H4 Dependent Visa

About Visa:

An H-4 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders. There is no additional qualification required for H4 visa. The duration of H4 visa is the same as H1B visa of the principal. H4 visa can be obtained at local US consulate office in applicant's home country. If the applicant (H4 Visa applicant) is already in the US, then H-4 visa can be obtained by filing Form I-539.

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director Leon Rodriguez announced that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B non-immigrant's who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States. These H-4 dependent spouses are also eligible to receive social security numbers.

Other H-4 visa holders are not eligible to get a Social Security Number and cannot be employed, but they can hold a driver's license, open bank accounts, and get an Individual Taxpayer Identification Number for US tax purposes.

Since these other H-4 visa holders are not issued a social security number, an ITIN (Individual tax identification number) should be obtained before filing for joint tax returns by filing Form W-7. They are not authorized to work in the United States, though they are allowed to study.H4 visa holders can apply for other non-immigrant such as the F-1 (student Visa). H4 Visa applicants can apply for employment, get H1B visa and legally work in US.

Family members may alternatively be admitted in other non-immigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B visa petition to employ the spouse. An H-4 visa holder is admitted to the US for the duration of the primary (H-1B, H-2A, H-2B, or H-3) visa validity.

Features:

 

• Allows spouses and children to travel to the United States for the purpose of accompanying a family member with H-1B Visa type.
• An H-4 visa holder is admitted to the US for the duration of the primary (H-1B, H-2A, H-2B, or H-3) visa validity.
• H4 visa holders can apply for other non-immigrant such as the F-1 (student Visa).
• H4 Visa applicants can apply for employment, get H1B visa and legally work in US.
• Family members may alternatively be admitted in other non-immigrant categories for which they qualify.

Requirements:

• You are eligible if you are the H-4 dependent spouse of an H-1B non-immigrant if your H-1B non-immigrant spouse:
  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• You must file Form I-765 and receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Complete Form I-765 using the Instructions for Form I-765. USCIS will reject any application that is not accompanied by the proper filing fees or signature.
• A copy of your last EAD (if any);
• A copy of the biometric page of your passport;
• A birth certificate with photo ID;
• A visa issued by a foreign consulate; or
• A national identity document with photo.
• A copy of your marriage certificate.
• Evidence that the H-1B non-immigrant is the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140).