Type of visa (immigration status)
Spouse or unmarried minor (under age 21) child of H-1B visa holder.
- Legal spouse or child of H-1B visa holder
- H-1B and H-4 applicants must prove that they are not subject to the 212(e) two-year home residence requirement or that they have received a waiver
Possible income from U.S. sources
- May not accept employment
Maximum length of stay in U.S.
- As long as H-1B maintains status (H-1B status is for a maximum of 6 years).
- May have long-term intent to immigrate
- Not subject to home-country residence requirement
- May study full-time and pay in-state resident tuition rates
- Dependents may not work
Supporting documentation needed
- Proof of exemption to the home-country residence requirement
- Proof of relationship to H-1B
- Copies of all past immigration and travel documents (i.e. I-20s, DS-2019s, I-797s, I-94s, Passports, Visa Stamps)
- I-539 and $290 check for Department of Homeland Security
- I-797 Approval Notice issued by U.S. Citizenship and Immigration Services