The H-4 visa is a dependent visa issued to the spouses and children (under 21 years old) of H-1B visa holders. It allows them to stay in the United States as long as the primary H-1B holder maintains valid status. Some H-4 spouses are eligible for an H-4 Employment Authorization Document (EAD), which permits them to work in the U.S.

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H-4 Visa Overview

Eligibility:

• The applicant must be a spouse or unmarried child (under 21 years old) of an H-1B visa holder.
• The H-1B holder must maintain valid status.

Application Process:

1. Form DS-160: H-4 applicants must fill out the DS-160 Nonimmigrant Visa Application Form online.
2. Visa Fee: Pay the H-4 visa fee (varies by country, typically around $190).
3. Schedule an Interview: If outside the U.S., schedule an interview at a U.S. embassy or consulate.
4. Submit Supporting Documents:
   • Valid passport
   • Marriage certificate (for spouses)
   • Birth certificate (for children)
   • Copy of H-1B holder’s visa, I-797 approval notice, and pay stubs
   • DS-160 confirmation page
5. Attend the Interview: Answer questions regarding the relationship with the H-1B holder.

Rights & Limitations:

✅ Can:

• Stay in the U.S. as long as the H-1B holder’s visa is valid.
• Study at U.S. educational institutions.
• Apply for an H-4 EAD (if eligible).

❌ Cannot:

• Work unless they obtain an H-4 EAD.
• Get a Social Security Number (SSN) unless they have work authorization.

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H-4 EAD (Employment Authorization Document)

Eligibility:

An H-4 visa holder is eligible for an H-4 EAD if their H-1B spouse:

1. Has an approved I-140 (employment-based green card petition), OR
2. Has extended H-1B status beyond the 6-year limit under AC21 Act (due to pending green card application).

Application Process:

1. Complete Form I-765 (Application for Employment Authorization).
2. Pay Filing Fee: $520 (effective April 1, 2024).
3. Submit Supporting Documents:
   • Copy of H-4 visa/I-94 record.
   • Copy of marriage certificate.
   • Copy of H-1B holder’s I-797 approval notice.
   • Copy of H-1B holder’s approved I-140 or proof of extended H-1B status.
4. Processing Time: 3 to 12 months (varies by USCIS workload).

Benefits of H-4 EAD:

✅ Can work for any employer (no sponsorship required). ✅ Can start a business or become self-employed. ✅ No annual cap or lottery system like H-1B.

Limitations:

❌ EAD is not valid if the H-1B spouse loses status. ❌ No premium processing (USCIS does not offer expedited processing for H-4 EADs). ❌ If denied, the applicant cannot appeal but can reapply.

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Recent Updates & Changes:

• Premium Processing for H-4 & EAD: As of January 2023, USCIS allows premium processing for H-4 extensions (Form I-539) and H-4 EADs (Form I-765), reducing wait times.
• Automatic EAD Extension: H-4 EAD holders may get 180-day automatic extensions if they apply for renewal before their current EAD expires.
• USCIS Processing Delays: Some applications have faced delays of 6-12 months.

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Conclusion

• The H-4 visa allows dependents of H-1B visa holders to stay in the U.S., but they cannot work without an H-4 EAD.
• H-4 EADs offer unrestricted work authorization but are only available to certain H-4 spouses.
• With recent processing improvements, H-4 and H-4 EAD holders may see faster approvals.

Would you like assistance with specific application steps or further details on recent updates?