Frequently Asked Questions Concerning the H Visa

Can I travel to the United States using Form I-797 (Notice of Action)?

No. The Form I-797 is not a travel document. In order to travel to the United States, you must apply for and receive an H visa.

I changed my visa status and subsequently departed the United States. How can I re-enter the United States?

If someone changed status to H status in the United States, he or she does not need an H visa to maintain legal status while in the United States.  However, a visa is required if the beneficiary subsequently leaves the United States and wishes to re-enter as an H nonimmigrant.  The applicant must apply for a visa at the U.S. Embassy in Bogotá.  The Form I-797 (Notice of Action), which informed the applicant that the change of status to H status was approved, is not a travel document and cannot take the place of a visa.

Can my spouse or child travel with me?

Spouses and/or children under the age of 21 can receive a derivative (H-4) visa to accompany or follow-to-join the principal visa holder in the United States.  The application procedure is the same.  Derivatives are generally subject to the same visa validity, period of admission, and limitation of stay as the principal applicant.  The spouse and any child age 14 years of age and older must be present at the interview.  Note that U.S. law does not recognize Colombian common-law marriages (unión libre), and such spouses therefore do not qualify for derivative visas.

How can I apply for a derivative (H-4) visa?

Derivatives must apply for a visa, following the same instructions as the principal applicant.  When a derivative applies for an H-4 visa to follow-to-join a principal H nonimmigrant already in the United States, the consular officer also must be satisfied that the principal applicant is maintaining H status before issuing the visa.  Therefore, in addition to the normal H documents, such applicants must present:

• The principal applicant’s original Form I-797 (Notice of Action). 
• A photocopy of the principal applicant’s issued H visa and U.S. entry stamp or, if the applicant changed status to H status, the original Form I-797 approving the change of status.
• A photocopy of the approved Form I-129 (Petition for a Nonimmigrant Worker)
• Certified copies of the birth/marriage certificates showing the relationship between the principal alien and the H-4 applicant.
• A job letter from the principal applicant’s current employer.

The spouse and any child age 14 years of age and older must be present at the interview.

Can my stepchild apply for a derivative (H-4) visa?

If the marriage creating the stepchild relationship occurred before the child’s eighteenth birthday, the child may apply for a derivative visa.  Your child’s application materials must include a copy of your marriage certificate establishing the stepchild relationship.

Can I work in the United States on a derivative (H-4) visa?

No.  Individuals in H-4 status cannot work while in the United States.

Can I change employers while in the United States in H nonimmigrant status?

Yes.  For further information, please contact the U.S. Citizenship and Immigration Services Service Center with jurisdiction over the area where the proposed employment will take place.

Do I have to pay U.S. income taxes while in the United States?

Please contact the Internal Revenue Service of the U.S. Department of the Treasury for questions concerning U.S. taxes.

What should do if I am fired from my job in the United States?

Individuals must immediately report any change in their employment status to the USCIS Service Center with jurisdiction over the area where he or she was employed.

The consular officer returned my approved petition to U.S. Citizenship and Immigration Services. What does that mean?

If, during the interview process, the consular officer has reason to believe that you do not qualify for the visa or that there was misrepresentation in the petition process, the consular officer will return the approved Form I-129 (Petition for a Nonimmigrant Worker) U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security with the recommendation that the petition be revoked.  USCIS will review the evidence and decide whether or not the Nonimmigrant Visa Unit should continue processing your case.  Please remember that the Nonimmigrant Visa Unit cannot control how long this decision will take; a USCIS office in the United States makes the decision.  Your case will remain suspended while USCIS makes a decision, and you will be unable to travel to the United States in the meantime.  If USCIS decides to reaffirm its approval of the Form I-129, the Nonimmigrant Visa Unit will contact you and ask you to make an appointment for a follow-up interview with a consular officer.

I had an exchange visitor (J) visa and am subject to the two-year foreign residence requirement. What should I do?

We cannot approve H or L visas for individuals subject to the two-year foreign residence requirement under Section (212)(e) of the Immigration and Nationality Act unless those individuals have received an approved waiver or have returned to his or her home country for at least two years.  If you had a J-2 visa as the child or spouse of a J-1 visa holder subject to the two-year foreign residence requirement, you are also subject to the same requirements.