USA Dependent Visa

USA H-1B Visa

The H-1B visa allows foreign workers belonging to certain specialty occupations, to work for an employer in the USA who cannot find suitable U.S. workers for the position. In this sense, the visa functions as a work permit.

Who Can Apply?

Those who:

Are qualified to practice specialty occupations, or
Offer services of exceptional ability or merit for a cooperative R&D project of the Department of Defense, or
Have distinguished merit and ability as fashion models.

Specialty workers and models are sponsored for this visa by their U.S. employer – i.e. the employer submits the application and pays the visa fee on behalf of the worker.

Family members of the worker (spouse and unmarried offspring under 21 years old) can accompany them to USA by applying under the H-4 non-immigrant classification.

Duration of Stay

Initially, the visa is valid for a three year period. This duration can be extended to six years – or even further, in some cases. During this period, the employer could sponsor the worker for a Green Card USA, which grants permanent resident status. After completing five years as a permanent resident, the worker can apply for citizenship.

If the employee resigns or their employment is terminated while living in USA as a non-immigrant, they can:

Secure another job within 60 days and file fresh paperwork, or
Apply to change their status from ‘non-immigrant’ to immigrant or Green Card status; or
Return to the home country (or be deported). If the employee was terminated, the employer bears the reasonable cost of return travel.

H-1B Visa Benefits

This visa is open to people of all nationalities.
Immediate family members can accompany the visa holder to USA, and work in the country.
Social security for the worker and accompanying family members.
Smooth transition from H-1B to Green Card or permanent resident status.
Long duration of stay and option for extension of stay.
After attaining a Green Card, the employee can also sponsor family members (H-4 visa holders) for permanent residence.
Simple eligibility conditions – no managerial experience or investment requirements.
Those who are skilled in specialty occupations – which are facing a shortage of workforce in USA – are likely to find a U.S. employer who is willing to sponsor them for this visa.
The employee is not bound to a single U.S. employer – it is possible to switch jobs.
H-1B premium processing – drastically reduces waiting period between application and visa grant.
H-1B visa holders can open bank accounts in USA, and purchase or rent property and vehicles.

A Dependent Visa USA allows the spouse or children of certain US visa holders to accompany them to the country. Depending on the type of visa the individual possesses, the partner and the children can apply for a corresponding dependent permit. The validity of these visas varies upon the validity of the primary visa. If the sponsoring individual has a permit for say 2 years, their dependents will have a visa valid for up to 2 years. Based on the type of primary visa, the dependent visas are of the following major types –

1. H4 Dependent Visa – This permit is issued to the spouse/children of individuals working in the USA under the H1-B category.
2. F2 Dependent Visa – This is issued for the spouse/children of people studying in the country on an F1 permit.
3. L2 Dependent Visa – Dependents of people on company transfer in the US under the L1 category are issued with this type of permit.
4. J2 Dependent Visa – Issued to the spouse/children of individuals on exchange programs under the J1 category.

H4 Visa (Dependent Visa)

A H4 visa is issued to dependent family members (spouse and children) of H1 visa holders who would like to accompany the H1B visa holder to the U.S. during their stay. This article outlines the complete process on how to apply for H4 dependent visas. In such a case, the principal applicant is always the H1B visa holder. Immediate family members like spouse and children under 21 years old may qualify for a H4 visa and may apply at a US Consulate in their home country.

If you are applying for your visa along with your spouse, who is applying for H1 simultaneously, then you can submit both applications together. An H4 visa allows visa holders to:

Get a driver’s license
Pursue education
Open bank account(s)
Become eligible for an ITIN (Tax ID for IRS Tax purposes)
Work in the US

According to the H4 EAD ruling, dependents of H1B visa holders having a valid H4 visa may work in the US by applying for Employment Authorization.

H4 Visa Tips

Avoid errors in filling out the visa application and understanding the legalities related to the H4 visa. Here are some useful tips for the H4 visa applicants.

Eligibility Criteria for US Dependent Visa

The individuals who can apply for US Dependent Visa have to fulfil the following criteria –

They should be a legally married spouse of a valid H, F1, L1, J1 visa holder, or
They must be an unmarried child under the age of 21, of the same visa holder.
One must possess a valid passport for at least 6 months from the date of travel.
In certain categories such as F2, they must also be able to show sufficient financial funds.