How to Get an American Work Visa and Family Visa: The H-1B and H-4 Visa Process
The United States remains a top destination for professionals aiming to elevate their careers in specialized fields. The H-1B visa is one of the most coveted work visas, allowing foreign professionals to contribute their expertise to the U.S. economy while gaining invaluable experience. An added perk of the H-1B visa is the ability to bring your family along through the H-4 visa.
This guide will walk you through everything you need to know about securing both the H-1B and H-4 visas, from understanding the basics to navigating the application process.
What Are the H-1B and H-4 Visas? – An Overview
H-1B Visa: The H-1B visa is a non-immigrant visa that permits U.S. companies to hire foreign workers in specialty occupations that require specialized knowledge, often in fields like IT, engineering, science, and medicine. The visa is typically issued for three years, with the possibility of extensions up to six years.
H-4 Visa: The H-4 visa is designed for the immediate family members (spouses and unmarried children under 21) of H-1B visa holders. While the H-1B visa holder works in the U.S., their family can join them under the H-4 visa. Although the H-4 visa does not automatically allow the spouse to work, they may apply for an Employment Authorization Document (EAD) under certain conditions.
Eligibility Criteria for H-1B and H-4 Visas
For the H-1B Visa:
Employer Requirements:
- The job must be in a specialty occupation requiring at least a bachelor’s degree.
- The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor to ensure fair wages.
- The employer must prove the financial capacity to pay the offered salary.
Employee Requirements:
- A bachelor’s degree or higher in a relevant field.
- Education and experience must match the job requirements.
- A job offer from a U.S. employer in a specialty occupation.
For the H-4 Visa:
- Spouse and Children:
- Eligible dependents include spouses and unmarried children under 21 years.
- Must provide evidence of the relationship (e.g., marriage certificate for spouses, birth certificates for children).
- The H-1B visa holder’s status must be valid.
Step-by-Step Application Process for H-1B and H-4 Visas
Part 1: H-1B Visa Application (Handled by the Employer)
- Secure a Sponsoring Employer: Obtain a job offer from a U.S. employer willing to sponsor your H-1B visa.
- Labor Condition Application (LCA): The employer files an LCA with the U.S. Department of Labor, ensuring compliance with wage standards.
- H-1B Registration: Your employer will register you in the H-1B lottery system during the annual registration period starting in March 2025.
- Petition Filing (Form I-129): If selected in the lottery, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Processing and Approval: USCIS reviews the petition, and upon approval, you receive a Notice of Action (Form I-797).
Part 2: H-4 Visa Application (For Dependents)
- Document Preparation: Gather necessary documents such as passports, DS-160 forms, marriage and birth certificates, the H-1B approval notice, and proof of financial support.
- Fee Payment: Pay the non-immigrant visa application fee of $185 per applicant.
- Interview Scheduling: Book visa interviews at the U.S. embassy or consulate in your home country.
- Attend Interviews: Bring all required documents to the interview and be prepared to discuss your relationship, travel purpose, and ties to your home country.
- Visa Issuance: Upon approval, H-4 visas will be stamped in your dependents’ passports.
Important Considerations
- H-1B Visa Cap: The H-1B visa is subject to an annual cap, with a lottery system to select applicants.
- Processing Times: Processing times for H-1B and H-4 visas can vary. Premium processing is available for H-1B visas at an additional cost.
- Consult an Immigration Attorney: Given the complexities of the process, consulting an immigration attorney is advisable.
- Stay Informed: Immigration laws and procedures are subject to change, so always check the latest USCIS guidelines or seek professional advice.
Bringing your family to the U.S. on an H-1B visa is a significant opportunity, allowing you to work in your chosen field while keeping your loved ones close. By understanding the H-1B and H-4 visa processes, eligibility criteria, and application steps, you can navigate the journey with confidence. Make sure to utilize job platforms to find a suitable position and consult professionals to ensure a smooth visa application process.
