H1B and H4 Visas: Employment and Dependent Visas

The H1B and H4 visas are non-immigrant visas that facilitate the employment of foreign workers in the United States and provide residency for their dependents. The H1B visa is specifically for skilled workers, while the H4 visa is designated for their spouses and children. Understanding these visas is essential for anyone seeking employment opportunities in the U.S.

H1B Visa: Specialty Occupations

The H1B visa is intended for foreign nationals who wish to work in the United States in specialty occupations that require theoretical or technical expertise. Key features of the H1B visa include:

Eligibility Requirements:

Applicants must have a job offer from a U.S. employer for a position that requires specialized knowledge. Candidates must possess at least a bachelor’s degree or its equivalent in a relevant field. The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor, affirming that they will pay the prevailing wage for the position.

Duration of Stay:

The H1B visa is initially granted for up to three years, with the possibility of extension for a maximum of six years. Extensions beyond six years may be available for those with pending green card applications.

Work Authorization:

H1B visa holders are authorized to work only for the sponsoring employer. If they wish to change employers, a new H1B petition must be filed.

H4 Visa: Dependents of H1B Visa Holders

The H4 visa is designed for the spouses and unmarried children (under 21 years old) of H1B visa holders. Key aspects of the H4 visa include:

Eligibility Requirements:

Dependents must provide proof of their relationship to the H1B visa holder. H4 applicants must apply for their visas while the primary H1B visa holder maintains their status.

Duration of Stay:

H4 visa holders can remain in the U.S. for the same duration as the H1B visa holder and must maintain their status as dependents.

Work Authorization:

Certain H4 visa holders may apply for work authorization (Employment Authorization Document – EAD) if the H1B principal applicant has started the green card application process.

Application Process

The application process for H1B and H4 visas involves several key steps:

H1B Visa Process:

Employer Sponsorship: The U.S. employer must submit an H1B petition on behalf of the employee, including the approved Labor Condition Application.

Complete the DS-160 Form: The applicant must fill out the Online Nonimmigrant Visa Application form (DS-160).

Pay the Visa Fee: A non-refundable visa application fee must be paid.

Schedule a Visa Interview: Applicants must schedule an interview at a U.S. embassy or consulate.

Prepare for the Interview: Gather necessary documents, including the job offer letter, educational qualifications, and proof of the employer’s sponsorship.

H4 Visa Process:

Complete the DS-160 Form: H4 applicants must also fill out the Online Nonimmigrant Visa Application form (DS-160).

Pay the Visa Fee: A non-refundable visa application fee must be paid.

Schedule a Visa Interview: H4 visa applicants must schedule an interview at a U.S. embassy or consulate.

Prepare for the Interview: Gather necessary documents, including proof of the relationship with the H1B visa holder and the principal applicant’s H1B approval notice.

Important Considerations

Maintaining Status: H1B and H4 visa holders must comply with the terms of their visas to maintain legal status in the U.S.

Travel Restrictions: H4 visa holders may travel in and out of the U.S., but they must ensure their H1B spouse remains in valid status.

Changing Status: If an H4 visa holder wishes to work, they must apply for an EAD if eligible or change their status to another visa type that allows employment.

Conclusion

The H1B and H4 visas are vital for skilled workers and their families who wish to live and work in the United States. At Elite Visa Services, we provide expert guidance and support throughout the visa application process, helping you navigate the complexities and ensuring your application is well-prepared.

Contact us today to learn more about how we can assist you in obtaining your H1B and H4 visas and achieving your professional goals in the U.S.