What You Need to Know About H-4 Visas

An H-4 visa is a dependent visa, which typically allows spouses and unmarried children under the age of 21 to accompany a foreign worker to the U.S. Most commonly, H-4 visas are granted to family members of those who hold H-1B specialty occupation visas.

The H-4 visa is not well known, and many workers coming to the U.S. on an H-1B might have questions about what rights their spouse has to work in the U.S. if they tag along. Our immigration lawyer reviews the H-4 visa below and encourages you to contact our office for further assistance.

Common Questions Regarding the H-4 Visa

In 2023, the Department of State issued more than 185,000 H-4 visas. This was a jump from the previous lows set during the pandemic.

These are “derivative” visas, meaning they are not granted because of the recipient’s own skills or education. Instead, whether you obtain an H-4 visa depends on whether a family member has a valid visa. Indeed, the H-4 visa is directly tied to the principal’s status. Once the principal’s status ends, the H-4 ends too, which is one feature of it being derivative.

Commonly, the principal visa holder has an H-1B visa as a specialty worker. The H-4 holder is usually their spouse or unmarried children under 21.

To receive the H-4 visa, you need to show a principal has a valid visa, such as an H-1B. Then you must show you are a qualifying family member, which might mean showing a marriage certificate (if a spouse) or a birth certificate (if an unmarried child).

Anyone seeking a nonimmigrant work visa can contact our office. We will handle any derivative visa for qualifying family members at the same time as the H-1B. This is one of the benefits of working with an experienced law firm.

One common question is whether an H-4 visa holder can work in the U.S. The answer for spouses is “possibly.” If you are married to an H-1B holder, you might request an Employment Authorization Document (EAD).  

The Department of Homeland Security has restricted work authorization recently, however. You can only request an EAD if your spouse has an approved green card petition (I-140) or they have extended H-1B status beyond six years and are waiting for a green card. That means many spouses cannot immediately start working in the U.S., unfortunately.

Unfortunately, unmarried children on an H-4 visa may not work. This reality could impact whether your children come to the U.S. with you, or if they will prefer to stay in their home country.

Speak with an Immigration Lawyer About Your Case

The Law Office of Jason M. Sullivan, PLLC, is dedicated to helping immigrants and their families navigate our confusing legal system. We can advise a client whether they can request an H-4 visa and work authorization. We can also help with adjustment of status to obtain a green card. Call our firm. Our Portsmouth, New Hampshire immigration lawyer has helped families for decades. Reach out today if you are in New Hampshire or Miami, Florida.

Source:

uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/employment-authorization-for-certain-h-4-dependent-spouses