Are H4 visa holders allowed to work in the USA? The increasing globalization and mobility of the workforce have made the question of whether H4 visa holders can work in the U.S. a hot topic.
And it’s not hard to see why. If you are visiting your spouse in the USA on an H4 visa, it would make sense that you work to get extra cash.
It is important to ease financial constraints, especially if your partner is not doing well. But for a long time, H4 visa holders have faced restrictions when it came to working in the USA. Is it the same today? Let’s find out.
Can H4 Visa Holders Work in USA?
No, if you are a H-4 visa holder, you cannot work in the U.S. without employment authorization from USCIS. However, you can apply for an Employment Authorization Document (EAD) through Form I-765.
Only if approved will the H4 visa holders be able to work for any U.S. employer. EAD is an “open work permit,” not tied to a specific employer or position. Unlike H-1B, H4 work authorization is independent of a particular job or employer.
What Is H-4 Visa?
It is a visa category issued by the USCIS to family members of some nonimmigrant workers. Eligible dependents include unmarried children less than 21 years and spouses of H-1B, H-2A, H-1C, H-3, and H-2B visa holders.
It permits them to go along with and reside with the primary work visa bearer in the U.S. Dependents are permitted to stay in the U.S. for the same duration as the primary work visa holder’s authorized stay.
However, unlike the H1B visa, the H4 visa does not grant employment authorization. This means that individuals on an H4 visa are not allowed to work in the US unless they obtain a separate work visa or employment authorization.
Who Is Eligible to Apply for H-4 Visa?
Not everyone applying for this visa category knows what is required of them and their dependents in the States.
Understanding the eligibility criteria is crucial to ensure a smooth and successful application process. The following are the eligibility requirements for an H-4 visa:
- Spouses of H-1B, H-3, H-1C, H-2B, and H-2A visa holders.
- Unmarried children under 21 of the above visa bearers.
- The principal work visa bearer must maintain a valid status and be able to financially support the H4 dependent.
- H-4 visa applicants must have no criminal record affecting their admissibility to the U.S.
How Do You Apply for H4 Visa?
If you want to apply for the H4 Visa, follow the below steps.
Step 1: Complete Form DS-160 Online:
– Fill out Form DS-160 online to initiate your H4 visa application.
– Obtain the DS-160 barcode confirmation page and print it for your interview.
Step 2: Pay Visa Fees:
– Pay the applicable H4 visa fees, which are currently $205.
– Save the receipt for later use during your application process.
Step 3: Schedule Visa Interview:
– After completing the DS-160 form, schedule an interview appointment at the U.S. Embassy where you’re applying for the H4 visa.
– You’ll get a confirmation letter for your scheduled interview.
Step 4: Compile Required Documents:
– Gather the necessary documents for your H4 visa application, including:
– Filled DS-160 form.
– Receipt of visa application fee payment.
– Photocopies of primary H visa holder’s visa and relevant forms (I-129, I-797, LCA).
-Valid passport with at least one blank page.
– Two U.S. visa photographs.
– Original birth certificate (if child of H visa holder).
– Marriage certificate with supporting evidence if applicable
– Spouse’s/parent’s passport copy with photo.
– Letter of employment and previous work experience.
– Financial documents if spouse/parent is working in the U.S.
Step 5: Attend Visa Interview:
– Attend the scheduled visa interview where the genuineness of your relationship with the H visa holder will be assessed.
– Be prepared to discuss your intentions in the U.S. and your relationship with the H visa holder.
Step 6: Check Your Visa Status:
– Use your application number to monitor your visa status on the U.S. Embassy’s website.
– Await notification once your H4 visa is processed.
Step 7: Obtain Visa Stamping:
– If granted the H4 visa, proceed with visa stamping procedures, which will be the final step before your trip to the U.S.
But remember, possession of an H4 visa doesn’t guarantee entry into the U.S. Entry decisions are made by port of entry officers and the Department of Homeland Security.
What Is the Processing Time of an H4 Visa?
The handling time for H-4 visas can vary. It usually matches the primary work visa holder’s processing time.
For example, if your mate is applying for an H-1B visa and you’re applying for an H-4 visa together, they may take a similar amount of time.
If you apply for an H4 visa independently, the processing time depends on how busy the consulate or U.S. Embassy staff are.
Also, before you get your H-4 visa, the principal work visa holder’s application must be approved first.
How Do You Apply for Employment Authorization?
Here are some steps to apply for employment authorization as an H-4 dependent spouse:
Step 1: Fill out Form I-765, Application for Employment Authorization, carefully.
Step 2: – Make sure to use the latest version of Form I-765 to avoid delays.
– Follow the instructions provided with Form I-765.
Step 3: Include the proper filing fees and your signature with your application.
Step 4: – When submitting Form I-765 with Form I-485, designate your eligibility category as (c)(9) and remit the Form I-485 filing fee.
– Don’t include the Form I-765 fee if you’re filing it with Form I-485.
Step 5: – Submit supporting evidence as required to minimize the chance of needing more evidence.
– Supporting documents may include proof of H4 status, proof of relationship to H-1B nonimmigrant, & Government-issued identification document with photo.
Step 6: Wait for USCIS to issue your Employment Authorization Document (EAD/Form I-766) before starting to work.
At What Point Can You Start the Application Process for the H-4 Visa?
Once your spouse’s immigrant visa petition is approved, you and any children under 21 can jointly apply for an immigrant visa.
You’ll need to go through a similar application process, fill out forms, pay fees, get a medical exam, and go for an interview.
If accepted, you can stay in the U.S. until your spouse’s H-1B visa expires. You can also request a status change, like switching to an H-1B visa, or apply for a Green Card independently.
Who Can Apply for the EAD?
Prior to 2015, H-4 visa holders couldn’t work. However, as of 2015, some H-4 visa holders can work with an Employment Authorization Document.
In February 2019, USCIS proposed ending the program, but it’s still under review. The Court of Appeals decided on November 9, opting against abolishing work permits for H-4 visa bearers.
The decision was sent back to the lower court.
With an EAD, you don’t need a LCA or sponsorship from U.S.A government agencies. You can work in any sector.
How Do You Extend Your H-4 Visa?
To extend your H-4 status, complete Form I-539 and pay the required fees. You can submit the extension petition simultaneously with the principal H-1B visa holder’s application.
The H-1B visa normally allows only one extension after the initial three-year period, with exceptions in special cases. Along with the application, you must provide:
- Copy of your most recent I-94 form
- H-1B worker’s I-129 form.
- Copy of the H-1B worker’s latest I-94 form
- Evidence of parenthood or spousal with the principal H-1B visa holder.
- Notice of approval, which is form I-797.
Conclusion
Can H4 Visa holders work in USA? H4 visa holders cannot work in the USA without obtaining employment authorization from USCIS.
If EAD is approved, H4 visa holders can work for any U.S. employer, as it is not tied to a specific job or employer.
The H4 visa is issued to dependents of certain nonimmigrant workers, such as spouses and unmarried children under 21 of H-1B, H-1C, H-2A, H-2B, and H-3 visa holders.
To apply for an H4 visa, applicants must meet certain eligibility criteria and follow a step-by-step application process discussed above.
The processing time for H-4 visas can vary. It is important to note that possessing an H4 visa does not guarantee entry into the U.S.
