This article provides a detailed explanation of the H-4 visa, discussing whether H-4 visa holders are permitted to study or work in the U.S.
The H-4 visa is a non-immigrant visa issued by the United States to the family members of H-1B visa holders. H-4 holders are typically the spouses and children under 21 years old of H-1B holders.
Study Permit
- H-4 visa holders can study at U.S. universities.
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Advantage of studying on an H-4 visa: If you have lived in a state for at least one year before starting your studies, you can pay the lower in-state tuition rate at public universities in that state.
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Disadvantage of studying on an H-4 visa: H-4 holders do not qualify for CPT and OPT, which are only available to F-1 students. Without an H-4 EAD card, you cannot work on campus, participate in off-campus internships, or serve as a Research Assistant (RA) or Teaching Assistant (TA).
Work Permit
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Generally, H-4 visa holders do not have work authorization in the U.S. In order to work, you must first obtain an H-4 EAD card. However, not every H-4 holder is eligible for an EAD. To qualify, you must meet one of the following conditions:
- The H-1B holder (your spouse) has an approved I-140 petition for employment-based green card application.
- The H-1B holder is in the extension period beyond the 6-year limit of the H-1B visa.
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Once the H-4 holder obtains an EAD, they can change jobs freely, which is more flexible than H-1B.
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Duration
- The validity of H-4 status depends on the status of the H-1B holder. If the H-1B holder loses their status due to resignation, being laid off, or other reasons, the H-4 holder's status will also become invalid.
- If an H-4 holder divorces the primary H-1B visa holder, their H-4 status will immediately become invalid, without grace period. To continue staying legally, the H-4 holder must immediately apply for a change of status.