The H-1B visa is a popular option for professionals looking to work in the United States, allowing international workers to obtain vital experience while also contributing to the economy.
The H-4 visa allows family members of H-1B visa holders to join them in the U.S., but spouses are not automatically granted permission to work.
What is the H-1B Visa?
The H-1B visa allows US corporations to hire foreign workers for specialized positions that typically demand at least a bachelor’s degree.
This visa is valid for three years and can be renewed for another three, bringing the total stay to six years.
In addition to conventional jobs, the H-1B visa applies to individuals working in U.S. Department of Defense initiatives and exceptional fashion models.
The H-4 visa is for H-1B visa holders’ wives and unmarried children (under the age of 21). While this visa allows family members to reside in the United States, it does not automatically permit spouses to work.
Spouses may apply for work authorization if the visa holder is the primary beneficiary of an accepted Immigrant Petition for Alien Workers (Form I-140) or has specific safeguards under US immigration law.
What Employers and Employees Need to Know
For a company to hire a foreign worker under the H-1B visa, the position must be in a specialist sector and require specified qualifications, such as a bachelor’s degree.
The company must additionally file a Labor Condition Application (LCA) with the United States Department of Labor to demonstrate that the pay offered fulfills the norm for that position and will have no detrimental impact on US workers.
The employee must have the required education and experience, as well as a job offer from a U.S. corporation in a specialized occupation.
Family members seeking for an H-4 visa must submit proof of their link with the H-1B visa holder, such as a marriage certificate for a spouse or birth certificates for children. The H-1B visa holder must also maintain valid visa status.
The Application Process for H-1B and H-4 Visas: A Step-by-Step Guide
- H-1B Visa Process (Employer’s Role)
- File a Labor Condition Application (LCA):
The employer starts the process by submitting an LCA to the U.S. Department of Labor. This certifies that the wage offered meets the standard for the job and that hiring a foreign worker will not harm U.S. workers.
- Meet Legal Requirements:
The employer must also ensure all other legal criteria are met, such as proving the job is a specialized occupation requiring specific qualifications (e.g., a bachelor’s degree). - Enter the H-1B Lottery:
During the registration period, which typically begins in March each year, the employer registers the employee in the H-1B visa lottery system. This lottery determines which applicants are considered for the visa, as there is an annual cap. - File Form I-129:
If the employee is selected in the lottery, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This form includes all required documentation to finalize the application. - Receive Notice of Action (Form I-797):
Once the petition is approved by USCIS, the employee receives a Notice of Action (Form I-797), indicating that the H-1B visa application has been accepted. - H-4 Visa Process (For Dependents)
- Gather Required Documents:
Family members applying for the H-4 visa need to collect essential documents, such as passports, completed DS-160 visa application forms, and proof of their relationship to the H-1B visa holder (e.g., marriage certificates for spouses or birth certificates for children).
- Pay Visa Application Fee:
A non-immigrant visa application fee of $185 must be paid for each H-4 applicant. - Schedule an Interview:
After paying the visa fee, H-4 applicants must schedule an interview at the U.S. embassy or consulate in their country of residence. - Attend the Visa Interview:
During the interview, applicants will be asked about their relationship to the H-1B visa holder and their purpose of travel to the U.S. - Get the Visa Stamped:
If the interview is successful and the application is approved, the H-4 visa will be stamped in the family members’ passports, allowing them to join the H-1B visa holder in the U.S.
How H-4 Visa Holders Can Work
H-4 visa holders who desire to work in the United States must submit Form I-765 (Application for Employment Authorization) to USCIS.
They can only start working after getting an Employment Authorization Document (EAD), often known as Form I-766.
To avoid delays, USCIS recommends utilizing the most recent version of the form and submitting all required documentation.
There is a limit on the number of H-1B visas given each year, so candidates are chosen through a lottery method after the cap is reached.
If your application is not accepted, it will be kept in the queue for future chances. Processing times for H-1B and H-4 visas vary, however H-1B visas can be expedited for an additional charge.
Because the application process might be complicated, it is recommended that you speak with an immigration lawyer. Staying up to date on the latest USCIS standards will assist avoid delays and ensure a smooth procedure.
An H-1B visa allows foreign workers to get professional experience in the United States, whereas an H-4 visa allows family members to accompany them.
Understanding the visa process and requirements can help you submit a successful application.
