What is the H-4B Visa? A Comprehensive Legal Overview

Definition & Meaning

An H-4B visa is a non-immigrant visa issued by the U.S. Citizenship and Immigration Services (USCIS) to the immediate family members"”spouses and children under 21"”of H visa holders, such as H-1B, H-2A, H-2B, and H-3 visa holders. This visa allows eligible family members to legally reside in the United States while their primary visa holder works or studies in the country.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person holding an H-1B visa comes to the U.S. for work. Their spouse and child apply for H-4B visas to join them. Upon approval, they can live in the U.S. while the primary visa holder works.

Example 2: A family already residing in the U.S. on H-4B visas applies for a change of status to extend their stay while the primary visa holder's employment continues. (hypothetical example)

Comparison with related terms

Term Definition Key Differences
H-1B Visa A visa for skilled workers in specialty occupations. H-1B holders can work; H-4B holders cannot without authorization.
H-2A Visa A visa for temporary agricultural workers. H-4B is for family members, while H-2A is for workers.
H-2B Visa A visa for temporary non-agricultural workers. Similar to H-2A but for non-agricultural jobs; H-4B is for dependents.

What to do if this term applies to you

If you are an H visa holder and wish to bring your family members to the U.S., you should apply for H-4B visas for them. If you are already in the U.S. on an H-4B visa and need to change your status, complete Form I-539. For assistance, consider using US Legal Forms' templates to simplify the process, or consult an immigration attorney for complex situations.

Quick facts

Attribute Details
Visa Type Non-immigrant
Eligible Family Members Spouse and children under 21
Work Authorization Not allowed without separate authorization
Social Security Number Not eligible

Key takeaways