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Certain Spouses in Dependant Visa Status Can Apply for Employment Authorization |
11/23/2006
The immigration regulations allow certain spouses in dependant visa status to apply for employment authorization. However, there are other situations where a dependent spouse can not work in the US. Dependants of personnel with work visas in the US are not generally allowed to work in the US, unless they qualify for a work visa in their own. However, spouses of certain student or work visa holders can apply for employment authorization.
1) Dependants of H nonimmigrants (H-4 visa): Dependants cannot work in the U.S. because of the H-4 visa. Dependants on H-4 visas must be supported by the principal H visa holder. However it is possible to study on H-4 without converting to a student visa.
2) Dependants of L-1 nonimmigrants (L-2 visa): Dependants can work in the U.S. because of the L-2 status. As a spouse of L-1 visa holder you may work part-time or full-time in the U.S. You must apply for and receive proper employment authorization from the USCIS before you can start working. You may also engage in full-time study in the U.S. However, you may not apply for employment authorization if you are a dependant child on L-2 visa.
3) Dependants of E-1 or E-2 nonimmigrants: Dependant spouses of E-1 and E-2 visa holders may seek employment by applying for Employment Authorization using Form I-765. You may also attend U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.
4) Dependants of J-1 nonimmigrants (J-2 visa): You may work in the U.S. on J-2 visa, if you receive special permission from the USCIS and the money is not needed to support the principal J-1 visa holder. However, an application for permission to work can only be made after the J-2 visa holder's arrival in the U.S. and will be considered in light of policies then in effect. To apply for work authorization on J-2 visa, you must hold valid J-2 status, and the Exchange Visitor must hold valid J-1 status, as shown on your Form I-94 Departure Record cards. You may also study on J-2 visa. There is no requirement that the spouse and/or children of a J-1 visa holder apply for a student visa if they wish to study in the U.S.
5) Dependants of F-1 nonimmigrants (F-2 visa): You may not take up paid employment while in the U.S. on F-2 visa. As an F-2 spouse you may not engage in full time study and F-2 child may only engage in full time elementary or secondary school (kindergarten through twelfth grade) study. F-2 spouse or child may engage in a study that is vocational or recreational in nature.
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