If you’re an international worker in the United States on an H1B visa, you may be wondering whether your spouse is eligible to work in the U.S. as well. In this article, we’ll explore in detail whether your wife can work on your H1B visa and provide you with all the information you need to know.
What is an H1B Visa?
An H1B visa is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations. To qualify for an H1B visa, you must have a job offer from a U.S. employer in a specialty occupation that requires a bachelor’s degree or higher. The employer must also file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.
Can My Wife Work on My H1B Visa?
The answer is yes, your wife may be eligible to work in the U.S. on your H1B visa. The H4 visa is a dependent visa that allows spouses and unmarried children under the age of 21 to accompany H1B visa holders to the U.S. While H4 visa holders are not authorized to work in the U.S., there are certain circumstances under which they may be eligible to obtain employment authorization.
In 2015, the Obama administration introduced a new rule that allows certain H4 visa holders to apply for employment authorization. Specifically, if you are an H1B visa holder who is in the process of obtaining lawful permanent resident status (also known as a green card), your spouse may be eligible to apply for employment authorization.
To be eligible for employment authorization, your spouse must meet the following criteria:
You must be the primary H1B visa holder and have an approved I-140 petition or have been granted an extension of your H1B status beyond the six-year maximum due to your pending green card application.
- Your spouse must be in valid H4 status and not have any status violations.
- Your spouse must file Form I-765, Application for Employment Authorization, with the USCIS and pay the required fee.
- Your spouse must wait for the USCIS to approve the application before beginning employment.
It’s important to note that not all H4 visa holders are eligible for employment authorization. If you are not in the process of obtaining a green card, your spouse will not be eligible to apply for employment authorization.
How to Apply for H4 Employment Authorization?
To apply for H4 employment authorization, your spouse must file Form I-765, Application for Employment Authorization, with the USCIS. The form must be accompanied by supporting documents, including:
- A copy of your H1B approval notice.
- A copy of your marriage certificate.
- A copy of your spouse’s H4 approval notice.
- Two passport-style photos.
- The required fee.
Once the USCIS approves the application, your spouse will receive an Employment Authorization Document (EAD) that allows them to work in the U.S. The EAD is typically valid for one year and can be renewed as long as your spouse remains eligible.
Conclusion
In summary, if you’re an international worker in the U.S. on an H1B visa, your spouse may be eligible to work in the U.S. on an H4 visa under certain circumstances. Specifically, if you are in the process of obtaining a green card, your spouse may be eligible to apply for employment authorization. To apply for H4 employment authorization, your spouse must file Form I-765 with the USCIS and meet the eligibility criteria. With the right information and resources, you and your spouse can navigate the complex U.S. immigration system and achieve your career and personal goals in the U.S.
Related Topics:
