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H-4 VISA PROGRAM - MI FAMILIA

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H-4 VISA PROGRAM (MI FAMILIA) INFORMATION

The H‑4 visa is reserved for immediate family members (spouse and unmarried children under 21) of individuals who hold H‑2A, H‑2B, and other temporary worker visas. It allows eligible family members to join their loved ones and legally reside in the United States for the same duration as the primary visa holder.

 

H‑4 visas are authorized through U.S. Citizenship and Immigration Services (USCIS) and follow the same nonimmigrant processing steps as other visa categories. When the primary worker’s visa ends or expires, H‑4 visa holders must also return to their home country.

 

It’s important to note that H‑4 visa holders are not permitted to work in the United States under this visa. This restriction applies to dependents of H‑2A and H‑2B workers. Only spouses of certain H‑1B visa holders may qualify for a work permit (Employment Authorization Document or EAD).

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What Is the H‑4 Visa?

 

The H‑4 visa is a dependent visa that allows eligible family members to reside in the U.S. legally while their spouse or parent works under an H‑series visa.

  • Who qualifies: Spouses and unmarried children under 21
     

  • Eligible principal visas: H‑2A, H‑2B, H‑1B, H‑3, and other H visa types
     

  • Visa duration: Matches the principal visa holder’s approved period

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Benefits of the H‑4 Visa

  • Live in the U.S.: Stay legally for the length of the principal visa holder’s stay
     

  • Study: Children and spouses can attend school, college, or vocational programs
     

  • Driver’s License: Many states allow H‑4 visa holders to apply for a state-issued license

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Restrictions & Considerations

  • Work Authorization: H‑4 visa holders related to H‑2A or H‑2B visa holders cannot work in the U.S.
     

  • EAD Exception: Only spouses of certain H‑1B visa holders may qualify for work authorization through an EAD
     

  • Visa Stamping: Re-entry into the U.S. requires a valid H‑4 visa stamp
     

  • Status Tied to Principal: H‑4 status must be renewed along with the principal worker’s visa

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H-4 Visa Application Process

  1. Complete Form I‑539 if applying from within the United States
     

  2. Gather documents including:
     

    • Principal’s visa approval notice (I‑797) and I‑94
       

    • Proof of relationship: marriage certificate or birth certificate
       

    • Valid passports and identification
       

    • Optional: Joint lease, shared bank statements, or other proof of cohabitation (especially for spouses)
       

  3. Pay USCIS fees and file according to current USCIS guidelines
     

  4. After approval:
     

    • Outside the U.S.: Schedule a visa stamping appointment at a U.S. embassy or consulate
       

    • Inside the U.S.: You may remain legally while your H‑4 extension is being processed—if you applied before your current status expires
       

  5. Plan ahead: Always renew on time to avoid gaps in status
     

 

Frequently Asked Questions (FAQs)

Q: Can an H‑4 spouse work in the U.S.?
A: Not if the principal visa is an H‑2A or H‑2B. Only certain H‑1B spouses may qualify for a work permit (EAD).

 

Q: Can H‑4 children attend public school?
A: Yes. Children on H‑4 visas can enroll in public or private schools, as well as higher education programs.

 

Q: How long can a child stay on H‑4?
A: Until they turn 21. After that, they must change their status (e.g., to an F‑1 student visa).

 

Q: Can we travel in and out of the U.S. with an H‑4 visa?
A: Yes, but you must have a valid H‑4 visa stamp and carry supporting documents when reentering the country.

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