H4 Visa
Visas for dependents of H1B visa holders fall in the category of H4. This visa is available to the spouse of the H1B visa holder. It is also available to the children of the H1B visa holder who are unmarried and below the age of 21. The validity of the H-4 visa depends on that of the original H1B visa. As soon as the H1B visa expires the dependent visas under the H-4 category too expire.
It is therefore a basic requirement that there should be an H1B visa holder. Then the spouse of the H1B visa can apply along with all unmarried children below the age of 21. Siblings and parents of the H1B visa holder are not eligible for the H4 category. The H4 visa can also be applied for if the principle visa is for a Temporary Agricultural Worker in the H2A category. It can also be applied for by dependents of H3 Trainee visa holders and H2B Temporary Skilled Worker.
The information of the spouse and dependent children is already given by the main applicant on applying for the H1B visa. This is given in the original petition in form I-129. In this petition the parent visa applicant provides the information regarding spouse and children. This is made available in pages 33 to 35 of the form. Giving this information is the responsibility of the employer in the USA. On this petition, for employing a non-immigrant skilled worker with a bachelor’s degree being approved, the future employee will get a Notice of approval in form I-797.
Form I-797 is supplied by the USCIS (United States Citizenship and Immigration Services). This form I-797 is a green signal for the dependents to go ahead and apply for their H4 visa through an American Consulate. The dependents have to submit an online visa application for non-immigrants in Form DS-160. They can only attend the interview after doing this. This has to be submitted online at the website of the US Department of State.
The successful application of DS-160 results in a receipt of confirmation page. This page contains a unique barcode. This page with the barcode has to be presented at the consulate for gaining entry. The spouse and the children will all get separated receipts confirming receipt of their DS-160 form. There is also a requirement of a photograph with a white background. This photograph should be in a 2” X 2” size format. The subject should look straight into the camera. The face must be clearly visible. It is better to take off hats and scarves and sunglasses to get a clear picture. Scarves may be worn if required by religious constraints as long as they give a clear view of the face.
Every H4 applicant needs to have a passport. The validity of the passport should cover the period of stay in the United States of each individual. The spouse has to present a marriage certificate and the children must have their birth certificates along with them. Appointments for interview have to be made online to the nearest US Embassy or Consulate General. There is no provision for on the spot interviews at any Consulate of the United States of America.