Purpose of the H-4 Visa
- H-1B Dependent: Most commonly, the H-4 visa is associated with dependents of H-1B visa holders, who are foreign workers in specialty occupations.
- Other H Visas: It also applies to dependents of individuals with H-2A (agricultural workers), H-2B (temporary non-agricultural workers), and H-3 (trainees or special education exchange visitors) visas.
Eligibility
- The applicant must be a spouse or unmarried child (under 21 years) of a person holding a valid H visa.
- Proof of relationship (e.g., marriage certificate for spouses, birth certificate for children) is required during the application process.
Rights and Restrictions
- Work Authorization:
- H-4 visa holders are generally not permitted to work in the U.S. unless they apply for an Employment Authorization Document (EAD).
- EAD is available only to certain H-4 visa holders whose H-1B spouse is on track for permanent residency (has an approved I-140 immigrant petition).
- Study: H-4 visa holders can enroll in academic programs or courses in the U.S.
- Driver’s License: They can apply for a U.S. driver’s license.
- Travel: H-4 visa holders can travel in and out of the U.S. as long as the H-4 and the primary H visa holder’s status remain valid.
Application Process
- From Outside the U.S.:
- Apply for the H-4 visa at a U.S. consulate or embassy in your home country.
- Complete Form DS-160 (Online Nonimmigrant Visa Application).
- Attend a visa interview.
- From Within the U.S.:
- File Form I-539 (Application to Extend/Change Nonimmigrant Status) if transitioning from another visa status.
- Provide supporting documents, such as proof of the primary visa holder’s status and relationship evidence.
Key Considerations
- H-4 visa holders depend on the primary H visa holder for their status. If the primary visa holder’s H visa status ends, the H-4 visa also becomes invalid.
- The process for obtaining an EAD can be lengthy, and recent U.S. immigration policies have impacted processing times and eligibility criteria.
