H4 Visa Explained: What is it?

Key Takeaways:

H4 visa is for dependents (spouse and children under 21) of H1B visa holders to join them in the US.
Steps to apply for the H4 visa include online application, paying fees, scheduling an interview, and providing required documents.
The visa interview determines if the relationship is genuine, and if approved, visa stamping is required before traveling to the US.

Are you or someone you know eagerly looking to join a loved one working in the United States? The H4 visa might just be the golden ticket you’re searching for! Designed specifically for the spouses and young children of H visa holders, this particular visa acts as a bridge, connecting families and allowing them to live together in the US. Striking the balance between hope and process, obtaining an H4 visa is a step-by-step journey that reunites families and turns the American dream into a tangible reality.

Dive Right Into

Before embarking on this journey, it’s essential to understand the nitty-gritty details and prepare for the path ahead. From filling out the crucial DS-160 form online to attending the all-important visa interview, the process demands attention to detail and clear intent. In this guide, you’ll be walked through each key phase – applying, paying fees, scheduling interviews, and the comprehensive document checklist – aimed at helping you navigate the terrain smoothly. Read on to discover how you can successfully apply for your H4 visa, clear the interview with confidence, and take that huge leap towards creating new family memories in the United States.

H4 Visa Overview

The H4 visa is designed specifically for immediate family members (spouse and unmarried children under the age of 21) of H1B visa holders, allowing them to live in the United States with the H1B visa holder.

Steps to Apply for an H4 Visa

1. Complete the Online Application

Fill out Form DS-160: You can complete Form DS-160 online. When initiating the H4 visa application process, you will receive a DS-160 barcode. It is essential to:
Preserve the barcode confirmation page
Print it out
Bring the printed confirmation page to the visa interview

2. Pay the H4 Visa Fees

The fee for the H4 visa is $205, consistent with other H type visas. Remember to:
Pay the fee
Keep the payment receipt for future reference during your application

3. Schedule a Visa Interview Appointment

Book your interview early: After submitting the DS-160 form, promptly schedule your visa interview appointment with the US Embassy or Consulate where you are applying. A prompt scheduling can help expedite the application process. Make sure to:
Save the confirmation letter you receive after scheduling the interview for later use

For more detailed instructions and official information, always refer to the official U.S. visa information and appointment services website.

H4 Visa Document Checklist

To apply for an H4 visa, you must compile the following documents:

Filled DS-160 Application Form: Complete and submit the online form.
Valid Passport: Ensure your passport has at least one blank page.
Two US Visa Photographs: Adhere to the specific size and requirements.
Visa Application Fee Receipt: Proof of payment for the $160 nonimmigrant US visa application fee.
Primary H Visa Holder’s Visa Photocopy: A copy of the current visa of the H1 visa holder.
Key Forms and Letters: Include photocopies of:
Your spouse’s/parent’s I-129 form.
The I-797 form.
The Labor Certification Application (LCA).
Passport Copy of Spouse/Parent: A clear copy showing a photo.
Letter of Employment: A document from your spouse’s/parent’s employer in the US.
Work Experience Letters: Copies of previous work-related documentation for your spouse/parent.
Financial Documents: This includes recent pay stubs and tax filing information if your spouse/parent is already employed in the US.

For children of the H visa holder, you must submit:

Original Birth Certificate: Confirms your relationship with the H visa holder.

Marriage Proof is crucial if you are a spouse. Since visa fraud is a concern, the following may serve as evidence of a legitimate marriage:

Marriage Certificate: Documentation of marriage in accordance with your home country’s law.
Evidence of a Genuine Wedding:
Wedding photographs showing both partners.
Wedding DVD (if applicable).
Wedding invitations.
Guest list from the wedding.
Receipts for wedding expenses.
Honeymoon or post-marriage trip bookings.
Registrar Marriage Proof (if applicable):
Signed wedding registrar affidavit.
Photos of signing the marriage certificate.
Witnesses and ceremony conductor photos.

The Visa Interview Process

After submitting your application and required documents, the next step is the visa interview. The aim of the interviewers is to assess:

The authenticity of your relationship with the H visa holder.
Your intentions for traveling to the US.

Be prepared to discuss:

Your plans while in the US.
Your relationship with your spouse or parent.
Assurance that you do not intend to engage in illegal activities.

The interview is a decisive factor for the issuance of the H4 visa.

Visa Status and Stamping

Once you have completed your interview, you can monitor the status of your visa application through the US Embassy’s website by entering your application number. If your H4 visa is approved, the Embassy will notify you about the next steps, which include visa stamping – the final stage before you can plan your travel to the US.

If you’re applying from outside the US, submit your application at:

The US Embassy where the primary H visa holder applied.
Your home country’s US Embassy if of different nationalities.

Applicants within the US can file an application via the US Citizenship and Immigration Services (USCIS).

Entry into the US

Holding an H4 visa or any other US visa does not automatically guarantee entry into the US. The decision rests with the port entry officers and the Department of Homeland Security. After careful consideration, if deemed permissible, you will be allowed to enter the US.

H4 Visa Processing Time Variations

The time it takes to process an H4 visa varies from country to country and is dependent on the main H type visa holder’s application timeline—typically your spouse or parent. If you are applying simultaneously with the principal H type visa applicant, such as an H-2A visa holder, the processing times for both visas will generally align.

Joint Application: Your H4 visa processing coincides with the principal applicant’s visa timeline.
Separate Application: If you apply at a different time, your visa processing is determined by the US Embassy’s current workload.

Duration of Stay with an H4 Visa

On obtaining an H4 visa, the validity period matches that of the principal H type visa holder’s status, as indicated by their I-797 form.

Validity Period: If the principal visa is valid for 3 years, your H4 visa will also be valid for 3 years, defining the duration of your stay in the US.

H4 Visa Extension Eligibility

You can apply for an H4 visa extension if the primary H type visa holder seeks an extension. The required application is Form I-539, Application to Extend/Change Nonimmigrant Status, along with:

Your latest Form I-94 copy
Your spouse’s or parent’s latest Form I-94 copy
Copies of their I-129 form, I-797 form, and notice of approval
Proof of relationship (e.g., marriage or birth certificate)

Preparing for the H4 Visa Interview

It is crucial to prepare for the interview to ensure a stress-free experience. Below are common questions in three categories that you may encounter during the H4 visa interview process.

Personal and H4 Visa Purpose Questions

Desired visa type
Reason for H4 visa application
Appointment scheduling process and document preparation
Timing of the application relative to spouse’s US arrival or marriage
Plans in the United States, including employment intentions
Existing family connections within the US
Current residence and living situation in the home country
Plans for residence and financial support in the US

Marriage-Related Questions

Proof of legal marriage
Circumstances of meeting and engagement
Details about the marriage (duration, type, registration, cost)
Wedding particulars like pictures and invitation
Honeymoon details

Spouse-Related Questions

Spouse’s personal and professional background
Information about the spouse’s job, employer, and financial stability
Spouse’s education and visa status, including a possible green card

By thoroughly preparing for these questions, you can increase your chances of a successful visa application.

Rights and Possibilities as an H4 Visa Holder in the US

Changing Status

Eligibility for Other Visas: If you come across a job opportunity, you can pursue a different visa type for which you qualify. For example:
If you secure a non-agricultural, temporary job, you may be able to change your status to an H-2B visa.

Pursuing a Green Card

Dual Intent: H4 visa holders can indeed apply for a Green Card since most H type visas offer dual intent, allowing you to hold both non-immigrant and immigrant statuses.
Long Wait Times: However, transitioning directly from an H4 to a Green Card can result in prolonged waiting periods.
Faster Processing with H-1B: A strategic approach is to first change your status to an H-1B visa, which could expedite the Green Card process, potentially reducing your wait time.

Academic Enrollment

Educational Opportunities: Being on an H4 visa allows you to enroll in academic programs, receiving similar benefits to F-1 visa students.
Switching to F-1 Visa: Should you get accepted into a U.S. academic program as an F-1 student, you have the option to change to the F-1 visa.

Financial Activities

Opening a Bank Account: As an H4 visa holder, you can open a bank account by providing necessary identification such as your passport and local ID card.

Driving License

Obtaining a Driver’s License: You are eligible to apply for a driver’s license in the U.S. Passing the required tests entitles you to legally drive.

Healthcare Access

Health Insurance: While not obligatory, obtaining health insurance is advisable to help cover healthcare costs due to the high expenses that may arise from illness or accidents.

Tax Identification

ITIN for Non-Employed H4 Visa Holders: Those not working under H4 status can’t receive a Social Security Number (SSN), but can obtain an Individual Taxpayer Identification Number (ITIN) for tax purposes.
SSN for Employed Individuals: If you gain employment, you will then need to apply for an SSN.

Employment Authorization

H4 Visa Work Authorization: Until 2015, employment on an H4 visa was not permitted. However, post-2015 changes now allow H4 visa holders to work if they meet the requirements set by the H4 Employment Authorization Document (EAD) program.

By familiarizing yourself with these various aspects, you as an H4 visa holder can navigate and make informed decisions about your presence in the US. Always ensure to follow the official guidelines provided by U.S. Citizenship and Immigration Services (USCIS) when considering any changes to your visa status. Official information can be found on the USCIS website.