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H-4 Visas for H-1B Dependents

March 29, 2019 by Sarah Murphy-Holroyd Leave a Comment

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If you have H-1B status in the US, your spouse and children are likely eligible for H-4 Dependent status.  Over 136,000 H-4 visas were issued in 2017! H-4 visas allow spouses and children of H-1B holders to enter and lawfully stay in the US, to prevent the separation of families while the H-1B holder is working in the U.S.

If your spouse and/or children are in the US with a valid status when you receive your H-1B, they can apply to change their status to H-4.  They will maintain a legal status during the pendency of their change of status application.  If your spouse and/or children are outside of the US and want to obtain an H-4 visa, they can apply at the US consulate in their home country.  After being granted H-4 visas, they can enter and live in the U.S. as H-4 dependents throughout their granted validity period.

The length of H-4 status is dependent on the H-1B holder’s validity period.  The H-4 will only be granted until the end of the H-1B’s validity period, because H-4 status is dependent upon the primary H-1B holder maintaining a valid immigration status. 

A dependent on H-4 status may attend school.  Some H-4 dependents may receive work authorization.  If the primary H-1B holder has started their employment based green card process (and has an approved I-140), then their H-4 spouse is eligible to file for employment authorization.  If this is not the case, however, the H-4 dependents may not be employed in the U.S.  

Unfortunately, the future is uncertain for H-4 holders who want to obtain employment authorization.  In 2017, the Trump administration issued an Executive Order stating their intent to revoke the ability of certain H-4 spouses to get employment authorization.  No specific action has been taken yet, but the administration has not backed down from its intent. 

To ensure that your family can obtain their H-4 status, contact Maged & Rost today!

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