If you are on an H1B visa, you can bring your spouse and children (under 21 years & unmarried) to the US. An H1B spouse visa, also known as an H-4 visa, allows you to live with your spouse and children in the US for the same duration as the validity of your H1B visa. Your spouse can stay with you and get authorization to work in the US through the H4 visa.
However, there are some eligibility criteria to get an H1B spouse visa, such as being legally married to your spouse, having valid H1B visa status, and holding a marriage certificate as proof.
This blog covers essential eligibility criteria for an H1B spouse visa, how to apply for an H1B spouse visa (from outside the USA/inside the USA), and how to get employment authorization for your spouse on an H4 visa. By reading this blog, you will hopefully stay well-informed on the essential components that comprise an H-4 visa.
What is an H1B spouse visa (H4 visa)?
The H1B spouse visa is a visa that allows H1B holders to stay with their legally married spouse and children in the US. The spouse can stay on an H4 visa as long as his/her spouse’s H1B visa is valid. The H1B visa is given to an individual who has at least a bachelor’s degree or equivalent to that and has specialty occupation knowledge. The H1B visa is initially valid for three years and can extend up to six years.
Eligibility criteria for H1B spouse visa
The H-1B spouse visa is meant for spouses who want to join their partners working in the US with valid H-1B visa status. There are some eligibility requirements that you need to meet to apply for an H1B spouse visa. Let’s take a closer look:
- The spouse must be legally married to the H1B holder.
- Children up to 21 (unmarried) can apply for an H1B spouse visa. But once they turn 21, they need to change their immigration status to another visa type like F-1, M-1, B-2, etc.
What does an H1B spouse visa allow?
H1B spouse visa allows principal H1B holder dependents to work and live in the USA for the same period as long as the H1B holder. For example, if the H1B holder visa is valid for three years, his/her spouse can also live in the USA for three years because the duration of stay is directly linked to the principal H1B holder visa. Likewise, if the H1B holder applies for an extension of the H1B visa, the spouse can also apply for an extension for the same period.
The spouse can work in the USA, but he/she has to first apply for an employment authorization document (EAD) to get approval for work. EAD allows spouses to work either full-time or part-time in any sector. The only thing that you need to keep in mind is that you are only eligible to apply for EAD when you have a valid H4 visa, and the principal H1B holder has applied for lawful permanent residence status. Once the EAD is granted, you get a social security number. Spouses can also study in the US full-time or part-time.
How to apply for an H1B spouse visa?
You can apply for an H1B spouse visa from within the US and outside the US. Let’s explore this.
Applying from within the US
If you are already in the US, you need to fill in a change of status form for an H1B visa. You need to apply before the expiration of your current visa. You must apply at least 45 days before the current visa expires.
Applying from outside the US
If you are outside the US, you can apply for the H4 visa from the US embassy, where your H1B spouse has applied. In case you have different nationalities, you can apply from your nation’s US embassy. Follow the below process to apply for the H4 visa from outside the USA.
- Fill the DS-160 form online
You need to fill in form DS-160 online. When you apply online, you get the DS-160 barcode. Keep the barcode confirmation page, and print it since you need to carry it for the visa interview.
- Pay fees
Next, pay the applicable visa fees, print the page, and keep it handy for the visa interview.
- Schedule a visa interview appointment
After filling out the DS-160 form, you must schedule your visa interview as early as possible to speed up the process. After scheduling the interview, you will get the confirmation letter. Place it with the documents you need to carry for the visa interview.
- Get ready for the document file
You will need to submit a set of documents for H4 visa approval. Make sure you collect all the required documents listed below:
- Filled DS-160 application form
- Valid passport
- Two photographs
- Payment receipt of application fee
- A copy of the principal H1b visa holder visa
- Marriage certificate
- Appear for the interview
After you submit the DS-160 form and the required documents, you will need to attend the visa interview to get an H4 visa. The interviewer may ask questions related to your marriage with the principal H1B visa holder to check if it is genuine, your intent of going to the US, etc. Prepare yourself well and answer truthfully. Your interview plays a significant role in determining your eligibility for an H-4 visa.
How to Apply for Employment Authorization?
To apply for employment authorization, you need to fill out form I-765 and submit it for approval. You can apply for an EAD only if you are in the US on a valid H4 visa. You must submit relevant documents, including a valid H4 visa and H1B visa of your spouse, along with application fees. It is important to know that premium processing is not available for EAD.
After you get EAD approval, you can start your job in the US and continue working as long as your spouse’s H1B visa is valid. You can also extend the validity of a work permit if your spouse’s H1B visa is extended.
Concluding lines
You can apply for an H4 visa and enjoy being together with your spouse in the US. You can enjoy this status so long as you comply with the eligibility requirements. An end-to-end immigration platform like Imagility helps beneficiaries with a whole range of visas, H4 included. Transparent and collaborative petition building with guided workflows helps beneficiaries track petition progress easily and on the go through mobile apps.
Call us at +1 603 782 4622/+1 617 865 6588.
For more info, visit us at www.imagility.co
