Can H1B Visa Dependent Work in USA?
In the United States, the H1B visa is a non-immigrant visa in the U.S. designed to employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. However, the question arises: can H1B visa dependents work in the USA? The answer is not straightforward and depends on the specific circumstances of the dependent.
Understanding H1B Visa Dependents
An H1B visa dependent is someone who is sponsored by a U.S. employer under the H1B visa program. The dependent can be the spouse or unmarried children under the age of 21 of the H1B visa holder. These dependents are granted H4 visas, which allow them to live in the U.S. with the H1B visa holder.
Work Authorization for H1B Visa Dependents
While H1B visa holders are allowed to work in the U.S., the same does not apply to their dependents. Initially, H4 visa holders were not authorized to work in the U.S. However, in 2015, the U.S. Department of Homeland Security (DHS) introduced a policy change that allowed H4 visa holders to apply for employment authorization documents (EADs).
Applying for EADs
To work in the U.S., H4 visa holders must apply for an EAD, which is a work permit issued by the U.S. Citizenship and Immigration Services (USCIS). The process involves filling out Form I-765, Application for Employment Authorization, and submitting it along with the required supporting documents.
Eligibility for H4 EADs
It is important to note that not all H4 visa holders are eligible for EADs. The following conditions must be met:
1. The H1B visa holder must be working, or have an approved petition for change of status or extension of stay, and the H1B visa must be valid at the time of application.
2. The H1B visa holder must have started working in the U.S. or have an approved petition for change of status or extension of stay before the H4 visa holder’s I-94 expires.
Limitations and Challenges
Despite the ability to work, there are limitations and challenges faced by H4 visa holders with EADs. Some of these include:
1. Limited Job Opportunities: H4 visa holders with EADs may find it difficult to secure employment due to various factors, such as the competitive job market and the stigma associated with being a dependent.
2. Expiration of EADs: EADs are valid for a maximum of two years, and H4 visa holders must renew them periodically.
3. No Path to Permanent Residence: H4 visa holders with EADs do not have a direct path to permanent residence, which can be a concern for those who wish to establish a long-term career in the U.S.
Conclusion
In conclusion, H1B visa dependents can work in the U.S. by obtaining an EAD. However, the process and the limitations associated with it may present challenges for those seeking employment. It is important for H4 visa holders to understand the requirements and consider the long-term implications before applying for an EAD.
