American Work and Family VISA Lottery Process (Get Your H-1B With H-4 VISA)

The United States has always been a popular destination for professionals looking to advance their careers in various specialized fields. Among the most sought-after work visas is the H-1B, which allows foreign workers to contribute to the U.S. economy while gaining valuable experience. A notable perk of the H-1B visa is that it lets you bring your family with you through the H-4 visa.

In this guide, we’ll cover everything you need to know about both the H-1B and H-4 visas, including the basics and a step-by-step application process.

What is the H-1B Visa and H-4 Visa?

H-1B Visa: This non-immigrant visa allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Common fields for this visa include IT, architecture, engineering, math, science, and medicine. Initially granted for three years, the H-1B visa can be extended up to a total of six years.

H-4 Visa: Designed for dependents of H-1B visa holders, the H-4 visa includes spouses and unmarried children under 21. While the primary H-1B visa holder works in the U.S., their family can join them on an H-4 visa. Note that the H-4 visa doesn’t automatically grant work authorization to the spouse, but certain conditions allow for an Employment Authorization Document (EAD) application.

Bringing Your Family to the U.S.

With an H-1B visa and H-4 visas for your dependents, you can have your spouse and children with you in the U.S. as you pursue your career. We’ll walk you through the application process for both visas, ensuring your family can join you seamlessly.

Eligibility Criteria for H-1B and H-4 Visas

Eligibility for H-1B Visa:

Employer Requirements:

• The job must be a specialty occupation requiring at least a bachelor’s degree or equivalent.
• The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor, confirming the wage offered meets the prevailing wage and won’t negatively impact U.S. workers.
• The employer needs to demonstrate financial ability to pay the offered salary.

Employee Requirements:

• Must have a bachelor’s degree or higher related to the specialty occupation.
• Education and experience must match the job’s requirements.
• Must have a job offer from a U.S. employer for a specialty occupation.

Eligibility for H-4 Visa:

Spouse and Children:

• Spouses and unmarried children under 21 years old are eligible.
• Must provide evidence of relationship (marriage certificate for spouse, birth certificates for children).
• The primary H-1B visa holder’s status must be valid.

Step-by-Step Process to Apply for H-1B and H-4 Visas

Part 1: H-1B Visa Application (by the Employer)

1. Secure a Sponsoring Employer: Find a U.S. employer willing to sponsor your H-1B visa for qualified occupations.
2. Labor Condition Application (LCA): The employer files an LCA with the U.S. Department of Labor to certify the wage and working conditions.
3. H-1B Registration: The employer registers you in the H-1B lottery system during the designated registration period, starting in March 2025.
4. Petition Filing (Form I-129): If selected, the employer files Form I-129 with USCIS, including all required documents.
5. Processing and Approval: USCIS reviews the petition, and if approved, you receive a Notice of Action (Form I-797).

Part 2: H-4 Visa Application (for Dependents)

1. Document Preparation: Dependents need to prepare documents like passports, DS-160 forms, marriage and birth certificates, H-1B approval notice, and proof of financial support.
2. Fee Payment: Pay the standard fee for a non-immigrant visa application, which is $185 per applicant.
3. Interview Scheduling: Schedule visa interviews at the U.S. embassy or consulate in your home country.
4. Attend Interviews: Attend the interviews with all required documents, ready to discuss your relationship, travel purpose, and ties to your home country.
5. Visa Issuance: If approved, the H-4 visas will be stamped in the dependents’ passports.

Important Considerations

H-1B Visa Cap: The H-1B visa is capped annually, with a lottery system used to select applicants.

Processing Times: Processing times for H-1B and H-4 visas can vary. Premium processing is available for an extra fee with the H-1B visa.

Consult an Immigration Attorney: Given the complexities of the process, consulting an immigration attorney is advisable.

Stay Updated: Immigration laws and procedures change. Always check the latest guidelines from USCIS or consult a professional for current information.

Bringing your family with you to the U.S. on an H-1B visa offers the opportunity to work in your chosen field while keeping your loved ones close. By understanding the H-1B and H-4 visa processes and requirements, you can navigate the application journey smoothly. Use available job platforms to secure a position and consult with professionals to ensure a successful application process.

FAQs

1. How long can I stay in the U.S. on an H-1B visa?
The H-1B visa is initially granted for up to three years but can be extended for a total of six years.

2. Can my spouse work if they are on an H-4 visa?
The H-4 visa does not automatically grant work authorization, but under certain conditions, your spouse may apply for an Employment Authorization Document (EAD).

3. What are the costs associated with applying for an H-1B and H-4 visa?
The H-1B visa application process includes fees such as the standard filing fee and possible premium processing. The H-4 visa application fee is typically $185 per applicant.