Guidelines and processes for obtaining H-4 visas for your family.
One of the most often asked questions by H-1B employees is, “Can my family join me in the United States?” Fortunately, in most circumstances, the answer is yes. The spouse and children of an H-1B worker may enter the United States with the worker by acquiring H-4 visas. (Each family member must get an H-4 visa separately.)
\
Table of Contents
What Are the Family Travel Restrictions for the Primary H-1B Visa Holder?
A “spouse” is defined as a husband or wife in a legally authorized and recognized marriage for the purposes of the H-4 visa. A “child” is an H-1B worker’s unmarried son or daughter under the age of 21.
If you come from a polygamous culture, you should also read How Marriage to Multiple Spouses Affects Immigrants’ Eligibility for a U.S. Visa, Green Card, or Citizenship.
How Can My Family Get H-4 Visas From Abroad?
If your family is not in the United States, they may apply for H-4 visas through the US embassy in their native country. They do so once US Citizenship and Immigration Services (USCIS) accepts the H-1B petition submitted on your behalf by your employer. Your family can get their H-4 visas at the same time you get your H-1B visa, or they can get them after you get your H-1B visa—they simply can’t get them before you do.
Each member of your family must provide the following documentation to the US consulate:
A copy of your H-1B Approval Notice (if you are an H-1B worker) (Form I-797).
Marriage certificate or birth certificate demonstrating the applicant’s and H-1B worker’s familial connection.
A passport that is valid for at least six months after the date of application.
Form DS-160, Nonimmigrant Visa Application, must be completed and signed.
A passport-style picture in one color.
Please keep in mind that the consulate may request more papers from your family, but these are the fundamental things that are necessary.
Processing periods for the H-4 visa vary by consulate, so be sure to contact the consular official for an estimated timeline for your family’s visas.
How Can My Family Obtain H-4 Status From Within the United States?
If the H-1B worker and family are already in the United States, the procedure for acquiring H-4 status is different (in which case, technically speaking, they cannot seek a “visa,” which is first and foremost an entry document). In this case, the family must submit an I-539 application with USCIS to modify their status. One I-539 application might contain all family members.
The principal applicant, usually the spouse, completes and files Form I-539. Each youngster fills out a Form I-539A. As of summer 2022, the I-539 filing cost of $370 covers the full family for H-4 applications.
We assume the family members are in the United States legitimately and have lawful status—undocumented individuals, including those who have overstayed a visa, cannot seek for a change of status.
Assume you are in the United States on an F-1 student visa and your husband and kid are in the country on F-2 visas. By submitting an H-1B petition (Form I-129) with USCIS, you identify an employer that will sponsor you for an H-1B visa. Your family may submit their I-539 application concurrently with your I-129 petition or later. When USCIS accepts the I-129, it will also approve the I-539, converting your family’s status to H-4. However, keep in mind that the I-539 application might take much longer to complete than the I-129 petition. Your family may stay in the United States while the I-539 application is being processed.
It is critical to remember to complete an I-539 application in order to ensure your family’s legal status in the United States. Remember that your family’s status is reliant on yours—they are permitted to enter the United States because they are your dependents. In the above example, when your F-1 status expires, so does your family’s F-2 status. As a result, if you fail to submit an I-539 to convert their status from F-2 to H-4, your family may remain in the United States without legal status, which may have major implications and threaten their future prospects to reside in the country.
Another item to keep in mind: Because a change of status does not grant an actual visa, your family members will need to stop at a US consulate if they go outside the US after converting to H-4 status in order to get an H-4 visa for return to the US. This shouldn’t be too difficult, but it’s still a crucial step to remember.
What Can H-4 Visa Holders Do in the United States?
H-4 visa holders are able to study at any institution in the United States as a condition of their H-4 status. They are not obliged to get F-1 student visas prior to commencing their studies. However, with one possible exception, H-4 visa holders are NOT eligible to work in the United States.
When an H-1B worker applies for lawful permanent resident status (a green card) and is thus the beneficiary of an approved I-140 immigrant petition or has received an extension of H-1B status beyond the six-year limit under the so-called AC21 statute, the H-4 dependent spouse is eligible to apply for work authorization as of 2022. This form of work visa is unlimited, allowing the bearer to work for any company or create their own business.
If H-4 visa holders begin working without authorization, they are breaching the terms of their visa and may lose their status as well as face other harsh consequences.
H-4 visa holders are also permitted to enter and exit the United States. It is not necessary for the H-1B worker to accompany them.
Can H-4 Dependents Change Status in the United States?
H-4 visa holders may alter their immigration status while in the United States. Many H-4 visa holders seeking to work in the United States find a company willing to sponsor them for an H-1B visa. The employer simply submits the I-129 petition and requests that USCIS convert the individual’s status from H-4 to H-1B.
Importantly, any time spent in H-4 status does not count against the six-year maximum duration of time employees may be in H-1B status. For example, suppose a foreign person enters the United States with H-4 status for three years before changing to H-1B status. Because the H-4 time did not contribute towards the limit, the foreign national may continue in H-1B status for the whole six-year term.