Thursday, October 17th, 2024

How can spouses of H-1B visa holders work in the US? Understand the complete rules in simple language


How to get H-4 visa: Indians are running America's tech industry. If it is said like this then it should not be wrong. Most of the people coming to America from India work in the tech industry only. Many reports also confirm this. According to the Silicon Valley Central Chamber of Commerce, 40% of Silicon Valley CEOs and founders are from South Asia or India. Indians are also in leadership positions in companies like Google, YouTube, Microsoft and Intel.
America gives H-1B visa to Indians working in the tech industry. Through H-1B visa, American companies hire foreign workers with special skills. This visa is given to those who have a Bachelor's or higher degree. H-1B visa holders typically work in fields such as technology, engineering, finance, and architecture. However, very few people know that spouses of H-1B visa holders can also work in the US.

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What is the law regarding spouses of H-1B visa holders?

In fact, during the tenure of former US President Barack Obama, a law was enacted in 2015 to allow spouses of H-1B visa holders to work in the country. This is called the Employment Authorization for Certain H-4 Dependent Spouses regulation. Recently, the court was approached to stop this law, but the court upheld the law. Under the law, H-4 visa is given to husband and wife to work.

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What is H-4 visa, through which spouse can work?

The US government issues H-4 visas to people who are dependent on H-1B visa holders. This includes their spouse or unmarried children below 21 years of age. This visa allows them to come to America along with H-1B visa holders. They can stay in the US as long as H-1B visa holders have been granted a visa to stay. Under certain circumstances, H-4 visa holders can apply to the government to work. After this the government can also allow them to work.

What are the eligibility criteria for H-4 visa?

To get H-4 visa in America, some terms and conditions have to be followed. The eligibility criteria for H-4 visa are as follows:

  • Unmarried children or spouses of H-1B visa holders under the age of 21 are eligible for an H-4 visa.
  • H-1B visa holders should be allowed to live and work in America.
  • For an H-4 visa, the spouse must prove that the H-1B visa holder is able to support him or her.
  • To obtain an H-4 visa, the applicant must not have any criminal charges against him.

What is the fee for H-4 visa?

The government filing fee for H-4 visa is 205 dollars (17 thousand rupees). Before applying for a visa, the applicant should check the eligibility. He should collect all the necessary documents. After submitting the application, one has to give an interview for the visa and then go somewhere and get the H-4 visa.

How can work be done through H-4 visa?

To get a job in the US, H-4 visa holders must apply for an H-4 Employment Authorization Document (EAD). Your application can be submitted to USCIS by mail or online. EAD processing sometimes takes a few months. Once the EAD is approved, they receive the EAD card through post. Getting this card means that now H-4 visa holders can work legally in America.

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