The children of many H-1B holders face uncertainty as their H-4 visas are set to expire at the age of twenty-one. Afterwards, they’ll no longer qualify as H-4 visa dependents. In the past, there’s been a two-year grace period helping ease that transition, but recent changes to the immigration system have cast doubts on whether the policy will persist.
H-4 visas give individuals legal status to dependents of H-1B visa holders. This typically includes the H-1B holders’ spouse or children. H-4 dependents lose their status when they turn twenty-one or if their H-1B holder’s employment ends. When this happens, H-4 visa holders can either depart the U.S., obtain a green card, or switch to another visa. Switching to an F-1 student visa is the most popular route. The Trump administration’s recent terminations of F-1 student visas add more uncertainty to the situation.
Since the start of President Trump’s second term in office, visa holders are facing more delays and higher levels of scrutiny during processing. H-4 dependents are highly encouraged to begin filing for a status change as soon as possible and should anticipate longer processing times and delays. H-4 spouses may be eligible for work authorization if their H-1B spouse has an approved I-140. If they do, an H-4 spouse will receive an Employment Authorization Document (EAD). This allows them to work without restrictions. This option is only available for H-4 spouses.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
