Whether you are an immigrant in the United States looking to bring your parents over or a foreign worker enjoying your H1B status seeking your parents to live with you, the H1B Parents Visa is a viable option. In this comprehensive guide, we will discuss everything you need to know about the H1B Parents Visa to make the application process easier for you.
- H1B parents visa is a non-immigrant visa that allows foreign workers (H1B visa holders) to bring their parents over to the United States.
- Eligible applicants need to be in H1B status and have a dependent parent over the age of 60 with no other significant sources of financial support.
- To submit the application, you need to gather relevant documentation, fill out Form I-539, pay the processing fee, and wait for your application to be approved.
- H1B parents visa is initially valid for two years and can be extended for a longer period if you meet the eligibility criteria.
Eligibility Criteria for H1B Parents Visa
To apply for the H1B Parents Visa, you need to meet the following eligibility criteria:
- You must hold an H1B visa and be in H1B status.
- You must have a dependent parent over the age of 60 who has no other significant sources of financial support, such as a job or an adequate pension.
- Your parent(s) must not have any underlying medical condition or remain under long-term care.
- You also need to provide evidence that you can financially support your parent(s) while they stay in the United States.
Application Process for H1B Parents Visa
To apply for an H1B Parents Visa, you need to follow these steps:
Step 1: Gather Required Documentation
Prepare, sign and date the following documents:
- Form I-539 for change of status
- Receipt of payment of I-539 processing fee
- A copy of Form I-94 Arrival/Departure Record
- A copy of your H1B visa, passport, and I-797 approval notice
- A notarized affidavit of financial support signed by yourself
- Proof of your parent’s relationship to you, such as a birth certificate or marriage certificate
- A letter from a U.S. licensed physician stating that your parent(s) are medically fit to travel
Step 2: Fill Out Form I-539
The H1B Parents Visa application process begins with Form I-539, which is an application to change or extend status in the United States. You must complete the form accurately and submit it along with the required documentation.
Step 3: Pay the Processing Fee
Along with your Form I-539 application, you must also pay the processing fee, which is $370. It’s a non-refundable fee, so make sure to double-check everything before you submit.
Step 4: Wait for Approval
After submitting your H1B Parents Visa application, you will receive a receipt from USCIS with your case number. You can then use this number to track your application status online. Depending on the USCIS service center processing your application, it typically takes between 2 to 12 months to receive a decision from them.
H1B Parents Visa Validity and Extension
The H1B Parents Visa is initially valid for two years, and you can apply for an extension of stay up to the maximum period of six years. To extend the H1B Parents Visa, you must file Form I-539 and send it to the USCIS before the current visa expires.
The H1B Parents Visa is undoubtedly a complex procedure, but it’s worth it to keep your family together while you work in the United States. We hope this guide has helped you understand the application process, eligibility criteria, and documents needed better. We wish you all the luck with your H1B Parents Visa application.
Can my spouse apply for an H1B Parents Visa on my behalf?
No, only H1B visa holders can apply for the H1B Parents Visa on their parents’ behalf.
Can I apply for an H1B Parents Visa while my parent(s) are in the United States?
Yes, you can apply for an H1B Parents Visa while your parent(s) are in the United States, provided they hold a valid non-immigrant visa or permission to stay.
How long does it take to process the H1B Parents Visa application?
The processing time for an H1B Parents Visa application can vary depending on factors such as the service center processing your application, your location, and the time of year you applied. Typically, the processing time ranges between 2 to 12 months.