What is an H4 Dependent Visa and How to Apply
Understanding the H4 Dependent Visa can be a complex process, especially for those who are not familiar with the U.S. immigration system. This article aims to provide a comprehensive guide on what an H4 Dependent Visa is, who is eligible to apply for it, and the process of obtaining it.
What is an H4 Dependent Visa?
The H4 Dependent Visa is a special category of visa that allows the spouses and unmarried children under 21 of H-1B visa holders to reside and work in the United States. This visa does not grant independent legal status for the dependent, but rather, it provides them with the right to stay in the country while their H-1B holder spouse is working under the terms of the H-1B visa.
Eligibility for an H4 Dependent Visa
To qualify for an H4 Dependent Visa, one must meet specific criteria:
Spouse's Valid H-1B Visa: The dependent must have an H-1B visa holder as a spouse, and this spouse must be working in a valid H-1B status. Spouse's Residency in the U.S.: The H-1B spouse must be residing in the United States. Age of Unmarried Children: The children must be unmarried and under the age of 21.Candidates who do not meet these criteria cannot qualify for an H4 Dependent Visa, as it is not a general-purpose visa.
How to Apply for an H4 Dependent Visa
The process of obtaining an H4 Dependent Visa involves several steps and requirements. Here are the key stages:
Documentation Preparation
H-1B Visa Holder's Documentation: Obtain and verify all necessary documents related to the H-1B visa holder, including the original visa and any extensions. Dependent's Documentation: Collect necessary documents for the dependent, such as birth certificates, marriage certificates, and passport.Application Process
Application to the U.S. Consulate: Dependent family members must apply for the H4 Dependent Visa at the U.S. consulate or embassy in their country of residence. This process may involve an interview and additional documentation.Work Authorization for H4 Dependent Visa Holders
While the H4 Dependent Visa primarily grants residence in the United States, it also offers the option for dependent spouses to apply for employment authorization. This is usually done through an EAD (Employment Authorization Document) application, which must be filed with U.S. Citizenship and Immigration Services (USCIS).
Process of Applying for EAD
Here are the steps to apply for an EAD via the H4 Dependent Visa:
1. Pre-Application Check
Verify eligibility for an EAD and understand the conditions for employment. Ensure the H-1B visa holder is in valid employment status.2. Submit Application
Online Application: Complete and submit the appropriate USCIS form (Form I-765) through the online portal. Login: Create an account on the USCIS website and log in to begin the application process.3. Supporting Documents
Required Documents: Provide all necessary supporting documents, such as the H-1B visa holder's H-1B petition and EAD application form. Biometrics: Schedule an appointment for biometric services (fingerprints and photographs) at a designated location.4. Processing Time
EAD Card: Once approved, you will receive an EAD card, which permits the H4 holder to work legally in the United States. Duration: The EAD is valid for 2 years, but it can be renewed.Conclusion
The H4 Dependent Visa is a vital tool for spouses and children of H-1B visa holders to stay and work in the United States. By understanding the eligibility criteria and the detailed application process, prospective applicants can ensure a smoother journey through the immigration process. It is important to consult with an immigration lawyer or an experienced agent to navigate any specific legal issues and ensure compliance with all necessary regulations.