American Work and Family Visa Lottery Process | Get H-1B With H-4 VISA

For a considerable amount of time, professionals looking to grow in a variety of specialized fields have looked to the United States. One of the most sought-after work visas is the H-1B, which allows foreign employees to support the American economy and acquire invaluable experience.

You can enter the country with your family under the H-4 visa, which is an extra advantage of the H-1B visa. Everything you need to know about H-1B and H-4 visas will be covered in this tutorial, from understanding the fundamentals to applying them step-by-step.

Overview: H-1B Visa and H-4 Visa – Understanding the Basics

H-1B Visa

Non-immigrant H-1B visas allow U.S. employers to hire foreign nationals for specialized jobs involving technical or theoretical knowledge. This visa is frequently used in the fields of computer technology, architecture, engineering, mathematics, science, and medicine. The H-1B visa can be extended for a maximum of six years beyond its initial three-year period.

H-4 Visa

Spouses and unmarried children under 21 who are dependents of H-1B visa holders are eligible for the H-4 visa. Under the H-4 visa, family members of the primary H-1B visa holder may accompany them while they work in the United States. The spouse of an H-4 visa may apply for an Employment Authorization Document (EAD) under specific circumstances, even though the spouse is not immediately granted work authorization.

Bringing Your Family to the US: You can bring your spouse and kids to the US by acquiring an H-1B visa and H-4 visas for your dependents. We’ll walk you through the application procedure for both visas in this post, so your family can accompany you as you pursue your career objectives in the U.S.

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

If you meet the following requirements, you may apply for an H-1B Work Visa for the United States as well as an H-4 VISA for your dependent family members:

Eligibility for H-1B Visa

Employer Requirements:

• A bachelor’s degree or its equivalent must be required, as the employment must be a specialization.
• To guarantee that the prevailing wage is paid, the employer is required to submit a Labor Condition Application (LCA) to the U.S. Department of Labor.
• The company needs to show that they have the resources to pay the compensation that is being given.

Employee Requirements:

• Must be a bachelor’s degree holder or above in an area relevant to the specialty job.
• The training and experience must match the demands of the position.
• Must have a work offer for a specialty occupation from a U.S. business.

Eligibility for H-4 Visa

Spouse and Children:

• Children under 21 who are not married and spouses are eligible.
• Need to present proof of relationship (spouse’s marriage certificate, kids’ birth certificates).
• The primary H-1B visa holder must still be in good standing.

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

Your family visa and work visa must be processed in two simple steps, as outlined below:

H-1B Visa Application (by the Employer)

• Obtain a Job Offer from a U.S. Employer Willing to Sponsor Your H-1B Visa: For eligible H-1B vocations, the first step is to secure a sponsoring employer.
• Application for Labor Conditions (LCA): The employer certifies that hiring a foreign worker won’t negatively impact American workers and files an LCA with the US Department of Labor, stating that the wage offered is comparable to the going rate.
• H-1B Enrollment: During the allotted registration period, which begins in March 2025, the employer registers you in the H-1B lottery system.
• Form I-129, Petition for a Nonimmigrant Worker, must be filed with U.S. Citizenship and Immigration Services (USCIS) together with other required documentation if the employer is chosen in the lottery.
• Processing and Approval: After reviewing the petition, USCIS issues a Notice of Action (Form I-797) to the employee if it is authorized.

H-4 Visa Application (for Dependents)

• Document Preparation: Dependents must collect the necessary paperwork, such as passports, DS-160 forms, marriage and birth certificates, notices of H-1B approval, and proof of income.
• Charge Payment: The usual application charge for a non-immigrant visa is $185 per applicant. Please submit this fee.
• Setting Up Interviews: Make appointments for visa interviews at the American embassy or consulate in your nation of origin.
• Attend Interviews: Show up to the interviews prepared to answer questions regarding your travel itinerary, relationship status, and ties to your home nation. You should also bring any necessary documentation.
• Visa Issuance: The dependents’ passports are stamped with an H-4 visa if it is authorized.

Important Considerations

• H-1B Visa Cap: A lottery mechanism is utilized to select applicants for the H-1B visa, which is subject to an annual cap.
• Processing timelines: Processing timelines may differ for H-1B and H-4 visas. For a premium processing charge, H-1B visas can be processed expedited.
• Speak with an Immigration Lawyer: It is advisable to speak with an immigration attorney due to the complexity of the application process.
• Keep Up with Immigration rules and regulations might change. For the most recent information, always refer to the most recent USCIS rules or speak with an expert.

An important perk of having an H-1B visa is that it allows you to bring your family with you to the United States so you can work in your sector of choice and be near your loved ones. You can make easy progress by being aware of the H-1B and H-4 visa procedures, qualifying standards, and application procedures.

Don’t forget to use the job boards that are out there to get a job and get advice from experts to make sure your visa application is approved.