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G-1 Visa: Can my dependents work/study in the U.S.?

By December 28, 2023Uncategorized
work and study

G-1 Visa  is a non-immigrant visa for members of Permanent mission from a recognized government to an international organization (e.g. a Permanent Mission of your country to the UN).

If you have a G-1 visa, you would generally be admitted to the U.S. for a Duration of Status (D/S) and you could stay in the U.S. for as long as you are recognized by the Secretary of State as being entitled to the G-1 status.

Please see our blog post on whether you can Change status if you are in the U.S. on a G-1 status here.

Which of my dependents can work in the U.S.?

The following dependents of a G-1 principal can work in the U.S. (if they reside in the same household as you, the G-1 principal):

  • Your spouse,
  • Your unmarried children under the age of 21,
  • You unmarried children under the age of 23 if they attend school full-time,
  • Your unmarried children under the age of 25 if they attend school full-time and there is a formal bilateral employment agreement permitting their employment in the United and such bilateral employment agreement does not specify 23 as the maximum age for employment of such sons and daughters (The Office of Protocol of the Department of State shall maintain a list of states that signed such an agreement), or
  • Your immediate family member who:
  • Resides regularly in your household;
  • Is not member of some other household;
  • Is recognized as a dependent of the principal alien by the sending government or international organization, as demonstrated by eligibility for rights and benefits, such as the issuance of a diplomatic or official passport, or travel or other allowances; and
  • Is individually authorized by the Department.

Please also note that there must be a formal bilateral employment agreement or an informal de facto reciprocal agreement between the U.S. and the home country for the dependents to be able to work (but there are approximately 157 states that have such agreements).

Do my dependents need to apply for a work authorization?

Yes, if your dependent falls under the definition above and wants to work in the U.S., he/she will need to get a work authorization before starting to work in the U.S. (meaning that the dependents cannot just work based on their status in the U.S. and they need an approval from the government and a so-called EAD work authorization card to start working). If they work in the U.S. prior to getting the work authorization, this would be viewed as violation of their status in the U.S.

The dependent will have to file Form I-765 (Application for Work Authorization) & submit the necessary supporting documentation via the international organization where the principal is employed (for example, if the principal is an employee of the UN Mission in NYC, the application would be generally submitted to the office of the U.S. Mission to the UN).

The dependent will also need to submit 2 copies of the I-566 form with his/her application.

Please note that the process of getting the employment authorization will take some time (the current processing time at the time of writing this blog post for G1 dependents is around 12-18 weeks).

Can my children study in the U.S.?

Yes, your spouse and your children can study in the U.S. If your children are ages 21-23 (or 25), they need to study full-time in order to maintain the G-1 status.

Can you as the principal work outside your G-1 employment?

No, you as the G-1 principal can only work for the G-1 Employer organization in the U.S. Any other employment would be considered as violation of your status.

Can you as the principal study in the U.S.?

Yes, this is allowed.

Please note that your family members who will work in the U.S. will have to pay any applicable federal and state income taxes on the income they earn while working in the U.S.

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