Can H4 work in the USA? This is a question that many individuals on H4 dependent visas often ponder. The H4 visa is a non-immigrant visa issued to the spouse or children of H1B visa holders, who are employed in the United States. While the H4 visa does not grant the holder the right to work, there have been instances where H4 visa holders have managed to secure employment in the USA. In this article, we will explore the possibilities and limitations of working on an H4 visa in the USA.
The H4 visa is primarily designed to allow the dependents of H1B visa holders to stay in the United States while their spouse or parent continues to work. Initially, the H4 visa holders were not permitted to work. However, in 2015, the U.S. Department of Homeland Security (DHS) proposed a rule change that would allow H4 visa holders to apply for work authorization. This proposal sparked a heated debate among various stakeholders, including immigration advocates, businesses, and the H4 visa holders themselves.
The proposed rule change aimed to provide H4 visa holders with more flexibility and opportunities to contribute to the U.S. economy. If implemented, it would have allowed H4 visa holders to work in the USA, thereby providing them with a means to support themselves and their families. However, the rule change was later blocked by a federal judge in Texas, and the Department of Homeland Security decided not to appeal the decision.
Despite the blocked rule change, some H4 visa holders have found ways to work in the USA. One such method is through the use of an EAD (Employment Authorization Document). An EAD is a work permit issued by the U.S. Citizenship and Immigration Services (USCIS) that allows the holder to work in the United States. While H4 visa holders are not eligible for an EAD, there have been instances where they have been granted one under certain circumstances.
For example, some H4 visa holders have been able to obtain an EAD by demonstrating that their spouse’s H1B visa is being terminated or that their spouse is unable to work due to a medical condition. In such cases, the H4 visa holder may be eligible for an EAD based on their own qualifying circumstances. However, it is important to note that this is not a guaranteed process, and the approval rate for EADs for H4 visa holders is relatively low.
Another way for H4 visa holders to work in the USA is through entrepreneurship. While there is no specific provision for H4 visa holders to start their own businesses, some have managed to do so by leveraging their skills and knowledge. This approach requires a strong business plan and a clear understanding of the legal and regulatory framework surrounding business ownership in the USA.
In conclusion, while the H4 visa does not grant the holder the right to work in the USA, there are still ways for H4 visa holders to secure employment. The blocked rule change to allow H4 visa holders to apply for work authorization has not deterred some from exploring alternative options, such as obtaining an EAD or starting their own businesses. However, it is crucial for H4 visa holders to understand the legal implications and limitations of working in the USA while on an H4 visa.
