Can I work on an H4 visa in the USA? This is a common question among individuals who are in the United States on an H4 dependent visa. The H4 visa is issued to the spouse or unmarried children under 21 years of age of a person holding an H1B visa, which is a non-immigrant visa in the United States for individuals in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge.
The H4 visa holders are initially granted a stay of up to two years, extendable in increments of two years, depending on the expiration date of the H1B visa holder’s stay. While the primary purpose of the H4 visa is to allow the dependents to accompany the H1B visa holder to the USA, many have wondered if they can work on this visa. Let’s delve into this topic and understand the legal aspects surrounding H4 visa holders’ ability to work in the USA.
Understanding the H4 Visa Regulations
The H4 visa was initially not intended for employment purposes. However, there have been some changes over the years. In 2015, the U.S. Department of Homeland Security (DHS) announced that H4 visa holders could apply for employment authorization documents (EADs), allowing them to work in the USA. This decision was made to address the economic needs of H4 visa holders and their families.
To obtain an EAD, H4 visa holders must file Form I-765, Application for Employment Authorization, along with the required fees. Once approved, the EAD will allow the H4 visa holder to work in the USA for the duration of their stay, as long as they maintain their valid H4 visa status.
Eligibility and Limitations
While H4 visa holders can apply for EADs and work in the USA, there are certain limitations and requirements to keep in mind:
1. Eligibility: Only H4 visa holders who are the spouse or unmarried children under 21 years of age of an H1B visa holder are eligible to apply for an EAD.
2. Duration: The EAD is valid for up to two years and can be renewed for additional two-year periods.
3. Employment: H4 visa holders can work in any occupation that does not require a specific license or certification.
4. Change of Status: If an H4 visa holder wishes to change their status from H4 to another visa category that allows employment, they must file a separate application for that change.
Conclusion
In conclusion, the answer to the question “Can I work on an H4 visa in the USA?” is yes, provided that the H4 visa holder meets the eligibility criteria and applies for an EAD. However, it is essential to remember that the primary purpose of the H4 visa remains the support of the H1B visa holder, and the employment authorization is a secondary benefit. H4 visa holders should use this opportunity responsibly and explore career opportunities that align with their skills and qualifications.