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H-4 is an Nonimmigrant Status with the Restriction of No Employment Permit

Dr. William:

I am in H1B status, and I am in the process of applying for the Green Card with my employer's sponsorship. My wife is in the H-4 status, and she can not work because of no employment permit. We want to know if my wife can accept some kind of in-home daycare job, or even have her own self-employment business in U.S. with her H-4 status?

Answer:

H-4 is an nonimmigrant status that is given to spouse, with the restriction of no employment permit. According to U.S. immigration law, if an alien is not authorized to work, this means that alien cannot work at all, this includes no in-home daycare, no self-employment, and no running one's own business.

The only exception is the volunteer work or charitable work without compensation. The alien may take care of a friend's child on occasion, but it should not involve compensation and on a regular schedule.




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