The H-4 visa is a dependent visa that allows the spouses and children of H-1B visa holders to accompany or join them in the United States. While H-4 visa holders are primarily dependent visa holders, they have the opportunity to work in the U.S. under certain conditions. This blog post will provide an overview of the H-4 visa, its eligibility criteria, and the process of obtaining Employment Authorization Documents (EAD) for H-4 visa holders who wish to work in the U.S.

H-4 Visa Overview

The H-4 visa is a non-immigrant visa category that allows certain family members of H-1B visa holders to reside in the U.S. while their primary visa holder spouse or parent works or studies in the country. H-4 visa holders are primarily dependent on the H-1B visa holder, but they can engage in certain activities, including attending school or applying for work authorization if eligible.

H-4 visa holders are allowed to stay in the U.S. as long as the H-1B visa holder's status remains valid. The H-4 visa is directly tied to the H-1B visa, and any changes or extensions to the H-1B visa will also affect the H-4 visa holder's status.

Eligibility for H-4 Visa

To be eligible for an H-4 visa, an individual must meet the following requirements:

• Be the spouse or unmarried child under the age of 21 of an H-1B visa holder.
• The H-1B visa holder's status must be valid and active.
• The H-1B visa holder must maintain compliance with the terms and conditions of their visa.
• The H-4 visa applicant must provide the necessary supporting documents, such as proof of relationship and valid passport.

It's important to note that H-4 visa holders cannot work in the U.S. unless they obtain an Employment Authorization Document (EAD) through a separate application process.

Employment Authorization for H-4 Visa Holders

H-4 visa holders who wish to work in the U.S. must apply for and obtain an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). The EAD grants H-4 visa holders the authorization to engage in employment activities.

Eligibility for EAD

To be eligible for an EAD, H-4 visa holders must meet the following criteria:

• The H-1B visa holder's spouse must be in valid H-1B status.
• The H-1B visa holder's spouse must have a pending or approved I-140 immigrant petition.
• The H-4 visa holder must demonstrate economic need for employment.
• The H-4 visa holder must not have been unemployed for more than 6 months at the time of the EAD application.

Application Process for EAD

The steps to apply for an EAD for H-4 visa holders are as follows:

1. Gather Required Documents: Collect the necessary documents, including the H-4 visa holder's passport, H-4 visa, H-1B visa holder's employment authorization, marriage certificate, and any other supporting documents.

2. Complete Form I-765: Fill out the Form I-765, Application for Employment Authorization. Ensure that you select the correct category code "c33" for H-4 visa holders.

3. Prepare Supporting Documents: Along with Form I-765, you will need to provide additional supporting documents, such as proof of relationship, proof of H-1B visa holder's employment, and evidence of pending or approved I-140 petition.

4. File the Application: Submit the completed Form I-765 and supporting documents to the appropriate USCIS service center, along with the required filing fees.

5. Biometrics Appointment: Once your application is received, you may be scheduled for a biometrics appointment to provide fingerprints and a photograph.

6. Processing Time: The processing time for EAD applications can vary, but it typically takes several months. During this time, you can check the status of your application online through the USCIS website.

7. Receive EAD Card: If your EAD application is approved, you will receive an Employment Authorization Document (EAD) card, which serves as proof of your work authorization.

It's crucial to keep in mind that EAD applications can be complex, and it is advisable to consult with an immigration attorney or seek professional guidance to ensure a successful application process.

Working with an EAD

Once an H-4 visa holder receives their EAD, they are authorized to work in the U.S. in any employment they choose. The EAD card has an expiration date, and it is important to renew it before it expires to maintain work authorization. H-4 visa holders with an EAD must also comply with all U.S. employment laws and regulations.

Note on EAD and I-140 Approval

It's worth mentioning that the approval of the H-1B visa holder's I-140 immigrant petition is not a requirement for H-4 visa holders to obtain an EAD. However, having an approved I-140 can enhance the chances of EAD approval and provide additional benefits.

Renewing H-4 Visa and EAD

H-4 visa holders must renew their visa status periodically to maintain their legal stay in the U.S. The renewal process involves submitting a new H-4 visa application and supporting documents to the U.S. embassy or consulate in their home country or, in certain cases, through the USCIS within the U.S.

Additionally, H-4 visa holders with an EAD must renew their EAD card before it expires. The renewal process for the EAD is similar to the initial application process, and it is essential to initiate the renewal well in advance to avoid any gaps in work authorization.

Other Important Considerations

• Travel and Re-entry: H-4 visa holders can travel outside the U.S. with a valid passport and H-4 visa. However, it is advisable to carry supporting documents, such as the EAD (if applicable), to facilitate re-entry into the U.S.

• Change of Status: H-4 visa holders who wish to change their visa status to another category, such as F-1 or H-1B, must follow the appropriate procedures and meet the eligibility requirements for the new visa category.

• Tax Obligations: H-4 visa holders who work in the U.S. are subject to U.S. tax laws and must file tax returns. It is recommended to seek professional tax advice to ensure compliance.

Remember, the information provided here serves as a general guide, and it is always advisable to consult with immigration experts or attorneys for personalized advice and guidance regarding H-4 visas and EAD applications.

Conclusion

The H-4 visa provides an opportunity for family members of H-1B visa holders to accompany them in the U.S. While H-4 visa holders are primarily dependent, they can pursue work authorization through the EAD process. Obtaining an EAD allows H-4 visa holders to contribute to their financial well-being and gain valuable work experience in the U.S. market. By understanding the eligibility criteria and following the application process, H-4 visa holders can navigate the path to employment authorization successfully.

Frequently Asked Questions

Can H-4 visa holders work without an EAD?

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No, H-4 visa holders are not permitted to work in the U.S. without an Employment Authorization Document (EAD). The EAD is a necessary authorization for H-4 visa holders to engage in employment activities.

How long does it take to receive an EAD for H-4 visa holders?

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The processing time for EAD applications can vary, but it typically takes several months. It is recommended to initiate the application process well in advance to avoid any delays in obtaining work authorization.

Can H-4 visa holders work for any employer with an EAD?

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Yes, H-4 visa holders with an EAD can work for any employer in the U.S. as long as they comply with U.S. employment laws and regulations.

Do H-4 visa holders need to renew their EAD card regularly?

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Yes, H-4 visa holders with an EAD must renew their EAD card before it expires. It is important to initiate the renewal process well in advance to maintain continuous work authorization.

Can H-4 visa holders apply for a green card while holding an EAD?

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Yes, H-4 visa holders can apply for a green card (permanent residency) while holding an EAD. However, the process involves additional steps and requirements, and it is advisable to consult with an immigration attorney for guidance.