• H4 visa require ECNR stamp

This year I got H1B and I am planning to apply passports for my Wife and daughter for H4 visa.

Here my question: My wife lost all her educational certificates file (even she don't have photo copies also), so If I apply the passport with educational background then she will get ECR stamped on her passport. Then, Is here eligible to travel US as dependent (h4 visa) without ECNR?
Asked 3 years ago in Civil Law from Hyderabad, Andhra Pradesh
ECNR stands for Emigration Check Not Required and ECR stands for Emigration Check Required . The idea behind ECR stamp in the passport is to protect Indian citizens from  legal conditions of other countries. According to the Emigration Act 1983, ‘Emigration’ means Indian citizen leaving India with the intent to acquire employment in a foreign country. So, Indians that fulfill certain conditions are required to obtain Emigration clearance on their passport from Protector of Emigrants(POE), for going abroad.

H4 visa is issued to the dependent family members (spouse and Children) of H1 visa holders who would like to accompany the H1B visa holder in the U.S. during the period of their stay. the principal applicant is always the H1B visa holder. Immediate family members like spouse and children under 21 yrs can qualify for this visa and can apply at the US Consulate in their home country.As an H4 visa holder, you're not authorized to be employed in the US and are not eligible to get a Social Security Number. You can, however:

get a Drivers license
pursue education
open bank account(s)
are eligible for an ITIN (Tax ID for IRS Tax purposes)
Make no mistake in filling out the visa application and understanding the legalities related to the H4 visa.
The key to getting the H4 visa is doing the right thing at the right time and at the right place. Complete your H4 visa paperwork, understand the process, and be proactive during the application period.
Following is the list of documents required to prepare for H4 visa stamping. Remember that if you have the proper documents in place, the process is very simple.

Completed Non-immigration H4 visa application form DS-160 stamped at the Visa Application Center (VAC). Separate form for each applicant. [Sample Form DS-160]
Application US visa fee receipt.
US Visa Interview Appointment Letter which you get in your email inbox at the time of taking a US visa appointment.
Valid passport of each applicant.
Previous passports held by each applicant
One photograph: 2 and 2 inches square (50 mm square) for each applicant, showing full face, without head covering, against a light background. To be used in the application Form. US consulates are very particular about the Photographs specification. You must follow these guidelines for photographs. Check out the guidelines for photograph required for US visa.
Receipt of US Visa application fee. Read more about the US visa fee here.
If the applicant is below 14 yrs of age, Original Birth Certificate of this applicant (child) is required.
Original marriage certificate.
Entire wedding photo album.
A copy of marriage invitation card of both the families.
Complete copy of all the pages of your principal H1's passport.
Copy of principal H1 holders approved petition I797, form I-129 and LCA.
H1B visa holder's employment verification letter. See a sample employment verification letter.
Pay stubs from principal applicant's current place of work and income tax return (if the H1 holder is already working in U.S.)
When in doubt while collecting papers, always go for collecting more information than less. Once you have collected all the relevant pieces of information, getting the visa is a matter of time.
T Kalaiselvan
Advocate, Vellore
34540 Answers
372 Consultations

5.0 on 5.0

1) ECNR stands for Emigration Check Not Required and ECR stands for Emigration Check Required

2) the following applicants are eligible for ECNR status regardless of its requirement in certain countries -

Holders of Diplomatic / Official Passports
Gazetted Government servants, their spouses and dependent children
Income tax payers, their spouses and dependent children
Professional degree holders
Persons having educational qualification of matriculation and above.
Seamen who are in possession of Continuous Discharge Certificate (CDC), or Sea Cadets and Deck Cadets
Persons holding permanent immigration Visas, such as the visas of UK, USA and Australia.
Persons possessing two or three years’ diploma from any institute recognized by the National Council for Vocational Training (NCVT) or State Council of Vocational Training (SCVT).
Qualified Nurses, recognized under the Indian Nursing Council Act, 1947.
Persons above the age of 50 years.
All persons who have been staying abroad for more than three years (the period of three years could be either in one stretch or broken) and their spouses.
Children up to 18 years of age.

3) You are required to apply for ECNR stamp when -
Travelling to any of the below countries; and do not already have ECNR stamp on your passport or ECR is endorsed on your passport.
United Arab Emirates (UAE), The Kingdom of Saudi Arabia (KSA), Qatar, Oman, Kuwait, Bahrain, Malaysia, Libya, Jordan, Brunei, Yemen, Sudan, Afghanistan, Indonesia, Syria, Lebanon, Thailand and Iraq.

4) your wife can travel to USA on H4 visa . family members cannot engage in any  form of employment under H4 visa 

5)ECNR is not required for travel to USA 
Ajay Sethi
Advocate, Mumbai
44403 Answers
2580 Consultations

5.0 on 5.0

Nadeem Qureshi
Advocate, New Delhi
4796 Answers
220 Consultations

4.9 on 5.0

Without producing original as well as photocopy of your wife's educational certificates, she will get ECR stamping for sure. Your wife can travel as dependent to US however, one day prior to the travel she'll have to appear before immigration authorities. You can apply for issuance of 'Duplicate Certificates' from the respective educational institutes after lodging complaint with the local police station.   
Rajni Sinha
Advocate, Mumbai
328 Answers
34 Consultations

4.6 on 5.0

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