[Overview of content]

1. Introduction to F-2 and H-4 Visas
2. Visa Application Process
3. Visa Application Requirements
4. List of documents required
5. Frequently Asked Questions and Suggestions

I. Introduction to F-2 and H-4 Visas

1. F-2 Visa (F-1 Student Dependent Visa)

• Applicable objects: Spouses and unmarried children under the age of 21 of F-1 student visa holders.

• visa purpose: Allow family members to travel to the U.S. to accompany F-1 students and maintain family reunification.

• Main rights::

  • May reside in the U.S. for an extended period of time, valid for the same period as an F-1 holder.

  • Children may attend K-12 public schools; college requires conversion of F-1 visas.

  • Not allowed to workThe applicant is also not eligible to apply for a Worker's Identification Card (EAD).

• limitation::

  • F-2 holders cannot pursue a degree full-time (need to convert to F-1 visa).

  • No paid work is allowed without legal work privileges.

2. H-4 Visa (Work Visa Dependent Visa such as H-1B)

• Applicable objects: Spouses and unmarried children under 21 years of age of H-1B, H-1C, H-2A/B, and H-3 work visa holders.

• visa purpose: Allow family members to travel to the U.S. to accompany the principal applicant and maintain family unity.

• Main rights::

  • May reside in the U.S. for an extended period of time, valid for the same period as a primary visa such as an H-1B.

  • Free to study (including university) without the need to switch visas.

  • Some H-4 spouses may apply for an Employment Access Card (EAD)(Requires that the principal applicant has an approved I-140 immigrant petition or is in an H-1B extension).

• limitation::

  • No autowork privileges, conditions need to be met to apply for EAD.

  • If the principal applicant loses status (e.g., H-1B denial or unemployment), H-4 status may be affected.

* :: Both visas are nonimmigrant visas that allow family members to accompany the principal applicant to reside in the United States. Neither can work in the U.S. on their own (except for the H-4, which can apply for a worker's card under certain circumstances).

II. Visa Application Process

Overseas application process (first time application)

1. Obtain admission/employment and visa approval for the principal applicant

• F-2 requires F-1 principal applicant to obtain Form I-20
• H-4 Requires H-1B Principal Applicant to Receive I-797 Approval Notice

2. Application for F-2 or H-4 documents from the principal applicant's school/employer

• F-2: F-2 I-20 issued by the school's international student office
• H-4: No new form required, but H-1B materials for principal applicant are required

3. Completion of DS-160 visa application form

4. Payment of visa application fees

5. Make an appointment for an interview at the U.S. Embassy or Consulate

• Proof of family ties, financial ability, and intention to return to your home country will be required at the time of the interview.

Change of status within the country (e.g. B1/B2 or F1 to F2)

• Submit Form I-539 and Supporting Documents to USCIS
• Pending authorization, during which time no illegal stay or work is permitted

III. Visa application requirements

1. Spouse/Child Eligibility

• Legal marital relationship (F-2/H-4 spouse) or legal parentage (under 21, unmarried)
• The principal applicant has a valid visa and plans to stay in the U.S. legally.

2. Proof of financial resources

• Proof of sufficient funds to support the family in the U.S. (F-2 is especially important)

3. Proof of non-immigrant orientation

• Demonstrate future intent to return to the country of origin, especially when applying for an F-2 visa for the first time or during the student phase.

IV. List of documents required

[___Required Documents for F-2 Visa]

1. Required of the principal applicant:

• Valid F-1 Visa with Form I-20
• Proof of enrollment, transcripts or acceptance letter
• Proof of financial resources (bank deposits/scholarship certificates)

2. Required for F-2 spouses/children:

• passport
• DS-160 Confirmation Page with Visa Appointment Confirmation
• Form I-20 (issued by the school)
• Marriage certificate or birth certificate (English translation)
• Recent Group Photos
• Letter of financial support with main applicant references

[___Required Documents for H-4 Visa]

1. Required of the principal applicant:

• H-1B Approval Notice (I-797)
• Employer's work certificate, pay stubs
• Valid passport, I-94, copy of employment contract

2. Required for H-4 spouses/children:

• passport
• DS-160 Confirmation Page with Visa Appointment Information
• Copy of primary applicant's I-797
• Marriage/birth certificate with translation
• Recent pay stubs/financial certificates (optional)

V. Frequently asked questions and recommendations

Q: How does an H-4 spouse apply for a work authorization (EAD)?

A: If the H-1B principal applicant has filed an I-140 Immigrant Petition and it is approved, the H-4 spouse can file Form I-765 to apply for an EAD (Worker's Identification Card), and can legally work after obtaining it.

Q: Can F-2 spouses attend school?

A: Yes, but only for part-time programs. If you plan to study full-time, it is recommended that you convert to an F-1 visa.

Q: Can H-4 spouses study?

A: Yes, H-4 spouses can study full-time in the U.S. and even enroll in college or graduate programs without converting to an F-1.

Q: Is the visa valid for the same period as the main applicant?

A: Usually, yes. The validity and period of stay of an F-2 or H-4 visa are consistent with that of the principal applicant.

Q: Can I change my status to a green card holder?

A: F-2 can not be directly converted to green card, need to be converted to F-1/H-1B, etc.; H-4 if the main applicant applies for a green card, the spouse/children can be submitted together with the I-485 for status adjustment.