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The H-4 visa allows dependent family members of H-2A workers to accompany or join them in the United States. Here are the steps an H-2A employer can take to assist workers' spouses and children under 21 with obtaining an H-4 visa:
Eligibility Requirements
To be eligible for an H-4 visa, the applicant must be the spouse or unmarried child under 21 of an H-2A worker 1. The H-2A worker must maintain valid H-2A status while the H-4 visa holder is in the United States 23.
Application Process
There are two ways a dependent can obtain an H-4 visa:
1. Applying from Outside the U.S.
If the dependent is outside the U.S., they must go through the visa application process at a U.S. embassy or consulate 4:
- Complete the DS-160 visa application form online
- Pay the visa application fee
- Schedule a visa interview appointment
- Attend the visa interview with required documents
2. Applying from Within the U.S.
If the dependent is already in the U.S. in a different nonimmigrant status, they can apply to change status to H-4 4:
- Complete Form I-539 and submit to USCIS with supporting documents
- Include copies of the H-2A worker's I-797 approval notice and I-94 showing H-2A status
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Provide proof of relationship such as marriage certificate or birth certificate
Supporting Documents
The H-4 applicant will need to provide supporting documentation during the visa or change of status process. This includes 5:
- Passport valid for 6 months
- Photos meeting visa requirements
- Proof of relationship to H-2A worker
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Financial evidence showing support from H-2A worker
Visa Interview Tips
If applying at a consulate, the H-4 visa applicant will need to attend an in-person interview. Here are some tips to prepare 5:
- Be able to describe the H-2A worker's job and status
- Bring originals and photocopies of all required documents
- Answer questions from the consular officer honestly