H4 visa holders are the spouses of H-1B visa holders. Traditionally, those on H4
visas are unable to work or attend school full time on their visa. However, there are
options for those looking to work or seek a degree while in the country.
The Obama administration changed the policy to allow an H4 visa holder to work.
However, the current administration undid that rule, meaning they no longer allow
H4 visa holders to work unless their spouse has an approved I-140.
There is currently a lawsuit challenging the revocation of the law that is working
its way through the courts. This has paused that decision based on other decisions
that have been reached by Federal courts.
Individuals on H4 visas are also unable to go to school full time. If a holder of a
H4 visa wants to attend school, they have to transfer to an F1 visa. It is important to
follow the requirements when changing status. For example, a person must
maintain their status up until the day that the change is approved. In other words,
they must start seven months early, so they have enough time while the current
visa is in place.
It is important for anyone on an H4 visa to understand what they can and cannot do
on their visa. For example, if they wish to return to school, they must first follow
the process of changing their visa. To discuss your options, call Hacking Law
Practice, LLC today.
