The H-4 dependent visa is designed for the spouse and unmarried children (under 21 years old) of H-1B, H-2A, H-2B, and H-3 visa holders. It allows family members to accompany or stay with the primary visa holder in the United States.
For many families, the H-4 visa is an essential part of maintaining family unity while the H-1B worker builds a career in the U.S. However, understanding eligibility, the application process, and work authorization rules is crucial for successfully handling H-4 visa applications.
This guide provides a step-by-step process for applying for an H-4 visa, travel considerations, and potential work and study opportunities.
What is the H-4 Visa?
The H-4 visa is a non-immigrant visa issued to dependents of H-1B, H-2A, H-2B, and H-3 visa holders. It allows them to:
✔ Live in the United States with the primary visa holder.
✔ Study in the U.S. (without additional student visa requirements).
✔ Apply for H-4 Employment Authorization Document (EAD) (only for certain spouses of H-1B holders).
The H-4 visa is not a work visa, but certain H-4 visa holders can obtain work authorization under specific conditions.
Who is Eligible for an H-4 Visa?
To qualify for an H-4 visa, you must be:
✔ The spouse of an H-1B, H-2A, H-2B, or H-3 visa holder.
✔ The unmarried child (under 21 years old) of an H-1B, H-2A, H-2B, or H-3 visa holder.
Primary Visa Holder Categories:
- H-1B Visa – Specialty occupation professionals.
- H-2A Visa – Temporary agricultural workers.
- H-2B Visa – Temporary non-agricultural workers.
- H-3 Visa – Trainees or special education exchange visitors.
If the primary visa holder changes status (such as moving to Green Card status or a different visa category), the dependent’s H-4 status may also be affected.
Step-by-Step Guide to Applying for an H-4 Visa
Step 1: Gather Required Documents
Before starting the application process, ensure you have the necessary documents:
✔ Valid passport (for each applicant).
✔ Copy of the H-1B (or other H category) visa holder’s passport and visa stamp.
✔ Copy of Form I-797 Approval Notice (H-1B visa holder’s approval notice).
✔ H-1B holder’s employment verification letter.
✔ H-1B holder’s latest pay stubs and tax returns (if available).
✔ Marriage certificate (for spouses) or birth certificate (for children) as proof of relationship.
✔ Recent passport-size photographs (meeting U.S. visa photo requirements).
Step 2: Complete the Online DS-160 Form
The DS-160 (Online Nonimmigrant Visa Application Form) must be completed online:
✔ Go to the Consular Electronic Application Center (CEAC) website and start a new DS-160 application.
✔ Select H-4 Visa as the visa category.
✔ Fill out personal information, travel plans, and details of the primary visa holder (H-1B, H-2A, etc.).
✔ Upload a digital passport photo (as per U.S. visa specifications).
✔ Save the DS-160 confirmation number for scheduling the visa appointment.
Step 3: Pay the H-4 Visa Application Fee
✔ The H-4 visa application fee is $185 per applicant (as of 2024).
✔ Payment methods vary by U.S. consulate or embassy in your country (credit card, bank transfer, cash deposit).
✔ Keep the payment receipt, as it is required for the visa interview.
Step 4: Schedule a Visa Appointment at a U.S. Embassy or Consulate
After completing the DS-160 form and paying the visa fee, you must schedule a visa interview.
✔ Create a profile on the U.S. Visa Appointment System in your country.
✔ Select the nearest U.S. embassy or consulate for the visa interview.
✔ Choose an available interview date.
✔ Print the appointment confirmation to bring to the interview.
Step 5: Attend the Visa Interview
On the day of the interview, ensure you arrive early with all required documents.
Common H-4 Visa Interview Questions:
- What is your relationship to the H-1B visa holder?
- What does your spouse/parent do for work in the U.S.?
- How long do you intend to stay in the U.S.?
- Will you be working in the U.S.?
- Do you have any relatives in the U.S.?
✔ Answer all questions truthfully and confidently.
✔ Provide all required documents when requested.
Step 6: Receive Your H-4 Visa
✔ If approved, your passport will be returned with the H-4 visa stamp.
✔ The processing time varies by embassy but typically takes 5-10 business days.
✔ Once received, you can travel to the U.S. to join the primary visa holder.
Travel Considerations for H-4 Visa Holders
✔ H-4 visa holders can travel freely in and out of the U.S.
✔ Always carry a valid H-4 visa and supporting documents when re-entering the U.S.
✔ If the H-1B visa holder changes employers, ensure your H-4 visa remains valid.
Work Authorization for H-4 Visa Holders (H-4 EAD)
Some H-4 spouses of H-1B visa holders can apply for Employment Authorization (H-4 EAD).
Eligibility for H-4 EAD:
✔ The H-1B visa holder must have an approved I-140 (Immigrant Petition for Green Card).
✔ The H-1B visa holder must be in H-1B status beyond the six-year limit (under AC21 rule).
How to Apply for H-4 EAD:
✔ File Form I-765 (Application for Employment Authorization).
✔ Submit H-4 visa holder’s passport, marriage certificate, and I-94 record.
✔ Include H-1B holder’s I-140 approval notice.
✔ Pay the $520 filing fee (as of 2024).
Once approved, the H-4 EAD allows:
✔ Full-time or part-time employment.
✔ Starting a business.
✔ No employer sponsorship required.
Study Opportunities for H-4 Visa Holders
✔ H-4 visa holders can study in the U.S. without a separate student visa (F-1).
✔ Eligible to enroll in schools, colleges, or universities.
✔ If planning to apply for an F-1 visa later, consult a DSO (Designated School Official).
H-4 Visa Extensions and Change of Status
Extending H-4 Visa
✔ If the H-1B visa is extended, the H-4 visa must also be renewed.
✔ File Form I-539 (Application to Extend/Change Nonimmigrant Status).
✔ Submit before the H-4 visa expiration date.
Changing Status from H-4 to H-1B (Work Visa)
✔ An H-4 visa holder with a job offer can apply for H-1B status.
✔ The employer must sponsor the H-1B petition.
✔ Apply for H-1B cap lottery (if applicable).
Conclusion
The H-4 visa allows dependents to join their H-1B, H-2A, H-2B, or H-3 visa-holding family members in the U.S. Understanding the application process, work authorization (H-4 EAD), and travel considerations is crucial for a smooth immigration experience.
✔ Follow the correct visa application steps to avoid delays.
✔ Apply for an H-4 EAD if eligible for work authorization.
✔ Stay informed about changes in U.S. immigration policies.
By carefully managing the H-4 application and renewal process, dependents can make the most of their stay in the U.S. while supporting their family’s career and personal goals.
Zara Adeyemi