American Work and Family VISA Lottery Process (Get Your H-1B With H-4 VISA)

The United States has long been a destination for professionals seeking to advance their careers in various specialized fields. The H-1B visa is one of the most sought-after work visas, enabling foreign workers to contribute to the U.S. economy while gaining valuable experience. An added benefit of the H-1B visa is that it allows you to bring your family with you to the U.S. through the H-4 visa.

This guide will walk you through everything you need to know about the H-1B and H-4 visas, from understanding the basics to applying for them step by step.

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 permits U.S. companies to employ foreign workers in specialty occupations requiring theoretical or technical expertise. Fields like information technology, architecture, engineering, mathematics, science, and medicine commonly use this visa. The H-1B visa is initially granted for three years, with the possibility of extensions up to a maximum of six years.

H-4 Visa: The H-4 visa is designed for the dependents of H-1B visa holders, including spouses and unmarried children under 21 years of age. While the primary H-1B visa holder works in the U.S., their family members can join them under the H-4 visa. Although the H-4 visa does not automatically grant work authorization to the spouse, certain conditions allow the spouse to apply for an Employment Authorization Document (EAD).

Bringing Your Family to the US: By securing an H-1B visa and obtaining H-4 visas for your dependents, you can bring your spouse and children to the United States. In this article, we’ll guide you through the process of applying for both visas, ensuring that your family can join you as you pursue your professional goals in the U.S.

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

You can apply for H-1B Work VISA for US as well as H-4 VISA for your dependent family members if you can qualify the following criteria:

Eligibility for H-1B Visa

Employer Requirements:

• • The position must be a specialty occupation, requiring at least a bachelor’s degree or equivalent.
  • The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor, ensuring the prevailing wage is paid.
  • The employer must demonstrate the financial ability to pay the offered salary.

Employee Requirements:

• • Must hold a bachelor’s degree or higher in a field related to the specialty occupation.
  • The education and experience must align with the job’s requirements.
  • Must have a job offer from a U.S. employer for a specialty occupation.

Eligibility for H-4 Visa

Spouse and Children:

• • Spouses and unmarried children under 21 years of age are eligible.
  • Must provide evidence of relationship (marriage certificate for spouse, birth certificates for children).
  • The primary H-1B visa holder’s status must be valid.

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

You will need to process your work visa and family visa in 2 basic parts as explained below:

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

• Secure a Sponsoring Employer: The first step is to obtain a job offer from a U.S. employer who is willing to sponsor your H-1B visa for qualified H-1B occupations.
• Labor Condition Application (LCA): The employer files an LCA with the U.S. Department of Labor, certifying that the wage offered is on par with the prevailing wage and that hiring a foreign worker will not adversely affect U.S. workers.
• H-1B Registration: The employer registers you in the H-1B lottery system during the designated registration period that will start in March 2025.
• Petition Filing (Form I-129): If selected in the lottery, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS), including all necessary documents.
• Processing and Approval: USCIS reviews the petition, and if approved, the employee receives a Notice of Action (Form I-797).

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

• Document Preparation: Dependents need to gather required documents, including passports, DS-160 forms, marriage and birth certificates, H-1B approval notice, and evidence of financial support.
• Fee Payment: Submit standard fee for a non-immigrant visa application, which is $185 per applicant.
• Interview Scheduling: Schedule visa interviews at the U.S. embassy or consulate in your home country.
• Attend Interviews: Attend the interviews with all required documents, ready to answer questions about your relationship, purpose of travel, and ties to your home country.
• Visa Issuance: If approved, the H-4 visas are stamped in the dependents’ passports.

Important Considerations

• H-1B Visa Cap: The H-1B visa is subject to an annual cap, and a lottery system is used to select applicants.
• Processing Times: H-1B and H-4 visa processing times can vary. Premium processing is available for H-1B visas for an additional fee.
• Consult an Immigration Attorney: Due to the complexities of the application process, it is advisable to consult an immigration attorney.
• Stay Updated: Immigration laws and procedures are subject to change. Always check the latest guidelines from USCIS or consult a professional for up-to-date information.

Bringing your family with you to the U.S. on an H-1B visa is a significant benefit, offering the opportunity to work in your chosen field while keeping your loved ones close. By understanding the H-1B and H-4 visa processes, eligibility requirements, and the application steps, you can navigate the journey smoothly. Remember to leverage the available job platforms to secure a position and consult with professionals to ensure a successful visa application process.

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