Immigrants coming to the United States on a work visa, even those on temporary stays, may wish to bring their spouses and children with them. Understanding the right immigration path for your individual circumstances can be overwhelming. While the below are suggested pathways to employment-based immigration, in all cases professional consultation is advised.
Can you bring your family to the U.S. on a work visa?
There are several immigration options that the families of work visa holders can explore. The immigration pathways will depend on the type of visa the family member has and the specific statuses and needs of the family. For example, a temporary work visa holder’s family may not need green cards, but relatives of permanent residents may seek this opportunity.
It is important to work with a employment-based immigration lawyer to understand the right options for your specific situation. Employment-based immigration lawyers will be able to help you with the submission of any documentation, ensuring greater success in immigration approvals.
Understanding the H-4 Visa
While there are other categories of work visas, H-1B visas are the most common. H-1B workers are foreign individuals with specialized skills who are permitted to work in the U.S. for up to three years, and, with an extension, six years. H-1B workers can bring relatives with them for their stay if they are eligible for the H-4 visa.
Who is eligible for H-4 visa?
Those eligible for an H-4 visa include:
- spouses
- unmarried minor children (under 21 years of age) of H-1B beneficiaries
Note, the H-4 visa also extends to the spouses and unmarried children of H-1C, H-2A, H-2B, and H-3 visa holders.
How long can you stay in the US with an H-4 visa?
An H-4 visa holder is permitted to stay in the United States for the three-year period in which their relative’s H-1B status is valid. If the H-1B holder renews their status, the H-4 family members can submit Form I-539, Application to Extend/Change Nonimmigrant Status to extend their stay.
As seen with the recent layoffs, H-1B status and subsequently H-4 statuses are only valid for the 60-day grace period. During this timeframe, the H-1B visa holder must find new employment. Failure to do so will invalidate their family members’ H-4 status, meaning all members must return to their home country. If an H-1B visa is revoked for any reason, the H-4 status will also be invalidated.
What can an H-4 visa holder do?
H-4 visa holders have many opportunities available to them. Some things their visa status permits them to do include:
- Receive an education
- Get a driver’s license
- Open a bank account
- Travel to and from the country as needed
Can I get a work permit with H-4?
Children of H-1B visa holders are not permitted to work in the United States. However, certain H-4 dependent spouses are now eligible to work in the U.S. Please note that dependent spouses are only eligible to obtain a work permit if the H-1B visa holder is the principal beneficiary of an approved I-140 Petition, or if they have been granted H-1B status under the American Competitiveness in the Twenty-first Century Act of 2000.
Once approved, there is no limitation to the type of work performed allowing H-4 visa holders to work full-time, part-time, or even freelance. Their job can be in any industry and of any position, with no requirements for the type of employer.
Can I apply for a green card on H-4?
H-4 visa holders are eligible to apply for a green card. They will be petitioned by a spouse, another family member, or an employer. The process may be lengthy so it is important to plan ahead with a family immigration attorney.
Other Family-Based Immigration Options
If the worker is not on an H-1B status, that does not mean it is impossible for their family members to come to the United States. While solutions may need to be creative, there are some additional measures that can be taken to secure a child and/or spouse’s admission to the country.
Again, individuals should consult an employment-based immigration lawyer to determine the best way to proceed. Often these matters are complex and may benefit from legal guidance to ensure you do not place your status in jeopardy.
Petition for Immediate Family Members
If the work visa holder becomes a U.S. citizen or permanent resident, they will be eligible to petition for family members. Often, work visa holders may be able to apply for an employer-sponsored green card.
A family-based visa petition allows a citizen or green card holder to file a Petition for Alien Relatives on spouses and children, and parents and siblings too if the petitioner is a U.S. citizen.
Form I-130 is complex and has very specific eligibility requirements depending on the relative being petitioned. It is advisable to consult a family immigration attorney before filing to ensure eligibility.
Green Card Lottery
Family members may want to explore the green card lottery, which would not be impacted by their loved one’s work visa status. The green card lottery is available to any individual from an eligible country that has either a) a high school education (or equivalent), or b) who in the past 5 years has accumulated two years of work experience in an occupation that requires at least two years of training or experience.
Note, eligible country designations are determined by patterns of low immigration and are subject to change yearly. Applicants must apply within the lottery deadline, as only a select number of green cards are available.
This immigration pathway would operate independently from the status of the working family member.
Student Visa
In some cases, a family member may use an F-1 or M-1 visa to pursue higher education in the U.S. Under this category, a spouse or child can apply for a student visa to continue their studies at a United States institution. While this is not directly correlated with their family member’s work visa status, it would enable them to be in the country simultaneously if no other options are valid.
Speak to A California Immigration Lawyer
At Reeves Immigration Law Group, we take pride in our role in reuniting families. We understand the difficulties separation places on families and will do everything we can to grant each individual a successful entry into the United States.
Whether you are applying for an H-4 visa or seeking to enter the green card lottery, our team of family and employment immigration lawyers will assist you every step of the way.
Fill out our contact form today to discuss your family’s immigration needs with a California immigration lawyer.
