"I
feel helpless. Back home I was working with a fashion
house as their primary designer. Here I have nothing
to do but sit at home. Not like my friend Suzanne,
who got her employment authorization and now works
for a consulting company." says Olivia with
sadness in her voice.
Both Olivia and Suzanne are good friends from France,
have the same academic background, live in the same
city in California and their husbands work in the
same company as Business Analysts. While Suzanne
can work in the US, Olivia is not authorized to
do so. Why? Olivia is on H-4
status and Suzanne is on L-2.
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. This article discusses the situations
when a dependant spouse can work or study in the
United States.
Dependants of H nonimmigrants (H-4 visa)
In
the above example, Olivia cannot work in the US
because she is on 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.
Dependants of L-1 nonimmigrants (L-2 visa)
Suzanne can work in the US because she is on 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.
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.
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
-
May not use your income to support your J-1
spouse or parent
-
May begin working only after you receive your
Employment Authorization document from the U.S.
Citizenship and Immigration Services (USCIS)
- May
work part-time or full-time, at any job, for
any employer. There is no limit to the amount
you may earn
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.
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.
Conclusion
Though immigration regulations allow certain spouses
in dependant visa status to apply for employment
authorization, for some, working in US is a distant
dream. However, there are situations where persons
in a situation similar to Olivia are able to work.
They can change their status to a work visa, provided
they have the required qualifications, experience
in their field of expertise and a valid job offer
from a US employer. One other situation where a
dependent spouse can start working in the US can
be when the principal spouse's employer files for
permanent residence for that spouse, and subsequently
the dependant spouse may become eligible to apply
for Employment Authorization. However, for persons
not eligible for any of these alternatives, working
in the US still remains a distant dream.
A few weeks later Olivia receives a call… “Hi
Olivia, this is Rose from VisaPro. Your H-1B
petition has been approved. Congratulations! You
can soon start working.”
Contact VisaPro if you have any questions regarding any type of employment based and family based petitions. Our experienced attorneys will be happy to assist you.
We cover the latest happenings on work visas in Immigration Monitor, our monthly newsletter. Click here to subscribe to Immigration Monitor.
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