H-1B vs. H4

Attribute	H-1B	H4
Visa Type	H-1B is a non-immigrant visa for temporary workers in specialty occupations	H4 is a dependent visa for spouses and children of H-1B visa holders
Work Authorization	H-1B visa holders are authorized to work for a specific employer in the US	H4 visa holders are not authorized to work in the US, unless they obtain a separate work permit
Duration	H-1B visa is typically valid for up to 3 years, with possibility of extension	H4 visa validity is tied to the H-1B visa holder's status
Renewal	H-1B visa can be renewed for a total of 6 years	H4 visa can be renewed as long as the H-1B visa holder maintains status
Travel	H-1B visa holders can travel in and out of the US with proper documentation	H4 visa holders can travel in and out of the US with proper documentation

Overview

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. On the other hand, the H4 visa is issued to dependents of H-1B visa holders, such as spouses and children under 21 years old. While both visas are related to the H-1B program, they serve different purposes and have distinct attributes.

Eligibility

To qualify for an H-1B visa, an individual must have a job offer from a U.S. employer for a specialty occupation that requires a bachelor's degree or higher. The employer must also petition for the visa on behalf of the employee. In contrast, eligibility for an H4 visa is dependent on the relationship to the primary H-1B visa holder. Spouses and children under 21 years old are typically eligible for H4 visas.

Work Authorization

One of the key differences between the H-1B and H4 visas is work authorization. H-1B visa holders are authorized to work for the specific employer that sponsored their visa. They can change employers with the approval of a new H-1B petition. On the other hand, H4 visa holders do not have automatic work authorization. In certain circumstances, they may be eligible to apply for an Employment Authorization Document (EAD) to work in the U.S.

Duration of Stay

H-1B visas are typically granted for an initial period of three years, with the possibility of extension for up to six years. After the six-year limit, H-1B visa holders must either leave the U.S. or transition to another visa status. In contrast, H4 visas are usually issued for the same duration as the primary H-1B visa. If the H-1B visa holder's status changes, the H4 visa holder's status may also be affected.

Travel Restrictions

Both H-1B and H4 visa holders are allowed to travel in and out of the U.S. during the validity of their visas. However, H-1B visa holders must ensure that their visa stamp and employment authorization are up to date before traveling internationally. H4 visa holders should also carry necessary documentation, such as a valid passport and visa, when traveling to and from the U.S.

Impact on Green Card Applications

For H-1B visa holders, the employer sponsoring their visa may also sponsor them for a green card, leading to permanent residency in the U.S. The process of obtaining a green card can be complex and time-consuming. H4 visa holders are eligible to apply for a green card as dependents of the primary H-1B visa holder. However, the process may be delayed if the primary H-1B visa holder's green card application is pending.

Conclusion

In conclusion, the H-1B and H4 visas have distinct attributes that cater to different needs within the H-1B program. While the H-1B visa allows foreign workers to temporarily work in the U.S. in specialty occupations, the H4 visa provides dependent family members with the opportunity to accompany the primary visa holder. Understanding the differences between these visas is essential for individuals navigating the U.S. immigration system.