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Posted on June 01 2024

Can the US H-1B visa dependents work in the USA?

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By  Editor
Updated June 07 2024

Can H-1B Visa dependents work in the USA?

The US H-1B visa holders can bring their spouse and children (who are below the age of 21 and are not married) as dependents through the H-4 visa. The spouse of an H-1B visa holder can work in the USA by applying for the Employment Authorization Document (EAD). However, the dependents of the H-1B visa holders who are eligible for permanent residency are can apply for a work permit.

The validity of the work permit depends upon the validity of the H-4 visa. If the visa holders get an extension on their visa, the validity of the work permit is also extended. The H-4 visa holders can work in the field of their choice and can also choose to work either for a full-time or a part-time job role.

 

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Why apply for the US H-1B Dependent visa?

The dependents of the H-1B visa can reside with the visa holder in the USA by applying for H-4 visa.

  • The H-4 visa holders can reside in the country for the duration of the H-1B visa holder's stay. This implies that if the H-1B visa holder applies for an extension, the H-4 visa holders can also stay in the country for an extended duration.
  • The dependents of the H-1B visa have access to study in the USA. The spouse of the visa holder can attend college or a university without any additional documents, while the children can attend school without a student visa.
  • The applicant's spouse can work in the country by applying for an Employment Authorization Document (EAD).

 

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Step-by-step application process for Employment Authorization Document

 

The spouse of the H-1B visa holder can legally work in the country through the following process:

 

Step 1: Filling the application form

H-4 visa holders need to complete the Application for Employment Authorization Form, also known as Form I-765, through the U.S. Citizenship and Immigration Services (USCIS).

 

Step 2: Providing the information

The applicants must provide personal and basic information, such as name and residency address, along with the status of their H-4 visa.

 

Step 3: Gathering the documents

The applicant must gather and provide all the necessary documents, such as a marriage certificate, the status of the Green Card (Form I-140), and a birth certificate.

 

Step 4: Making the payment

The applicant needs to pay the required processing fee.

 

Step 5: Submitting the Application

The applicants must submit their application for the USCIS via post or they can submit an online application.

 

Step 6: Processing the Application

After the application is submitted, it is sent to the concerned authorities for approval. The application processing time can take up to a few months.

 

Step 7: Approval

Once the application is processed and approved, the applicant will receive their card. This card acts as a permit that allows H-4 Visa holders to legally work in the USA.

 

Processing Time and Fee

Processing Time:

The processing time for the EAD application is about 4.5 months to 6.5 months.

Processing Fee:

The processing cost for the EAD application is USD 410.

 

Planning to Migrate to the USA? Reach out to Y-Axis, world’s No. 1 overseas immigration company for end-to-end expert guidance.

Tags:

US H-1B visa

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