H-4 Visa: Pathway to Non-Immigration Visa Services for Dependent Spouses and Children

Authorizing H-4 spouses to work is advantageous for several reasons. Notably, allowing spouses to work brings the United States in line with other countries competing to attract talented foreign nationals.

The highly-skilled individuals U.S. employers hope to attract and employ on a H-1B nonimmigrant visa often have a spouse or family to consider. The potential worker may have a spouse with an established career or a family needing the support of two working parents. If a spouse retains the option of being employed, the U.S. employer can provide a more appealing and competitive job offer.

Highly-educated immigrants are more likely to choose a country where immediate family members are welcome. For instance, when immigrant scientists and engineers are asked why they chose the United States as a destination, the most common response is “family-related reasons.”

In addition, the ability to work can facilitate the integration of H-4 spouses into the United States and reduce isolation. Since the majority of H-4 spouses are female, authorizing their employment also empowers women to contribute their skills to American society, while strengthening their families’ economic well-being. 

To qualify for a H-4 visa, applicants must meet the following requirements:

1. Spouses of H-1B, H-1B, H-1C, H-2A, H-2B, and H-3 visa holders: If you are legally married to one of these particular work visa holders, you may be eligible for an H-4 visa.
2. Unmarried children of H-1B, H-1B, H-1C, H-2A, H-2B, and H-3 visa holders: If you are under the age of 21 and unmarried, and your parent holds one of the above visas, you may be eligible for an H4 visa.

• You will not be authorized to work until USCIS approves your Form I-765. Once your employment authorization is approved, the expiration date on your Employment Authorization Document (Form I-766 EAD) should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. Generally, you are only authorized to work through the expiration date on your EAD. If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. You cannot file for a renewal EAD more than 180 days before your original EAD expires.

• Can H-4 visa holders work in the U.S.?
  H-4 visa holders cannot work unless they receive employment authorization from USCIS by obtaining an EAD.
• Can H-4 visa holders study in the U.S.?
  Yes, H-4 visa holders can enroll in educational courses on a part-time or full-time basis.
• What happens if the primary visa holder loses their job?
  If the H-1B visa holder loses their job, the H-4 visa holder may also lose their status. The primary visa holder can seek a new employer to transfer their H-1B status to a new position.

 The duration of an H-4 visa is the same as the primary visa holder's visa: 

• H-1B visa: The initial period for an H-1B visa is three years, with the possibility of extension to six years. H-4 visas are valid for the same period as the H-1B visa.
• Other visas: If the primary visa holder has an H-2 or H-3 visa, the H-4 visa will also be valid for the same period.

H-4 visa holders can renew their visa when the primary visa holder renews theirs. They have a 60-day grace period after their visa expires or their purpose of stay ends to leave the US. During this time, they can: 

• Find a new employer to sponsor them on another H visa application
• Change status to a different visa

There is no annual cap or quota on the number of people who can apply for an H-4 visa. This means that there is no deadline to apply, and you can apply at any time. 

However, there is an indirect limit on H-4 visas because their status is tied to their H-1B parent or spouse. The number of H-1B workers at for-profit firms is limited to 85,000. 

Here are some other things to know about H-4 visas: 

• The H-4 visa has the same duration validity term as the main H-1B visa holder.
• The H-4 visa can be extended when the primary visa holder's status is extended.
• The H-4 visa holder should leave the US or apply for a new visa status when the primary visa holder's work visa expires or is canceled.
• The H-4 visa holder must update their visa status if there is a change in the primary visa holder's employment status.

Yes, an H-4 visa is a dual intent visa, which means that H-4 visa holders can apply for permanent residency in the United States without violating the terms of their nonimmigrant visa. 

Dual intent visas allow visa holders to enter the country temporarily while also seeking permanent residency. This is a benefit because it allows visa holders to apply for a green card without jeopardizing their current visa status. 

To apply for a green card, H-4 visa holders can file for an adjustment of status along with the appropriate fees. If the petition is approved, the visa holder's status will be changed from H-4 to green card. 

Other visas that are considered dual intent include H-1B, L-1, and L-2. 

The H-4 Visa offers diverse opportunities for cultural and professional exchange. If you have further questions or need assistance with your application, feel free to ask!