Immigration

Srinivasa Reddy Kandi: H-4-visas-spouses-children-of-H1b-visa-holders.

February, 12, 2025-05:19

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H-4-visas-spouses-children-of-H1b-visa-holders:

For the spouses and children under the age of twenty-one of H-1B visa holders, there exists a specific visa category known as the H-4 visa. This allows them to reside in the United States alongside the primary H-1B visa holder for the duration of the H-1B worker's status. The same I-129 acceptance notification that applies to the primary applicant is also applicable to their dependents, who should promptly apply for their visas at the US embassy.

1.It is important to note that holders of an H-4 visa are not permitted to work in the United States. However, they are allowed to pursue educational opportunities while in the country.

2.To extend or modify their nonimmigrant status, spouses and children must complete and submit Form I-539, Application to Extend/Amend Nonimmigrant Status.

3.To initiate the application process for an H-4 visa, the applicant must complete the DS-160 form and submit it at a U.S. embassy or consulate. Applicants who have received a visa in the last 2-3 years and possess a clean immigration record may qualify for drop box submission.

4.When applying for an H-4 visa, it is essential for the applicant to present the original I-797 form of their H-1B spouse, along with recent pay stubs. Additional documentation may include a passport valid for at least six months, a marriage certificate (if applicable), a divorce decree (if relevant), joint bank statements, joint tax returns, property deeds, wedding invitations, wedding photographs, and children's birth certificates. If there are any criminal charges, the applicant must also provide all police and court records.

5.Alternatively, applicants can apply for an H-4 visa by changing their status from another non-immigrant visa category while in the U.S. In this scenario, they must prove that they have maintained valid non-immigrant status and plan to change their status before their current I-94 expires. It is crucial to refrain from submitting a change of status application within 90 days of entering the U.S. on a different visa.

6.For those applying for a change of status to H-4 within the U.S., they need to include a valid H-1B I-797 form from their spouse or parent, along with 2-3 recent pay stubs. The applicant should complete Form I-539 and any necessary supplements, along with the filing fee of $310.

Steps for H-4 EAD Application:

1.To qualify for an H-4 Employment Authorization Document (EAD), it is essential that both the applicant and the H-1B spouse maintain valid immigration statuses. This requires that both the H-4 I-94 and the H-1B I-94 are valid at the time of the application. The H-1B spouse must submit 2-3 recent pay stubs as evidence of their valid H-1B status.

2.To initiate the H-4 EAD application, the applicant must fill out Form I-765 and include two passport-sized photographs. Furthermore, the application package should contain the H-1B spouses approved I-140 form. The application fee for the H-4 EAD is set at $410.

Steps to Transition from H-4 Visa to H-1B Visa

1.If you hold an H-4 visa and fulfill the required criteria, you can transition to an H-1B visa while remaining in the United States. It is necessary for your H-4 I-94 to be valid, and your spouse must have a valid H-1B status along with a valid I-94. Your spouse will also need to provide 2-3 recent pay stubs to demonstrate their H-1B status.

2.The H-1B visa permits foreign nationals to reside and work in the United States in professional roles. The employment must be in a specialized area, and the foreign national should possess a degree equivalent to a U.S. bachelor's degree in that field. Typically, the H-1B visa is granted for an initial period of three years, with the option for extensions, allowing for a maximum duration of six years.

3.During the H-1B tenure, the U.S. employer may opt to sponsor the H-1B employee for a Green Card through the PERM (Program Electronic Review Management) process. This involves securing labor certification from the U.S. Department of Labor and subsequently applying for permanent residency.

4.For cases subject to the H-1B cap, which require participation in the H-1B visa lottery, registration with the U.S. Citizenship and Immigration Services (USCIS) must occur between March 1 and March 20. A registration fee of $10 is necessary to enter the lottery. If your application is chosen, you will need to submit the full H-1B petition within 90 days of receiving the selection notice. Meeting these deadlines is crucial for participating in the H-1B visa lottery and for filing the petition if selected.

5.Each year, around 65,000 H-1B visas are available for foreign workers seeking employment in the United States. Additionally, there are 20,000 H-1B visas reserved for individuals with U.S. Master's degrees or higher from accredited public or non-profit institutions. This results in a total of 85,000 H-1B visas issued annually, creating opportunities for skilled professionals to contribute to the U.S. workforce.

6.It is essential to understand that H-1B transfers, extensions, and amendments can be filed at any time, as they are not subject to the H-1B visa lottery.

7.Employers with fewer than 25 employees are required to pay a fee of $1,710 to U.S. immigration authorities. Conversely, employers with more than 25 employees must pay a fee of $2,460. Furthermore, employers with over 50 employees, where at least 50% of the workforce holds H-1B or L-1 visas, are subject to an additional fee of $4,000. This fee addresses concerns regarding the potential displacement of U.S. workers.

8.Once you submit a valid H-1B visa petition to the appropriate USCIS Service Center, you can expect to receive the H-1B Receipt Notice within 2 to 3 weeks. This notice confirms that your petition has been received and is under review by USCIS.

9.For H-1B Premium processing, cases can be expedited within two weeks for an additional fee of $2,500.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.