Is your spouse or parent currently working in the U.S. in H-1B, TN, E-2, L-1, or E-3 status? If so, then you may be eligible to live and, in some instances, work, in the United States. Below please find a brief description of some of the most common Dependent statuses. For the categories below, spouses and unmarried children under 21 years of age are eligible for dependent visas.
H-4 Visa: The H-4 visa is dependent on the H-1B, H-1B1, H-2B and H-3 visas. Dependents can live in the U.S. and attend school.
Work Authorization: H4 Visa holders may be eligible to apply for work authorization if they are married to an H-1B visa holder and the H-1B visa holder has reached a certain stage of the green card process.
TD Visa: The TD visa is dependent on the TN Visa (Canadian/Mexican Nationals) Dependents can live in the U.S. and attend school.
Work Authorization: TD Visa holders are not allowed to obtain Employment Authorization Documents (EAD) to work in the U.S. If they wish to find employment, they will need to apply for a different visa that permits work in the U.S.
L-2 Visa: The L-2 visa is dependent on the L-1 visa. Dependents can live in the U.S. and attend school.
Work Authorization: L-2 spouses are now able to work in the U.S. incident to their status, meaning that they no longer need to apply separately for work authorization. They are able to work with their I-797 approval notice or if they have an L-2 visa, they can use their I-94 showing L-2S status as proof of work authorization.
E-3/E-2 Visa: The E-3 spousal visa is dependent on the E-3 visa. The E2 spousal visa is dependent on the E-2 visa. Dependents can live in the U.S. and attend school.
Work Authorization: Similar to L-2s, the spouses of E Visa holders are now able to work in the U.S. incident to their status, meaning that they no longer need to apply for separately for work authorization. They are able to work with their I-797 approval notice or if they have an E-2 or E-3 visa, their I-94 that shows E3S or E2S status will serve as work authorization.
It is important to note that the validity and terms of the Dependent Visa are linked to the primary Visa holder. This concept is common in various Visa categories where family members or Dependents are allowed to accompany or join the Primary Visa holder in a foreign country.
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