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Spouse Visa for H1B Holder

Writer's picture: ARCTICKETARCTICKET
What is H1B?

The H-1B program enables businesses to hire foreign workers for short-term positions in the U.S. that require highly specialized knowledge and a bachelor's degree or higher in a relevant field. This visa is commonly used for roles in science, engineering, and information technology, as well as for certain Department of Defense projects. Additionally, the H-1B program covers specific occupations in fashion modeling.


H-1B visa holders are permitted to stay in the U.S. for an initial period of up to three years, with the option to apply for an extension, allowing a maximum stay of six years, provided they continue to meet eligibility requirements.


Are H1B visa holders allowed to bring their spouse?

H-1B visa holders are allowed to bring their spouse to the United States. The spouse of an H-1B visa holder can apply for an H-4 visa, which is a dependent visa. Children (under 21 years of age) of H-1B visa holders can also qualify for the H-4 visa.


What does the H-4 visa allow? The H-4 visa allows spouses of H-1B visa holders to live in the US with their spouse. H-4 visa holders can study in the US, either part-time or full-time, in any field, and may volunteer for unpaid positions at non-profit organizations. They are also permitted to start their own business in the US as long as their spouse's H-1B visa remains valid.

However, to engage in paid employment, H-4 visa holders must apply for an Employment Authorization Document (EAD) before they can legally work in the US.
How to apply from Outside the U.S.

If you are not currently in the U.S., you should submit your visa application at the U.S. Embassy where your spouse applied for their H-1B visa. If you and your spouse are from different countries, you may also apply from your home country.


The visa application process varies by country, but generally involves the following steps:


Step 1: Complete and submit Form DS-160 online.


Step 2: After submitting your online application, schedule an interview at the relevant U.S. consulate. Be sure to bring the following required documents:

  • Your passport

  • Your spouse’s passport

  • Evidence of your relationship, such as photos or a wedding album

  • Proof of DS-160 form submission and payment

  • Proof of your spouse’s employment

  • Original marriage certificate


Applying for a U.S. visa can be complex, and it's important to make sure your application meets all the necessary requirements. Ensure you meet the eligibility criteria and provide all the needed information to avoid delays in processing.


If you're thinking about applying for an H-4 visa, we can guide you through the process. For advice on your U.S. visa application, contact us.

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