Spouses Of H-1B Visa Holders (H-4 Visa)
- Deepak B
- 5 days ago
- 4 min read
The H-4 visa is a non-immigrant visa issued by the United States to the immediate family members (spouses and unmarried children under 21) of H-1B, H-1B1, and H-2A/B visa holders. This guide focuses specifically on the spouses of H-1B visa holders.
1. What Is an H-4 Visa?
The H-4 visa is a nonimmigrant (temporary) visa issued by the U.S. government to the immediate family members of H-1B visa holders. "Immediate family members" are defined as:
Spouse
Unmarried children under the age of 21
The primary purpose of the H-4 visa is to allow the H-1B holder's family to accompany them and live in the United States. The status of an H-4 visa holder is entirely dependent on the status of the primary H-1B visa holder.
2. H-4 Visa Eligibility
You are eligible for an H-4 visa if you are the lawful spouse of an H-1B visa holder. This is established through a legally recognized marriage certificate.
Key points:
The marriage must be legally valid in the country where it was performed.
Common-law marriages may be recognized if they are legally valid in the jurisdiction where they were established.
Unmarried children under 21 are also eligible for H-4 status.
3. Application Process
The process for obtaining an H-4 visa differs depending on whether you are applying from outside the U.S. or changing your status from within the U.S.
1. Applying from Outside the U.S. (Consular Processing): This is the most common path if you are not already in the U.S. on a different visa.
Complete Form DS-160: This is the online nonimmigrant visa application. You will need to upload a digital photo and will receive a confirmation page upon completion.
Pay Visa Fees: Pay the required visa application fee.
Schedule Appointments: Schedule your visa interview and biometrics (fingerprinting) appointments at a U.S. embassy or consulate in your home country.
Attend the Visa Interview: A consular officer will ask questions about your relationship, your spouse's job, and your intentions in the U.S.
Key Documents for the Interview:
Your valid passport
DS-160 confirmation page
Visa fee payment receipt
Passport-sized photos (as per U.S. visa requirements)
Your original marriage certificate
Copies of your H-1B spouse's documents:
Passport and U.S. visa stamp
Form I-797 Approval Notice for their H-1B petition
Form I-129 (the petition filed by their employer)
Recent pay stubs
Letter of employment from their U.S. employer
Applying from Inside the U.S. (Change of Status): If you are already in the U.S. on a different valid nonimmigrant visa (e.g., F-1, B-2), you can apply to change your status to H-4.
File Form I-539: You must file Form I-539, "Application to Extend/Change Nonimmigrant Status," with U.S. Citizenship and Immigration Services (USCIS).
Submit Supporting Documents: This includes your current I-94 record, proof of your current valid status, and all the "Key Documents" listed above (marriage certificate, spouse's H-1B documents, etc.).
Timing: This form is often filed concurrently (at the same time) as your spouse's H-1B petition (whether it's a new application, transfer, or extension).
4.Rights and Restrictions
As an H-4 visa holder, you have specific rights and face several restrictions.
Rights:
Reside in the United States for the duration of your spouse's valid H-1B status.
Study full-time or part-time at a U.S. institution (e.g., university, college).
Open a bank account, get a driver's license, and obtain a Social Security Number (SSN).
Own property and invest in the U.S.
Restrictions:
You cannot work in the United States unless you apply for and receive an Employment Authorization Document (EAD). See section below.
Your legal status is entirely dependent on your spouse's H-1B status.
5. H-4 EAD (Work Permit)
This is a critical benefit for many H-4 spouses.
Eligibility: You are eligible to apply for an EAD if your H-1B spouse:
Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, OR
Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This generally means the H-1B holder is in the 6th year or beyond of their H-1B status and has a pending PERM or I-140 for at least 365 days.
Application Process: You must file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS), along with the required fee and supporting documents.
Current Status: The H-4 EAD rule has faced legal challenges. While it remains in effect as of now, it is crucial to check the latest policy updates from USCIS before applying.
Validity & Extensions:
Validity Period: Your H-4 status is valid for as long as your spouse's H-1B status is valid. It will have the same expiration date as listed on their Form I-797.
Extensions: You can extend your H-4 status by filing Form I-539. This is typically done concurrently when your spouse's H-1B status is being extended. Your H-4 EAD must also be renewed separately before it expires.
6. Travel & Re-entry
H-4 Visa Stamp: To re-enter the U.S. after traveling abroad, you must have a valid H-4 visa stamp in your passport (unless you are only traveling to Canada or Mexico for less than 30 days under the "automatic revalidation" rule).
Required Documents: When traveling, you should always carry:
Your valid passport with the H-4 visa stamp.
A copy of your spouse's H-1B approval notice (Form I-797).
A copy of your marriage certificate.
(Recommended) A copy of your spouse's recent pay stubs or employment verification letter.
Independent Travel: You do not have to travel with your H-1B spouse. You can enter and exit the U.S. on your own, as long as you have the required documents and your spouse is maintaining their H-1B status.
7. Tips for H-4 Applicants
Be Prepared for the Interview: The visa interview is primarily to establish that your marriage is genuine (bona fide) and not just for immigration purposes.
Know Your Spouse's Details: Be prepared to answer questions about your spouse: their job title, their employer's name, their salary, and when you got married.
Organize Your Documents: Have all your original documents and their copies neatly organized in a file. This shows the consular officer you are prepared.
Answer Honestly and Confidently: Simply answer the questions you are asked clearly and truthfully. Do not provide extra information unless requested.
File Extensions on Time: Keep a close watch on your I-94 and H-4 status expiration dates. Filing for an extension late can cause you to fall "out of status," which has serious immigration consequences. Good Luck
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