American Work and Family VISA Lottery Process – H-1B With H-4 VISA

People who want to advance their careers in a wide range of specialized areas have long been coming to the United States. One of the most popular work visas is the H-1B, which lets foreign workers help the U.S. business while also getting useful experience. Another good thing about the H-1B visa is that it lets you bring your family to the U.S. with you through the H-4 visa. This book will teach you everything you need to know about the H-1B and H-4 visas, from the basics to how to apply for them.

What is the H-1B Visa and H-4 Visa? – Understanding the Basics

H-1B Visa: The H-1B visa is a non-immigrant visa that lets U.S. companies hire foreign workers for specialized jobs that need technical or general knowledge. This visa is often used in fields like medicine, building, engineering, IT, math, science, and medicine. If you get an H-1B visa, it’s good for three years at first, but you can extend it for up to six years.

H-4 Visa: The H-4 visa is for people who depend on people with an H-1B visa, like partners and children under 21 who are not married. The main H-1B visa user can work in the U.S., and their family members can come to visit on an H-4 visa. While the H-4 visa doesn’t instantly give the spouse the right to work, there are times when the spouse can apply for an Employment Authorization Document (EAD).

Bringing Your Family to the US: You can bring your spouse and children to the US by getting an H-1B visa and H-4 visa for your family. This article will walk you through the steps of applying for both visas so that your family can come to the U.S. with you to achieve your career goals.

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

If you meet the following requirements, you can apply for both an H-1B work visa for the US and an H-4 visa for family members who rely on you.

Eligibility for H-1B Visa

Employer Requirements:

• The job must be a specialty job that requires at least a bachelor’s degree or the equivalent.
• To make sure the prevailing wage is paid, the business must file a Labor Condition Application (LCA) with the U.S. Department of Labor.
• It is up to the employer to show that they can pay the given salary.

Employee Requirements:

• Must have at least a bachelor’s degree in an area related to the specialty job.
• The education and skills must match the needs of the job.
• Must have a job offer for a specific job from a company in the United States.

Eligibility for H-4 Visa

Spouse and Children:

• Eligible are spouses and children under 21 who are not married.
• Must show proof of a link, like a marriage certificate for the spouse and a birth certificate for each child.
• The main H-1B visa holder must have a legal status.

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

There are two main steps you need to take to get your work visa and family visa:

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

• Secure a Sponsoring Employer: company willing to sponsor your H-1B visa for a qualified H-1B occupation. This is the first thing you need to do.
• H-1B Registration: When an employer hires a foreign worker, they must file an LCA with the U.S. Department of Labor, stating that the wage given is equal to the going rate and that hiring a foreign worker will not hurt USA workers.
• Petition Filing (Form I-129): Your employer will put you in the H-1B lottery system during the registration time, which will begin in March 2025.
• Filling Out Form I-129: If the company wins the lottery, they send Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS) with all the required paperwork.
• Processing and Approval: The petition is looked over by USCIS, and if it is accepted, the employee is sent a Notice of Action (Form I-797).

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

• Document Preparation: Dependents need to get passports, DS-160 forms, marriage and birth records, an H-1B approval notice, and proof that they can pay their own expenses.
• Fee Payment: Send the usual fee of $185 per applicant for a non-immigrant visa application.
• Interview Scheduling: You can set up an interview for a visa at the U.S. embassy or consulate in your home country.
• Attend Interviews: Go to the interviews with all the necessary paperwork and be ready to talk about your relationship, why you’re traveling, and your ties to your home country.
• Visa Issuance: If accepted, the H-4 visas are stamped on the passports of the dependents.

Important Considerations

• H-1B Visa Cap: As of now, there are a certain number of H-1B visas that can be issued each year. Applicants are chosen by drawing.
• Processing Times: The time it takes to process an H-1B or H-4 visa can change. For an extra fee, you can get faster processing for your H-1B visa.
• Consult an Immigration Attorney: The application process is very complicated, so it’s best to talk to an immigration lawyer.
• Stay Updated: immigration rules and laws can change. For the most up-to-date information, always check the USCIS’s most recent rules or talk to a professional.

With an H-1B visa, you can bring your family to the U.S. with you, which is a big plus because it lets you work in your chosen area while staying close to your family. You can make the process of getting an H-1B or H-4 visa easier if you know how they work, what you need to do to be eligible, and how to apply. Don’t forget to use the job boards that are out there to find a job and talk to professionals to make sure your visa application goes smoothly.

Frequently Asked Questions