons for rejection.

 

How H4 Visa Holders Can Work in the U.S - Employment Authorization Document

While H-4 visa holders have the right to live in the U.S., they are not automatically authorized to seek employment. Here is how H4 visa holders can workin the United States:

 

In 2015, the U.S. government permitted certain H-4 visa holders, specifically spouses of H-1B workers, to apply for Employment Authorization Documents (EAD) under specific conditions.

 

EAD for H-4 Visa Holders

H4 visa holders can work by applying for authorization through the EAD program if their spouse (the primary visa holder):

1.    Is the beneficiary of an approved Form I-140 (Immigrant Petition for Alien Workers) or

2.    Has been granted H-1B status under AC21 (American Competitiveness in the 21st Century Act) provisions, which allow them to work beyond the six-year limit of the H-1B visa due to pending green card applications.

Once the H-4 visa holder receives the EAD, they can work for any employer in the U.S. without restrictions. The EAD provides an open work permit, meaning it is not limited to a specific job or employer. If you need professional assistance in securing an EAD, it is essential to hire an experienced immigration attorney.

 

How to Apply for EAD as an H-4 Visa Holder

H-4 visa holders must file Form I-765 - Application for Employment Authorization, with USCIS to apply for employment authorization. The EAD is the only approved means through which H4 visa holders can work in the U.S. Here is a step-by-step guide to applying for an EAD:

1.    Complete Form I-765: You must fill out the application accurately using the latest version. Ensure you pay all filing fees and sign the form correctly.

2.    Submit Supporting Documents: Provide sufficient evidence to support your application, including proof of H-4 status, a government-issued photo ID, evidence of your relationship to the H-1B visa holder, and passport photos.

3.    USCIS Decision: After reviewing the application and evidence, USCIS will issue an approval or request additional information if needed. Once approved, you will receive your EAD card, allowing you to work legally in the U.S.



Source: USCIS.gov

 

Automatic Extension of EAD

In some cases, EAD holders may be eligible for automatic work authorization extensions while their renewal application is pending. As of April 2024, USCIS announced a temporary final rule increasing the automatic extension period from 180 to 540 days. This rule applies to EAD renewal applicants who file Form I-765 on time.

 

Conclusion

The H-4 visa allows dependents of certain work visa holders to live in the U.S. and, under specific conditions, obtain work authorization. By filing for an Employment Authorization Document, H4 visa holders can workand expand their opportunities in the U.S. job market, contributing to their households and the U.S. economy.

 

About Immigration Question

ImmigrationQuestion.com  is a revolutionary platform that connects immigration attorneys to people who have immigration-related enquiries. We provide guidance on U.S. visas, citizenship, and green cards, keep you informed with the latest immigration news, and foster a knowledgeable community for support and insights.

 

Frequently Asked Questions About How H4 Visa Holders Can Work in the U.S.

1. Can all H-4 visa holders work in the U.S.?

No, not all H-4 visa holders are authorized to work. Only H-4 visa holders who have received an EAD can work in the U.S.

 

2. How long does it take to get an EAD for H-4 visa holders?

Processing times vary but generally range from 3 to 6 months. Delays may occur if USCIS requests additional evidence.

 

3. Can H-4 visa holders study in the U.S.?

Yes, H-4 visa holders can pursue education in the U.S. without any additional permits or approvals.

 

4. How long is the EAD valid for H-4 visa holders?

The EAD is typically valid for two years and can be renewed if the H-1B visa holder maintains their status.

 

5. What happens if my EAD application is denied?

If USCIS denies your EAD application, you will receive a notice explaining the reason for the denial. You may file a motion to reopen, reconsider the decision, or reapply with stronger supporting documentation.

 

Blog Source: https://immigrationquestionanswers.wordpress.com/2024/11/04/h-4-visa-holders-and-employment-in-the-united-states/


Location: United States

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