U.S. H-1B Work Visa: Opportunities for Foreign Workers and Their Families

The H-1B visa is a popular way for professionals to work in the United States, allowing foreign workers to gain valuable experience while contributing to the U.S. economy.

The H-4 visa allows family members of H-1B visa holders to join them in the U.S., though spouses do not automatically get permission to work.

What is the H-1B Visa?

The H-1B visa lets U.S. companies hire foreign workers for specialized jobs that usually require at least a bachelor’s degree.

This visa is valid for three years and can be extended for another three, making the total stay up to six years.

In addition to regular jobs, the H-1B visa also covers workers involved in U.S. Department of Defense projects and fashion models with exceptional talent.

The H-4 visa is for the spouses and unmarried children (under 21) of H-1B visa holders. While this visa allows family members to live in the U.S., it does not automatically allow spouses to work.

However, spouses can apply for work authorization if the visa holder is the main beneficiary of an approved Immigrant Petition for Alien Workers (Form I-140) or has been granted certain protections under U.S. immigration law.

What Employers and Employees Need to Know

For a company to hire a foreign worker through the H-1B visa, the job must be in a specialized field and require specific qualifications, such as a bachelor’s degree.

The employer must also file a Labor Condition Application (LCA) with the U.S. Department of Labor to prove that the wage they are offering meets the standard for that job and will not negatively impact U.S. workers.

The employee must have the necessary education and experience for the job and a job offer from a U.S. company in a specialized occupation.

For family members applying for the H-4 visa, they must provide proof of their relationship to the H-1B visa holder, like a marriage certificate for a spouse or birth certificates for children. The H-1B visa holder must also have a valid visa status.

The Application Process for H-1B and H-4 Visas: A Step-by-Step Guide

1. H-1B Visa Process (Employer’s Role)

• File a Labor Condition Application (LCA):
  The employer starts the process by submitting an LCA to the U.S. Department of Labor. This certifies that the wage offered meets the standard for the job and that hiring a foreign worker will not harm U.S. workers.

1. Meet Legal Requirements:
   The employer must also ensure all other legal criteria are met, such as proving the job is a specialized occupation requiring specific qualifications (e.g., a bachelor’s degree).
2. Enter the H-1B Lottery:
   During the registration period, which typically begins in March each year, the employer registers the employee in the H-1B visa lottery system. This lottery determines which applicants are considered for the visa, as there is an annual cap.
3. File Form I-129:
   If the employee is selected in the lottery, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This form includes all required documentation to finalize the application.
4. Receive Notice of Action (Form I-797):
   Once the petition is approved by USCIS, the employee receives a Notice of Action (Form I-797), indicating that the H-1B visa application has been accepted.
5. H-4 Visa Process (For Dependents)

• Gather Required Documents:
  Family members applying for the H-4 visa need to collect essential documents, such as passports, completed DS-160 visa application forms, and proof of their relationship to the H-1B visa holder (e.g., marriage certificates for spouses or birth certificates for children).

1. Pay Visa Application Fee:
   A non-immigrant visa application fee of $185 must be paid for each H-4 applicant.
2. Schedule an Interview:
   After paying the visa fee, H-4 applicants must schedule an interview at the U.S. embassy or consulate in their country of residence.
3. Attend the Visa Interview:
   During the interview, applicants will be asked about their relationship to the H-1B visa holder and their purpose of travel to the U.S.
4. Get the Visa Stamped:
   If the interview is successful and the application is approved, the H-4 visa will be stamped in the family members’ passports, allowing them to join the H-1B visa holder in the U.S.

How H-4 Visa Holders Can Work

H-4 visa holders who want to work in the U.S. must file Form I-765 (Application for Employment Authorization) with USCIS.

They can only start working after receiving an Employment Authorization Document (EAD), which is also called Form I-766.

USCIS advises using the latest version of the form and including all necessary documents to avoid delays.

There is a limit on the number of H-1B visas issued each year, so a lottery system is used to select applicants once the cap is reached.

If your application is not chosen, it will remain in the queue for future opportunities. Processing times for H-1B and H-4 visas can vary, but premium processing is available for H-1B visas for an extra fee.

Since the application process can be complex, it’s a good idea to consult an immigration lawyer. Staying informed about the latest rules from USCIS can help avoid delays and ensure a smooth process.

Getting an H-1B visa allows foreign workers to gain professional experience in the U.S., while the H-4 visa lets their family members stay with them.

Understanding the visa process and requirements will help ensure a successful application.