H4 Visa Guide for Indians: Eligibility, Process & Documents Required

The U.S. immigration system can be complicated, especially when your family is part of the equation. If your spouse is in the U.S. on an H-1B visa, the H4 visa will ultimately be your way to join them. This dependent visa is a vital part of the family unit, allowing the family to remain together while the primary holder continues to work.

This practical guide is geared towards Indians and discusses everything you need to know about the H4 visa from eligibility to the application process and important documents for a successful outcome.

What Is an H4 Visa?

The H4 visa is a non-immigrant visa for immediate family members (spouse and unmarried children under the age of 21) of H-1B, H-1B1 or H-2A/B visa holders. It is good to note that the H4 visa is derivative meaning, its duration of stay in the U.S. is completely reliant on the status of the primary H-1B visa holder.

For Indian families, this can provide some comfort and the opportunity to make a life in the U.S. for the family unit during the H-1B holder stay.

Eligibility: Who is Allowed to Apply for an H4 Visa? 

Eligibility for an H4 visa is straightforward. You may apply if you are: 

The Spouse: The legally married husband or wife of the H-1B visa holder. The Child: An unmarried child of an H-1B visa holder under 21 years of age. 

Key Requirements: 

• The primary H-1B holder must already be present in the United States or be approved for an H-1B visa and traveling to the United States for the first time with you. 

• The H-1B holder must be in valid status. You may not apply for and will not receive an H 4 visa if the primary visa holder has worked in the United States after his or her H-1B status has expired or has been revoked.

The H4 Visa Application Process Step by Step

The H4 visa application process generally consists of two parts depending on whether you are applying the Change of Status process in the U.S. (if you are already in the U.S.) or the Consular Processing process (applying from India).

• Scenario A: You are already in the U.S. on some other visa status (F-2, B-1/B-2, etc.)

If you are already in the U.S., then the primary H-1B holder can submit Form I-539, Application to Extend/Change Nonimmigrant Status, for you with U.S. Citizenship and Immigration Services (USCIS). This is a Change of Status to H4 visa status.

Steps: 

The H-1B holder will collect all the evidence (see list below) - 

File Form I-539 with the filing fee and supporting evidence with USCIS.

Wait for Form I-797 approval notice. If approved, you are in valid H 4 visa status.

• Scenario B: If you are applying from India (Consular Processing)

This is the most common pathway for family members in India. It requires attending a U.S. Embassy or Consulate with an interview.

Step 1: Complete the Online Visa Application (DS-160)

• Complete the Nonimmigrant Visa Application form DS-160 online on the CEAC website.

• Upload a digital photo that meets the U.S. visa photo requirements

Step 2: Pay the Visa Application Fee

You must pay the fee for applying for the visa, known as the MRV or Machine Readable Visa (current fee is $185 for H4 Visa).

Step 3: Schedule the Interview

• You will have to create a profile in the official website of U.S. Visa Information and Appointment Services for India.

• You will use the DS-160 barcode number to book your appointment at the U.S. Embassy in New Delhi, or one of the Consulates in Mumbai, Chennai, Kolkata or Hyderabad.

Step 4: Prepare your Document file

You will have to prepare all the original and photocopied documents with reference to the checklist listed in the next section.

Step 5: Go for the Visa Interview

• You will go to the consulate on the appointment date that was scheduled and take all your documents.

• The consular officer will review your information and ask questions to verify your relationship with the H-1B holder; and to verify your intent to return to India after the visa expiring.

Documents Needed for an H4 Visa Application

The successful submission of an H4 visa application is dependent upon presenting the correct documentation. Below is a full list.

H4 Visa Benefits and Limitations

• Study: H4 visa holders can study, in schools or vocational programs.

• Work: Some H4 visa spouses can apply for an Employment Authorization Document (EAD) to work in the U.S. if the H-1B holder is in the process of obtaining a green card (i.e., they’ve obtained an approved I-140).

• Driver’s License and SSN: You are able to apply for a Social Security Number and state driver’s license.

• Limitations:

• Your legal status is wholly dependent on the H-1B holder’s legal status.

• You cannot conduct or engage in business activities or employment unless you’ve obtained an EAD.

Also Read : USA Visa for Indians | Everything You Need to Know

Conclusion

The H4 visa provides Indian families a pathway to stay together during their time in the U.S. While the process may seem overwhelming, having a clear understanding of the eligibility requirements, employing a step-by step-approach to the application process and documentation preparation will make for a smooth and successful experience. With all your documents in order, and strong ties to your home country, it is likely you will secure your H 4 visa and once again be reunited with your family