The H-4 visa, also referred to as H1B Spouse Visa, is for those who want to accompany their spouse to the United States if the spouse holds an H1B visa. This visa entitles spouses and unmarried children below 21 years to live in the U.S. for the entire period that the H1B visa holder will be available.
Understanding the H-4 Visa (H1B Spouse Visa)
H-4 is an immigration visa for dependents of the H-1B visa holder. Its goal consists of allowing the spouses to live, study, and, in some cases, work in the USA. However, parents and common-law partners are excluded; only legally married spouses are encompassed.
Application Process for the H-4 Visa
1. Complete Form DS-160
You will start by completing the DS-160 online nonimmigrant visa application form. This form gathers basic details about the applicant and the reason of the visit.
2. Pay the Application Fee
The fee for the application of the visa is a non-refundable $185. Make sure that you keep the receipt as a kind of evidence of payment.
3. Schedule a Visa Interview
Make an application for an appointment at the nearest U.S. Embassy or Consulate in your country. Try to plan this interview ahead in detail because waiting times could differ.
4. Gather Required Documentation
Prepare the following documents for your interview:
- Valid Passport: With at least one blank page.
- Photographs: The photos must meet the standards of two recent visa-compliant photos of the United States.
- Marriage Certificate: Either the original or a certified copy to support the marital relationship.
- Form DS-160 Confirmation: Proof of form submission.
- Application Fee Receipt: Proof of payment.
H1B Holder’s Documentation: Photocopies of your spouse’s H1B visa, Form I-797 approval notice, employment verification letter and the latest pay Check.
5. Attend the Visa Interview
When interviewing a candidate, an officer of the consulate will review the application and all relevant documents. They may ask about your relationship status and your spouse’s job status to ensure that you qualify.
Employment Authorization for H-4 Visa Holders
The H-4 visa permits you to live in the United States but does not give you a work permit on arrival. The employment authorization is processed through Form I-765. To get this, you need an Employment Authorization Document (EAD). Eligibility for an EAD requires that your H1B spouse:
- Has an approved Form I-140 (Immigrant Petition for Alien Worker).
- Can maintain the H1B status beyond six years under the provisions of AC21.
- The EAD can take some time to process, and applying for it as early as possible is always recommended.
Studying in the United States
Currently, holders of H-4 visas can attend classes in academic institutions full or part-time without needing other student visas.
Duration of Stay
If needed, the H-4 visa depends on the spouse’s H1B visa and is upgraded to an H1B visa. You can live in the U.S. as long as you maintain your H1B visa status with your employer. If your spouse continues to work and stays on an H1B visa beyond the initial three years, make sure your H-4 status remains valid as well.
Transitioning to Permanent Residency
The H-4 visa holders are allowed to look for green card which is permanent residency in the United States of America. It usually occurs when your H1B spouse’s employer initiates the process through a petition, in which you stand as a secondary beneficiary. Expect some waiting time since the time taken to process an application depends on the type of visa and the number of visas which can be awarded to applicants from different countries within a given time period.
Key Considerations
- Legal Marriage Requirement: H-4 visas are limited exclusively to legally married spouses only.
- Employment Restrictions: H-4 visa holders cannot work for remuneration for any employer of their choice unless they have an EAD.
- Maintain Valid Status: Make sure that you maintain a valid H-4 status as well as your spouse’s H1B status to remain out of unlawful presence status.
- Consult an Immigration Attorney: Due to the extensive details as to immigration laws in the United States, consulting a legal attorney proves to be of benefits in the process.
These are the steps that one should follow to gain an H-4 visa or H1B Spouse Visa and reunite with a spouse in the United States of America.
