Many visa holders are eager to come to the United States but don’t want to leave their families behind in their home countries. So the U.S. Congress created H-4 visas. If a spouse or child obtains an H-4 visa, they can accompany their immediate family member to the U.S. and live with them.

However, there are specific requirements for the H-4 visa. This article explains who’s eligible for an H-4 visa, how you get the visa and the H-4 visa processing time.

What is the H-4 visa?

The H-4 visa is a specialized U.S. visa category for the spouses and unmarried children under 21 years of age of individuals holding the following visas:

• H1-B visas: workers in specialty occupations with at least a bachelor’s degree
• H1-B1 visas: nationals from Chile and Singapore
• H1-C visas: foreign nurses who work in health specializations with a personnel shortage
• H2-A visas: temporary or seasonal farmworkers
• H2-B visas: temporary non-agricultural workers
• H-3 visas: foreign trainees and special education exchange visitors

The H-4 visa is tied to the primary visa holder’s status. The H-4 holder may live in the U.S. for the duration of their spouse’s or parent’s approved stay. If the visa of the spouse or parent expires, so does the H-4 visa. Or if the spouse or parent receives a visa extension, so does the H-4 holder. 

Additionally, H-4 visa holders can enroll in U.S. schools, colleges or universities, and some spouses may work. To be eligible for employment, the primary visa holder must have either: 

• An approved Form I-140, Immigrant Petition for Alien Workers or
• An H-1B visa that’s been extended beyond the standard period of six years

The spouse must file Form I-765 to apply for an employment authorization document (EAD) before they may begin working.

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H-4 visa requirements

For an individual to qualify for an H-4 visa, they must be the spouse or unmarried child under age 21 of an individual with a valid H series visa.

Additionally, you’ll likely need proof of your relationship, such as a marriage or birth certificate, as well as evidence that the H visa holder can financially support the dependent.

How do I get the H-4 visa?

You can apply for the H-4 visa with the primary visa holder when they enter the U.S. or any time after their arrival into the country. The steps to obtain an H-4 visa generally include the following.

1. Complete and submit the paperwork

Fill out Form DS-160, Online Nonimmigrant Visa Application, and pay the application fee, which is currently $205. When you submit your DS-160, you’ll receive a confirmation page with a barcode. Print this out, as you’ll need it for your interview. 

2. Gather all required documents

You also typically need the following for your interview:

• Your DS-160 confirmation page and barcode
• Your passport
• Your application fee payment receipt
• Passport-sized photos of you
• Evidence of your relationship to the primary visa holder (such as a birth certificate or marriage certificate) 
• A valid Form I-797 with approval notice of the primary visa holder

3. Schedule a visa interview

Use your country’s U.S. consulate or embassy’s website to book an appointment. Depending on your country of residence, you may need to wait for an available slot. 

4. Attend the interview

Go to the U.S. embassy or consulate where you booked your appointment. A consular officer will interview you and the primary visa holder to determine whether you qualify for the H-4 visa.

5. Wait

The consulate will process your application. Expect the process to take several months.

6. Receive a response

If the United States Citizenship and Immigration Service (USCIS) approves your application, you’ll receive a letter notifying you of the decision. You can then visit a U.S. embassy, where consular staff will affix the H-4 visa sticker to your passport. If you receive a denial notice, you can try to reapply for the visa. 

7. Travel to the United States

With your H-4 visa, you can enter the U.S. anytime during the effective period of the visa. However, the visa doesn’t guarantee entry. The U.S. Customs and Border Protection officer at the port of entry has the final say.

H-4 visa processing time

Predicting the exact processing time for an H-4 visa application is difficult, as each case is unique. A current rough estimate is between three and five months from the date of application. However, several factors may affect the processing of your application, including:

• The U.S. consulate’s workload. Delays may occur if the consulate is handling a high volume of applications.
• Your country of application. Some countries might experience longer or shorter processing times due to various reasons. Examples include the home country’s relationship with the U.S., its computer systems, language barriers and cultural considerations. 
• The complexity of your case. Requests for additional documentation or extensive background checks may prolong the timeline.
• Premium processing for H series visa. If the primary H-1B, H-2B or H-3 visa holder opts for premium processing, it can expedite the H-4 processing even though the H-4 visa doesn’t have a premium processing option. 
• Individual variability. Each application is unique, and the details of your background—such as any criminal history and prior interactions with USCIS and customs officials—may impact how long it takes to process.

How an attorney may help

You don’t need an attorney to apply for an H-4 visa. That said, some people find an immigration lawyer to be helpful. For one, an attorney can help decipher the endless rules and regulations of immigration law. In addition, their legal experience may help streamline the application process, ensure accuracy in paperwork and address any unexpected complications or queries from immigration officials.