What Are the Options for an H4 Visa Holder?

An H-4 visa is a non-immigrant visa granted to the immediate family members (spouse and children under 21) of H-1B visa holders. The options available to an H-4 visa holder depend on their personal circumstances, but some of the key options include:

1. Work Authorization (H-4 EAD):

• In certain cases, H-4 visa holders can apply for an Employment Authorization Document (EAD), which allows them to work in the U.S. This is available to:

o Spouses of H-1B visa holders who have an approved Form I-140 (Immigrant Petition for Alien Worker) or are in the process of obtaining permanent residency (green card).

o The H-4 EAD allows the holder to work for any employer, and it is not job-specific or employer-specific.

2. Study in the U.S.:

• H-4 visa holders can attend school or university in the U.S. without the need for additional visas. They can enroll in both full-time and part-time education programs, including degree and non-degree programs.

3. Change of Status:

• If an H-4 visa holder wishes to work or change their status, they can potentially apply for a different visa. For example, an H-4 visa holder may apply for an H-1B visa if they find an employer willing to sponsor them, or they may apply for a student visa (F-1) if they want to pursue higher education and work in the U.S.

4. Travel Outside the U.S.:

• H-4 visa holders are allowed to travel internationally. However, they must ensure that their visa remains valid for reentry into the U.S. If the H-1B principal visa holder’s status changes or expires, the H-4 visa holder may face issues re-entering.

5. Dependent of H-1B and Green Card Process:

• An H-4 visa holder is eligible to remain in the U.S. as long as the H-1B principal visa holder maintains their status. Additionally, if the H-1B holder is in the process of obtaining a green card, the H-4 holder may be able to adjust status as well if their spouse gets permanent residency.

6. Spouse of H-1B and Impact on Duration:

• H-4 holders are allowed to remain in the U.S. for the duration of the principal H-1B visa holder’s stay, with the possibility of extensions or changes depending on the status of the H-1B holder (for example, if they transition to a green card or extend their visa).

7. Seek Legal Counsel:

• Due to potential changes in policies, H-4 visa holders should consider consulting an immigration lawyer to explore their rights and opportunities for work, study, or permanent residency.

These are just some of the primary options available to H-4 visa holders. Specific eligibility and procedures may vary depending on the individual case.