I am in the U.S. in H1B status, but my wife and child have been stuck in India since March. Can they return to the U.S. in H-4 status?


If your wife and child each have valid H-4 visa “stamps” in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp. One possibility may be for them to apply for a waiver of the executive order to see if any exception may apply. It is unlikely that a “family unity” argument alone will not be sufficient for the waiver to be granted. Another option may be to apply for another category of visa, such as B-2 tourist visa, to enter the U.S. temporarily. Since the goal of the Proclamation was to protect U.S. jobs due to the Covid-19 emergency, separating spouses and children who do not work and are stuck abroad, makes no sense. (23.Jun.2020, updated for clarification)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.


Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.