1. What is an H-1B Dependent (H-4 Visa)?

The H-4 visa is a dependent visa available to spouses and children of H-1B visa holders. This type of visa allows the accompanying family members of the H-1B visa holder to stay in the United States while the H-1B visa holder is working and living in the United States. The H-4 visa does not allow the holder to work in the United States, however, they are able to attend school and access other public benefits.

2. Who is eligible to apply for an H-1B Dependent (H-4 Visa)?

H-4 visa holders are dependents of H-1B visa holders, including spouses and unmarried children under the age of 21. To be eligible for an H-4 dependent visa, the dependent must be the spouse or minor child of an individual who holds an H-1B visa.

3. What documents are required to apply for an H-1B Dependent (H-4 Visa)?

In order to apply for an H-4 Visa, the following documents are required:
1. A valid passport.
2. A completed and signed Form DS-160, the Online Nonimmigrant Visa Application.
3. Proof of relationship to the H-1B holder (e.g., marriage or birth certificate).
4. An I-797 Notice of Action form, which is a receipt notice confirming that USCIS has received the H-1B visa petition of the family member who is the primary visa applicant.
5. A copy of the H-1B visa holder’s visa and I-94 record.
6. Two recent passport-style photographs.
7. Evidence of financial support, such as bank statements and pay stubs of the H-1B visa holder or other proof of income if applicable.
8. A copy of a valid Employment Authorization Document (EAD), if applicable.
9. Processing fee receipt for the visa application fee, if applicable.

4. How long does it take to process an H-1B Dependent (H-4 Visa) application?

The processing time for an H-1B Dependent (H-4 Visa) application is typically 6 to 8 weeks. If the application is filed properly and there are no additional documents needed, the processing time can be shorter.

5. Can an H-1B Dependent (H-4 Visa) holder work in the U.S.?

No, H-4 visa holders are not allowed to work in the U.S. However, certain H-4 visa holders may be eligible for work authorization if they meet certain conditions. This is known as the Employment Authorization Document (EAD) program.

6. Does an H-1B Dependent (H-4 Visa) need to attend school to remain in the U.S.?

No, an H-1B dependent does not need to attend school to remain in the U.S. An H-4 visa holder is allowed to stay in the U.S. as long as the primary visa holder’s H-1B visa is valid, and does not need to enroll in school or take any other action to remain in the country.

7. Is there a fee associated with obtaining an H-1B Dependent (H-4 Visa)?

Yes, there is a fee associated with obtaining an H-4 visa. The fee is currently $190.

8. Are there any restrictions on travel for an H-1B Dependent (H-4 Visa) holder?

Yes. An H-4 visa holder is only eligible to remain in the U.S. as long as the H-1B visa holder remains in valid status. The H-4 visa holder must apply for a new visa if the H-1B visa holder changes employers or if the H-1B visa holder leaves the U.S. for more than 6 months. An H-4 visa holder is not eligible to work in the U.S., but may study without restriction.

9. How long is an H-1B Dependent (H-4 Visa) valid for?

An H-4 visa is valid for the same amount of time as the H-1B visa holder’s period of stay in the United States. This can be up to three years, and can be extended in one-year increments for up to a total of six years.

10. What are the visa categories available for H-1B Dependents?

The visa categories available for H-1B dependents are: H-4 visa, L-2 visa, F-2 visa, and J-2 visa.

11. Can an H-1B Dependent (H-4 Visa) holder obtain a driver’s license?

Yes, an H-4 visa holder can obtain a driver’s license. Each state has its own requirements for obtaining a driver’s license, including proof of identity, proof of residency, and in some cases proof of authorized employment in the United States. H-4 visa holders should check with their local Department of Motor Vehicles to determine what documents they need to submit.

12. Does the H-1B Dependent (H-4 Visa) holder have access to public benefits?

No. H-1B dependent (H-4 visa) holders are not eligible for any public benefits, including Social Security, Medicare, unemployment benefits, or food stamps.

13. How can I check the status of my H-1B Dependent (H-4 Visa) application?

You can check the status of your H-1B Dependent (H-4 Visa) application online at U.S. Citizenship and Immigration Services (USCIS) website. You will need to enter the receipt number associated with your application. You can also contact the USCIS National Customer Service Center at 1-800-375-5283.

14. Are there any restrictions on the type of employment an H-1B Dependent (H-4 Visa) holder can do?

Yes, H-4 visa holders are restricted to certain types of employment. They may not work for an employer other than their H-1B visa sponsoring employer, and they may not be self-employed. Additionally, the H-4 visa holder cannot accept any income or compensation from any source other than the H-1B sponsoring employer.

15. What is the difference between an H-1B visa and an H-1B Dependent (H-4) visa?

An H-1B visa is a non-immigrant visa that allows United States employers to temporarily employ foreign workers in specialty occupations. The H-1B visa holder is the foreign worker, while the H-1B Dependent (H-4) visa is issued to the dependents of the H-1B holder, which usually includes the spouse and minor children of the H-1B holder. The H-4 visa allows them to accompany the principal H-1B visa holder and stay in the US, but does not allow them to work or study in the US.

16. How many times can an H-1B Dependent (H-4 Visa) be renewed?

An H-1B Dependent visa (H-4 visa) can be renewed as long as the principal H-1B visa holder’s status is valid.

17. What are the requirements for a spouse to change from an H-4 to a work visa?

A spouse of a person with an H-4 visa will need to apply for an employment-based visa in order to work in the United States. Depending on the type of work desired, they may need to apply for an H-1B, L-1, E-3, O-1, or TN visa. To qualify, they must have a job offer and the employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). The petition must be approved for them to receive a work visa.

18. What are the filing fees and processing time for an H-1B dependent visa application?

The filing fee for an H-1B dependent visa application is $190 for the I-539 form. The processing time for the application is typically between 3 and 6 months.

19. Can a dependent of an H-1B visa holder study in the US while on an H-4 visa?

Yes, dependents of an H-1B visa holder are permitted to pursue academic studies in the United States while on an H-4 visa. The H-4 visa holder may need to apply for an F-1 student visa to enroll in a course of study, and may need to demonstrate proof of sufficient funds to cover tuition and living expenses.

20. Can I apply for permanent residency while on an H-1B dependent visa?

No, you cannot apply for permanent residency while on an H-1B dependent visa. An H-1B dependent visa does not provide a path to permanent residency in the United States. If you wish to become a permanent resident, you must have a sponsor and file an immigrant petition with the US Citizenship and Immigration Services (USCIS).