An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder.[1] A dependent family member is a spouse or unmarried child under the age of 21.[2] If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services (USCIS).[3]
Family members may alternatively be admitted in other non-immigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B visa petition to employ the spouse. An H-4 visa holder is admitted to the U.S. for the duration of the primary (H-1B, H-1B1, H-2A, H-2B, or H-3) immigration status.[4]
A noncitizen with H-4 immigration status normally is not permitted to engage in employment in the United States but there is one important exception to this rule. All H-4 noncitizens are permitted to study in the United States.[5]
- ^ "9 FAM 402.10-14(A)". Retrieved April 28, 2021.
- ^ "9 FAM 102.8-2(A)". Retrieved April 28, 2021.
- ^ "Application To Extend/Change Nonimmigrant Status". USCIS. Archived from the original on October 9, 2013. Retrieved August 9, 2010.
- ^ Vasic, Ivan (2008). The Immigration Handbook: A Practical Guide to United States Visas, Permanent Residency and Citizenship. McFarland. p. 93. ISBN 978-0-7864-4009-2.
- ^ "9 FAM 402.10-14(C)". Retrieved April 28, 2021.
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