Can children of a parent with an H1B visa also get their visas stamped in the US and come with them?
Stamping Visas for H1B Holder's Children in the US
Yes, children of a parent with an H-1B visa can also obtain their visas, which are known as H-4 dependent visas, and accompany their parent to the United States. Here’s the process for obtaining H-4 visas for dependent children:
Eligibility:
• Dependents: The H-4 visa is available to the spouse and unmarried children under the age of 21 of an H-1B visa holder.
Application Process:
1. Obtain Form I-797:
• Ensure the primary H-1B visa holder has an approved Form I-797, Notice of Action, which serves as proof of the H-1B status.
2. Complete DS-160 Form:
• Each dependent child must complete the DS-160, Online Nonimmigrant Visa Application form. This form is available on the Consular Electronic Application Center (CEAC) website.
3. Pay the Visa Application Fee:
• Pay the non-refundable visa application fee for each applicant. The fee amount can be checked on the US Department of State website.
4. Schedule a Visa Interview:
• Schedule an appointment for a visa interview at the nearest US embassy or consulate. Interviews are generally required for applicants aged 14-79, although this can vary.
5. Gather Required Documents:
• Each dependent child must have the following documents:
Valid passport
Completed DS-160 form confirmation page
Visa application fee receipt
Passport-sized photograph meeting US visa requirements
Copy of the primary H-1B holder’s Form I-797
Copy of the primary H-1B holder’s passport and visa
Proof of relationship (e.g., birth certificate for children)
Proof of the H-1B holder’s employment in the US (e.g., employment verification letter, pay stubs)
6. Attend the Visa Interview:
• Attend the scheduled visa interview with all required documentation. The consular officer will ask questions to verify the relationship and the purpose of the visit.
7. Visa Issuance:
• If approved, the H-4 visa will be stamped in the child’s passport, allowing them to travel to the US with or after the H-1B visa holder.
Entry to the US:
• Travel Together or Separately: Dependent children can travel to the US with the primary H-1B visa holder or separately, but they cannot arrive before the H-1B holder.
Important Considerations:
• Education: Children on H-4 visas can attend school in the US.
• Employment: H-4 visa holders are generally not authorized to work, although spouses may apply for work authorization under specific conditions.
Resources:
• USCIS - H-4 Visa
• US Department of State - Visa Information
By following the above steps, dependent children of an H-1B visa holder can obtain their H-4 visas and join their parent in the United States.
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