The H-1B visa is very popular and helps people from other countries work in the United States. It lets them learn new things and help the U.S. economy grow.
The H-4 visa is for family members of H-1B visa holders so they can come to the U.S. too. This includes the spouse and children under 21 years old.
The U.S. Citizenship and Immigration Services (USCIS) says, “H-1B status lasts for three years and can be extended for another three years, for a total of six years.”
Important Things About H-1B and H-4 Visas
The H-1B visa allows U.S. companies to hire workers from other countries for special jobs that need a college degree. These might be jobs in engineering, IT, and other fields that require a degree.
Sometimes, people working on defense projects or fashion models with special talents can also get an H-1B visa.
The H-4 visa is for the dependents of H-1B visa holders. This means spouses and children under 21 years old. But, the H-4 visa does not automatically let the spouse work.
However, the spouse can still get permission to work. USCIS says, “You are eligible if your H-1B spouse is the main person on an approved Form I-140 or has H-1B status given under special rules.”
There are special rules to apply for H-1B and H-4 visas.
More Details
- For an H-1B visa, the job must require a college degree or higher.
- The U.S. employer needs to file a Labor Condition Application (LCA) to show they will pay a fair wage.
- The worker must have a degree or experience that matches the job.
- The worker also needs a job offer from a U.S. employer.
- For an H-4 visa, you must show proof of your relationship like a marriage certificate for a spouse or a birth certificate for children.
How to Apply for H-1B and H-4 Visas
To apply for an H-1B visa, you need a U.S. employer to sponsor you. This means getting a job offer that fits the H-1B rules.
The employer files a Labor Condition Application (LCA) to show they will pay you fairly and that hiring you won’t hurt U.S. workers.
The employer must enter you into the H-1B lottery in March 2025. If you are picked, the employer files Form I-129 with USCIS.
USCIS reviews this form. If approved, you get a Notice of Action (Form I-797) saying your application is accepted.
For the H-4 visa, family members need to gather documents like passports, DS-160 forms, marriage and birth certificates, and the H-1B approval notice.
There is a $185 fee for the visa application. Then, you must go to the U.S. embassy or consulate for an interview. If approved, the H-4 visa will be stamped in the passport.
If H-4 Visa Holders Want to Work
- H-4 visa holders need to file Form I-765 to ask for work permission.
- You need an Employment Authorization Document (EAD/Form I-766) before you can start working.
- Make sure you use the latest version of Form I-765 to avoid delays.
- Provide all the required documents with your application to avoid extra requests for information.
What You Should Know
There is a limit on the number of H-1B visas given out each year. This is called the “cap.” Once the cap is met, no more visas are issued until the next year.
DAAD Scholarship Org says that the process time for H-1B and H-4 visas can be different. H-1B visas have a faster premium processing option for a fee.
It is a good idea to talk to an immigration lawyer, as the process can be complicated. Keeping updated with USCIS rules can help prevent delays.
Being with your family in the U.S. on an H-1B visa is great. It allows you to work and have your loved ones close. Knowing how to apply helps make the process easier.