The H-1B visa remains a popular option for professionals seeking career advancement in the United States, allowing foreign workers to contribute to the U.S. economy and gain essential experience.
The H-4 visa also provides a pathway for family members of H-1B visa holders to join them in the U.S.
According to U.S. Citizenship and Immigration Services (USCIS), “H-1B status is valid for up to three years and can be extended for an additional three years, for a total period of admission of six years.”
What to know about the H-1B and H-4 Visas
The H-1B visa program allows U.S. businesses to hire foreign workers in specialized occupations requiring a bachelor’s degree or higher in a field directly related to the H-1B position.
The H-1B classification also covers individuals working on Department of Defense cooperative research and development projects or co-production projects and those providing services in fashion modelling with distinguished merit and ability.
Reports indicate that the H-4 visa, available for the dependents of H-1B visa holders, including spouses and unmarried children under 21, does not automatically grant work authorization to the spouse.
However, it is still possible to obtain work authorization.
USCIS disclosed on their website that “You are eligible if your H-1B nonimmigrant spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, or has been granted H-1B status under sections 106(a) and (b) of AC21.”
To apply for an H-1B work visa for the U.S. and an H-4 visa for dependent family members, specific criteria must be met.
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- For the H-1B visa, the employer must ensure that the position is a specialized occupation requiring at least a bachelor’s degree or equivalent.
- The employer also needs to file a Labor Condition Application (LCA) with the U.S. Department of Labor to confirm that the wage offered meets prevailing standards. Furthermore, the employer must show the financial capability to pay the offered salary.
- As for the intended employee, they must hold a bachelor’s degree or higher in a field related to the specialized occupation.
- The employee’s education and experience should match the job requirements, and they must have a job offer from a U.S. employer for a position that qualifies as a specialized occupation.
- To be eligible for an H-4 visa, applicants must provide evidence of their relationship, such as a marriage certificate for the spouse and birth certificates for the children. Additionally, the primary H-1B visa holder’s status must be valid.
Applying for H-1B and H-4 Visas
According to DAAD, the process of applying for H-1B and H-4 visas involves two main parts. The initial part focuses on the H-1B visa application, which is primarily managed by the employer. To start this process, you need to secure a sponsoring employer.
This means obtaining a job offer from a U.S. employer willing to sponsor your H-1B visa for a position that qualifies under H-1B criteria.
The employer is also required to file a Labor Condition Application (LCA) with the U.S. Department of Labor. This LCA certifies that the wage offered meets the prevailing wage standards and that hiring a foreign worker will not negatively impact U.S. workers.
Additionally, the employer must register you in the H-1B lottery system during the registration period, which begins in March 2025.
If you are selected in the lottery, the next step involves the employer filing Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This form must be accompanied by all required documentation.
Following submission, USCIS will review the petition. If the petition is approved, you will receive a Notice of Action (Form I-797), indicating that your application has been accepted.
For the H-4 visa application, dependents must gather documents such as passports, DS-160 forms, marriage and birth certificates, and the H-1B approval notice.
A non-immigrant visa application fee of $185 is required before scheduling interviews at the U.S. embassy or consulate. If approved, the H-4 visas will be stamped on the dependents’ passports.
What a dependent (H-4 visa holder) who desires to work must do
- For H-4 visa holders, USCIS states that “To request employment authorization as an H-4 dependent spouse, you must file Form I-765, Application for Employment Authorization.”
- Before you can begin working, you must obtain an Employment Authorization Document (EAD/Form I-766) from USCIS.
- The U.S. immigration body urges that interested parties ensure they use the most recent version of Form I-765 to avoid delays or additional requests for evidence from USCIS and also include all required supporting evidence with the application.
- Providing sufficient evidence will reduce the likelihood that USCIS will request additional information.
What you should know
The H-1B visa is subject to an annual cap, with a lottery system used to select applicants. “Capping” means there is a limit on the number of visas that can be granted to each migration program per year.
Once this limit is reached, no more visas can be granted for that year. All remaining visa applications will stay in the queue until a spot becomes available in a future program year.
DAAD Scholarship Org, an international resource for immigration opportunities, warns that processing times for both H-1B and H-4 visas can vary. Premium processing is available for H-1B visas for an additional fee.
Interested candidates are encouraged to consult an immigration attorney, given the complexities of the application process, and to stay updated with USCIS guidelines in case of any changes.
This approach would prevent unnecessary delays and ensure accurate and timely processing of your visa applications.
Having your family members with you on an H-1B visa offers a chance to work while keeping loved ones close. Understanding the visa processes and requirements helps in navigating the application process effectively.