| H-4
Derivative classification for accompanying spouses
and children
The H-4 category is intended for the spouse or children
who are following to join or accompanying a principal
H-1, H-2, or H-3 nonimmigrant.
Spouses and children must be able to document their
relationship to the principal alien. In order
to qualify as an H-4 nonimmigrant, a child must be
both single, and under the age of 21 years.
It must be shown that the family of the principal
alien is also coming to the US on a temporary
basis, and that the family maintains their primary
residence abroad, if these requirements apply
to the principal alien.
The H-4 classification is routinely issued when the
applicants are accompanying a principal alien.
However, before the issuance of an H-4 visa, the consular
officer must be satisfied that the principal
alien is maintaining the appropriate H status. Therefore,
the
family of the principal alien should provide the consular
officer with a copy of the principal alien’s
approval notice and a copy of the principal alien’s
I-94 Arrival-Departure document, containing the appropriate
endorsements. The spouse or child may
also apply under the B-2 visitor visa, if application
for the H-4 visa would not be convenient.
Neither the spouse nor the child of a principal “H”
alien may work in the US without an authorization
that permits employment that is independent of the
H-4 classification. However, aliens in this derivative
classification may pursue studies as a primary activity,
and are usually accepted for free study at public
schools. H-4 aliens may also engage in any other
activities ordinarily permitted to B-2 visitors.
The H-4 accompanying aliens are not included in the
numerical count limitations imposed on the nonimmigrant
categories. |
