Can H-4 Visa Holders Work in the USA?

Introduction:

Many individuals with H-4 visas, which are dependent visas for spouses and children of H-1B visa holders, often ask if they can work in the United States. As of the latest updates, the general rule is that H-4 visa holders cannot work in the U.S., but there are certain exceptions and pathways to work authorization.

Eligibility for Work Authorization

If your spouse has an H-1B visa and meets certain conditions, you may be eligible for a work permit. This applies if your spouse:

Has an approved Form I-140, Immigrant Petition for Alien Worker Has H-1B status beyond the six-year limit based on a pending or approved labor certification or I-140 petition

Once eligible, H-4 visa holders can apply for an Employment Authorization Document (EAD), which permits them to work in any job in the U.S.

Important Note: It's crucial to check the latest regulations or consult an immigration attorney for up-to-date information, as immigration policies can change.

Searching for Work!

Your situation can vary, and if your spouse has an approved I-140, you can definitely look for employment opportunities. The I-140 approval signifies that your case has been positively filed, and this can greatly enhance your chances of obtaining a work permit. The approval process involves receiving an I-797 Approval Notice from U.S. Citizenship and Immigration Services (USCIS).

The I-140 is the foundation for an employment-based green card, which can be particularly beneficial for individuals waiting in the visa bulletin backlog. If your spouse has an approved I-140, you might be able to work for up to four and a half years in the time before receiving a green card, depending on your country and preference category.

United States Law vs. Humanitarian Considerations: Although the legal restrictions on H-4 visa holders can seem stringent, these rules serve a broader purpose of protecting U.S. citizens and the labor market. However, it's understandable to see the practical benefits for those in your situation, especially when a U.S. citizen is struggling to find work.

Legal Disclaimer

Important Disclaimer: The information provided here is for general informational purposes only and is not intended to be legal advice. My answers on Quora are not a substitute for legal counsel. I am an attorney, but I am not your attorney. The information presented does not create an attorney-client relationship nor is it a solicitation to offer legal advice. If you need legal advice, you should contact another attorney or an attorney in your jurisdiction.

Always seek the advice of a qualified attorney for legal issues specific to your case.

More Information

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