H4 Visa for Family of an H1 and H2 Visa Holder

An H4 visa may be obtained by an H1B, H1C, H2A, H2B or H3 visa holder’s spouse and minor children. An H4 visa holder may remain in the US as long as the H visa holder remains in legal status. The spouse and unmarried minor children of the beneficiary are entitled to H nonimmigrant classification, subject to the same period of admission and limitations as the beneficiary, if they are accompanying or following to join the beneficiary in the United States.

An H4 visa holder may change his or her status while in the U.S.

H-4 Visa Requirements

The H visa holders whom the H-4 visa holder with accompany are all allowed to come to the U.S. under the supervision and sponsorship of an employer or training program.  The H-4 visa requirements include the initial qualifier that the primary visa holder must have an approved sponsorship and an approved Petition for Nonimmigrant Worker form before the accompanying dependents can file for their own visas.

H-4 Visa Fees and Costs

The H4 visa costs include the visa application of $131.00, passport fees which vary from country to country, and the costs of the primary H visa holder.

H-4 Visa Documents Needed

An H4 visa holder may not accept employment. He or she must obtain a work visa to do so, but H4 visa holders may engage in full or part time study. H4 visa requirements include providing evidence of the relationship with the primary H visa holder.  The following H4 visa documents are possible types of documents to evidence the familial relationship:

• Official long form birth certificate for children of the F-1 visa holder
• Marriage certificate for spouse of the F-1 visa holder
• If either spouse has been married before, divorce documents are needed
• If either spouse was widowed in the past, the death certificate of the spouse who died

Help from an Immigration Lawyer

The H-4 visa process can be a complicated process because you will need to provide sufficient documentation to prove your relationship to the primary H visa holder and that applicant will have to convince the USCIS officials that none of you are intending to stay in the U.S. once your visa expires.  An experienced immigration attorney can help you assemble the necessary documents and make the strongest arguments to improve your chances of successfully completing the H and the accompanying H4 visa application process.