An H-1b visa is a popular employment-based visa that temporarily allows U.S. companies to employ foreign workers in specialty occupations. Many H-1b visa holders wish to bring their family members to the U.S. during their stay. This article will provide an overview of the options available for H-1b visa holders to have family members accompany them.

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today. 

Who Qualifies as a Family Member of an H-1b Visa Holder?

The following relatives may be eligible to attend an H-1b visa holder to the U.S. as dependents:

• Spouse

• Unmarried children under 21 years old

• Unmarried children over 21 who have a permanent physical or mental disability

H-4 Visa for Dependents

The most common visa used by dependents of H-1b holders is the H-4 visa. This allows qualifying family members to legally live and remain in the U.S. to accompany the H-1b visa holder.

H-4 visa holders are allowed to:

• Live in the U.S. with the H-1b visa holder

• Attend school 

• Obtain a Social Security Number 

• Open bank accounts and obtain credit cards

• Obtain a driver’s license

However, H-4 visa holders are not allowed to legally work in the U.S. unless their spouse has an approved Form I-140. 

Eligibility Requirements for an H-4 Visa

To qualify for an H-4 visa, the following requirements must be met:

• A valid H-1b has been approved or is pending

• A relationship as a spouse or under 21-year-old child can be demonstrated through birth/marriage certificates

• The H-4 dependent has proof of sufficient funds to cover living expenses

• Medical examination records are provided

• Other supporting documents are submitted as requested

The first step is for the H-1b worker to have their visa petition approved. Once approved, family members can apply for H-4 status. H-1B visa applications are submitted to the USCIS with all required documentation. If approved, further application to the U.S. consulate or embassy is required.

How Long Can Family Members Stay on the H-4 Visa?

H-4 visas are valid for the principal H-1b worker’s authorized validity period. Generally, like the H-1b principal, they are approved for increments of up to 3 years initially, with extensions allowing up to 6 years total, with some excpetions. For example, if the H-1b principal is on a cap-exempt H-1b, or if the H-1b principal beneficiary has an approved I-140 or a PERM application that has been pending for more than 365 days, then they are not subject to the 6 year maximium.

If the H-1b visa holder changes employers or transitions to another long-term visa, like an employment-based green card, the H-4 visa holders can also transition. Their statuses are dependent on the primary visa holder.

Green Card Application Options for H-4 Visa Holders

The H-4 visa is dual-intent, meaning that H-4 visa holders are eligible to apply for lawful permanent resident status (green card).

Primary H-1b Holder Applies for Green Card

If the primary H-1b visa holder applies for permanent residency, then the dependent holders can be included at the same time the principal beneficiary files the final stage (either immigrant visa processing or I-485 filing).

Eligibility Through Employment Authorization

In certain situations, an H-4 dependent may apply for temporary employment authorization under discretionary approvals from USCIS. The H-4 visa holder may be able to apply for a green card through their employer, if they will sponsor them. This only applies to certain H-4 dependents whose spouses have approved Form I-140 Immigrant Petitions.

Common Challenges and Solutions for Families

Despite a better quality of life often found in the U.S., challenges can arise for families adjusting to a different country. Here are some top difficulties and ways an H-1b visa immigration lawyer can guide clients through them:

Obtaining Healthcare

Limited access to healthcare, and being ineligible for benefits through U.S. employers is difficult. An H-1b visa lawyer can explain affordable insurance options for dependents. Many families choose to pay out-of-pocket for checkups and use travel medical insurance for emergencies initially. Over time, more suitable solutions arise once permanent residency is established.

Coping With Separation from Family Back Home

Having no extended family around for emotional or childcare support can worsen culture shock and loneliness. An H-1b visa immigration attorney can connect clients with expat networks and resources in the local community for support. Opening communication channels with relatives to get daily encouragement is also helpful.

Language Barriers Leading to Isolation

Lacking strong English skills prevents H-4 dependents from building relationships and participating fully in American society in some cases. Legal advisors can find low-cost or free English classes run through nonprofits to boost fluency for all family members. Getting involved in cultural associations is another great possibility.

Making the Move Together With Confidence

The opportunity to gain experience in America provides career and life prospects beyond what may have been possible in an H-1b visa holder’s home country. Fulfilling this alone without a supportive family beside you certainly dampens the promise. Thankfully, current U.S. immigration law makes it achievable for H-1b workers to have their dependents accompany them in most cases.

Retaining an H-1b visa immigration lawyer versed in dependent petitions gives you the best shot for an approved application on your first attempt. Relying on their wealth of experience to compile winning documentation and guide you through interviews instills peace of mind. They assist with every detail, from paperwork to logistics for newly arriving relatives.

Leverage these qualified legal advisors to make the international relocation with your whole family successful.

H-1B Visa Immigration Lawyers Are Your Ally

Don’t navigate the confusing bureaucracies for employment and dependent visas without backing from immigration lawyers knowledgeable about all technical components. Communicate your circumstances transparently so H-1b immigration attorneys develop strategies guaranteeing the most frictionless progress through each incremental stage. Monitor news on changes around immigration reform bills and ask your legal eagles to interpret the impacts on your situation.

Maybe you only intend to stay working in America through your initial 3-year H-1b visa. Perhaps you desire to extend up to the maximum 6-year stay, seeking advancement in your specialty occupation. Or, you may have long-term plans to make the U.S. your permanent home. Whatever the objectives for your family, establish reliable partnerships with visa attorneys ready to champion you all through the finish line.  

Frequently Asked Questions from Families

Many questions arise for families related to bringing dependents with an H-1b visa worker. Here are answers to some of the most common queries.

1. Can My Spouse And Children Travel Outside The U.S. Once They Are Here On The H-4 Visa? 

Yes, H-4 visa holders can generally travel outside the U.S. and be re-admitted with the proper documentation. However, it is best to consult an immigration attorney before planning lengthy trips.

2. Can My Children Go To School In The U.S.? 

Yes, your children in H-4 status are allowed to attend either public or private U.S. schools.  

3. Is There A Limit On How Many Family Members Can Hold H-4 Status?

No strict legal limits exist, but it might be difficult to get H-4 visas approved for a very large number of dependents if you have limited income and/or can’t prove the legal relationship of your dependents.

4. What Status Would Apply If We Had A Baby After Arriving In The U.S.?

Any child born in the U.S. automatically becomes a U.S. citizen and would not need to hold H-4 status. Children born abroad after their parents have arrived in the U.S. must apply for an H-4 visa.

5. Can I Leave My Spouse Behind And Just Bring My Children?

Yes.

Selecting an Immigration Attorney in San Diego, California 

Discover enriching recreation suited to your family. Over time, make the U.S. a second homeland, all while an H-1b visa immigration lawyer handles the paperwork. When you look back years from now as a U.S. citizen, your memories will be filled with amazing milestones instead of stressful immigration problems. Achieve the successes your talents deserve with immigration lawyers actively battling for you!

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today.