Unlocking H4 Visa Work Opportunities in the U.S

Outline

Unlocking H4 Visa Work Opportunities in the U.S

May 29, 2024

Although there might be a possibility for a third round, as some law firms predict, the H1B visa lottery is largely coming to an end. What does this mean for those selected? Essentially, it ensures that you have legal working status in the U.S. for at least the next 6 years. Apart from the right to work in the U.S., what other advantage can an H1B holder gain? One of the primary benefits, besides the right to work, is the opportunity for H1B holders to bring their spouses to access H4 Visa Work Opportunities in the U.S.

Legal Rights of H4 Visa Holders

As an H1B visa holder, your spouses and children are entitled to apply for an H4 visa, affording them a range of rights in the U.S.:

Legal Residency: H4 visa holders are granted lawful permission to reside in the U.S. while their family member holding an H1B visa is employed. Maintaining this legal status necessitates compliance with the terms and conditions of the H4 visa.

Educational Opportunities: H4 visa holders typically have the option to enroll in academic or vocational courses on a part-time basis in the U.S. This allows them to pursue educational endeavors to augment their skills and knowledge.

Access to Healthcare: Many H4 visa holders can avail themselves of healthcare services in the U.S. through employer-sponsored health insurance plans or alternative options.

Driver’s License Eligibility: In numerous states, H4 visa holders are eligible to apply for a driver’s license, enabling them to lawfully operate a vehicle in the U.S.

Travel Privileges: H4 visa holders retain the ability to travel into and out of the U.S. However, it’s essential to consider the timing of travel to align with the employment and visa status of their H1B family member.

Employment Authorization (EAD): Under specific circumstances, H4 visa holders may be eligible for Employment Authorization Documents (EAD). This permits them to work legally in the U.S., typically when their H1B family member is in the process of obtaining permanent residency (green card).

Protection against Discrimination: H4 visa holders are safeguarded against discrimination based on their nationality or immigration status. They possess the right to work and live free from harassment or prejudice.

Access to Legal Representation: H4 visa holders have the entitlement to seek guidance from an immigration attorney or legal professional to comprehend their rights, alternatives, and any alterations in immigration policies.

It’s important to note that while H4 visa holders have certain rights, their ability to work and other privileges can be subject to specific conditions and eligibility criteria.

Navigating H4 Visa Work Opportunities

Although H4 visa holders have the option to apply for an EAD card, this is contingent upon the H1B holder initiating their green card application process, specifically after their I-140 has been approved. Depending on the employer and individual circumstances, this process can range from 6 months to over 2 years after the activation of the H1B status. Meanwhile, H4 visa holders are only permitted to study part-time.

Honestly, this scenario is less than ideal. Relying on a sole income becomes nearly unfeasible in today’s economic climate. Many H4 visa holders are equally skilled and educated individuals who are keen to contribute, not only to their immediate families but also to the broader society in which they reside. However, due to the constraints and restrictions of the H4 visa, their options are limited. If you find yourself in this predicament, what alternatives do you have?

H-4 EAD FREQUENTLY ASKED QUESTIONS (FAQ)

Your employment authorization typically aligns with the expiration date of your H-4 nonimmigrant status. Even if your H-1B spouse’s extension under AC21 §§ 106(a) and (b) covers only a portion of the full validity period, USCIS might still approve your employment authorization for the maximum duration permitted. In such cases, if your H-1B spouse’s extension is granted under AC21 §§ 106(a) and (b), you would qualify for employment authorization as long as your H-4 status remains valid.

No, this isn’t a singular chance. If you’re an H-4 nonimmigrant with employment authorization under 8 CFR 274a.12(c)(26), you can apply to extend your employment authorization and receive a fresh EAD as long as you continue to qualify for employment authorization as outlined in 8 CFR 214.2(h)(9)(iv).

Indeed, you need to be physically present in the United States to seek employment authorization. Eligibility for employment authorization hinges on being in H-4 status, which isn’t feasible for someone outside of the United States.

To meet the criteria for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have obtained H-1B status under sections 106(a) and (b) of AC21 or be the recipient of an approved Form I-140. If USCIS withdraws the Form I-140 petition, your H-1B spouse no longer holds approved Form I-140 beneficiary status. Consequently, you would not meet the requirements for employment authorization based on that criterion. However, you may still qualify for employment authorization if your H-1B spouse has received a stay extension under sections 106(a) or (b) of AC21.

To be eligible for employment authorization under your H-4 status, your H-1B spouse must have attained H-1B status under sections 106(a) and (b) of AC21 or be the recipient of an approved Form I-140. USCIS doesn’t mandate that the approved Form I-140 be filed by your spouse’s current employer or by the same employer who submitted your H-1B spouse’s Form I-129, Petition for a Nonimmigrant Worker.

We reserve the right to withdraw your employment authorization if your H-1B spouse no longer holds an approved Form I-140 or is ineligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must maintain your nonimmigrant status for you to meet the criteria for employment authorization under 8 CFR 274a.12(c)(26).

Certainly. If you receive employment authorization based on your H-4 status, your authorization is unrestricted. This implies that it’s not confined to a particular employer and doesn’t forbid self-employment or entrepreneurship.

Employment authorization granted under H-4 status according to 8 CFR 274a.12(c)(26) is without limitations. This authorization doesn’t forbid self-employment, including instances where the H-4 nonimmigrant employs individuals as staff for their business.

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