Other Immigration Info
As an international student, trainee, employee, or visitor, you may be interested in a visa status other than H-1B, J-1, or O-1. You may also want to change your visa status from one category to another.
Other common visa categories include the following.
- H-4 Spouse & Children
H-1B employees have the responsibility for obtaining and ensuring immigration compliance for any dependents in H-4 status.
OIA cannot provide advice on dependent’s visa application but can refer you to an UTSW approved immigration attorney for assistance on specific matters relating to the legal affairs of family members. The attorney handling the H-1B petition will bill the H-1B employee directly for any services rendered on behalf of the dependents.
The H1B employee can also visit the USCIS site for information on applying for an H-4.
Who can be an H-4 Dependent
Your legal spouse and/or unmarried children under 21 years of age may seek H-4 status. Since H-4 status is based on your H-1B status, your dependents will lose H-4 status if you end, or otherwise fail to maintain, valid H-1B status.
All other family members may be eligible for a B-1 or B-2 visitor’s visa to gain entry to the U.S.
Obtaining and extending H-4 status will vary depending on whether your dependents are inside the U.S. or outside the U.S.
Outside the U.S.
Your dependents can obtain or extend H-4 status by applying for H-4 visa stamps at a U.S. Embassy or Consulate abroad. They may do this at the same time you are applying for your H-1B visa stamp, or separately if they will join you at a later date. For instructions on how to apply, review the information provided by the U.S. consulate or embassy where you and/or your dependents will apply for your visa stamps.
Inside the U.S.
If the UTSW is filing your paper-based (not electronically filed) H-1B application, please be aware that as a courtesy the Office of Immigration Affairs (OIA) can include a sealed H-4 petition called a Form I-539, Application to Extend-Change Non-Immigrant Status, in the paper filed H-1B petition package sent to USCIS; however, UTSW is not the sponsor of the H-4.
Any H-4 petition provided to the Office of Immigration Affairs (OIA) by the H-1B applicant/beneficiary will be included in the H-1B petition package without review, modification, or updates by the OIA.
Additionally, by providing a sealed H-4 petition package to the OIA to include in the paper filed H-1B petition package, the H-1B applicant grants the OIA permission to include the H-4 petition as provided in the H-1B petition package and acknowledges that the OIA assumes no liability for the outcome of the H-4 petition.
You are responsible for completing all Form I-539s and Form I-539As. These applications are considered personal and OIA is unable to prepare these forms on your behalf.
Because Form I-539 or I-539A is a personal application, OIA is not authorized to contact USCIS to inquire on the status of individual I-539 extension cases. You are responsible for all dependent filing fees. The UTSW will not pay dependent filing fees for Form I-539.
Employment
Most H-4 dependents are not allowed to work while in the US. However, Some H-4 dependent spouses can file for work permission if you are at a certain point in the process of seeking employment-based lawful permanent resident status.
Please visit the USCIS Employment Authorization for Certain H-4 Dependent Spouses page to learn more.
Study
Dependents in H-4 status are permitted to study while in the US, on either a part-time or full-time basis.
If your H-4 dependent child wishes to work and study while in college, they should consider switching to F-1 status. F-1 status allows them to work up to 20 hours per week while studying full-time. They should talk to the F-1 advisor at the school they are attending before making any decisions.
Travel
Traveling outside the US while an H-4 application is pending can lead to the application being denied. Leaving the country while USCIS is reviewing the application may cause them to consider it abandoned. This can also lead to the denial of any pending EAD renewal.
However, H-4 approved dependents are eligible to depart the U.S. and re-enter the U.S with a valid H-4 visa, provided the H-1B employee is maintaining status. H-4 dependents should also carry proof of the H-1B's maintenance of status (e.g., copy of I-797 approval notice, proof of continued employment, etc.).
- Visa Change / Change of Status
Visa Change
International visitors may qualify to change their visa status while they are in the United States. Individuals who have a pending change of status application/petition with USCIS may not leave the U.S. while their petition is pending.
UT Southwestern employees or visitors who are interested in change of status information should reach out to their Office of International Affairs (OIA) immigration specialist for guidance regarding change of status.
OIA also assists international students, trainees, and employees in changing their status from J-1 or F-1 to H-1B status. Please see more information below.
J-1 to H-1B Change of Status
J-1 visa holders may change their status to H-1B. A J-1 who is considering changing their visa status should review the two-year home country physical presence requirement. J-1 visa holders subject to the 212(e) two-year home country residence requirement will not qualify for change of status until a J-1 waiver is approved.
J-1 visa holders’ change of status must be filed prior to the end of their grace period.
F-1 to H-1B Change of Status
F-1 visa holders may change their status to H-1B. UT Southwestern is not subject to the H-1B cap. This means that UT Southwestern can file H-1B petitions for individuals offered employment at UT Southwestern that qualifies for H-1B sponsorship anytime during the year.
F-1 visa holders who are interested in working for an employer subject to the H-1B cap should refer any questions to their prospective employer.
F-1 visa holders’ change of status must be filed prior to the end of their grace period.
- Employment Authorization Document (EAD)
An EAD is an employment authorization document issued by U.S. Citizenship and Immigration Services (USCIS) to allow internationals who are in certain visa categories to work while in the United States. For more EAD application information, please visit the USCIS website.
- Visa Waiver Program
Citizens or nationals of participating countries may participate in Visa Waiver Program. This program is not appropriate for individuals planning to study or work in the United States.
- B1 / B2
The B-1/B-2 visitor visa is for business or tourism. Individuals on this visa category are limited in the activities they are allowed to participate in while in the United States.
B-1/B-2 visas may be appropriate for medical graduates who are coming to observe a faculty member in a clinical setting.