Visas Allowing Spouse and Children of Visa Holder to Work

Clients of May Law Group who hold certain immigration statuses often inquire whether their derivative family members are permitted to work in the United States. Please refer below to the table of circumstances where derivative family members of nonimmigrants may apply for employment authorization from USCIS:

Status.      

Description.       

Dependent Status.     

Derivatives Authorized for Employment

B‑1

Temporary Visitor for Business. 

B‑2

None

E‑1

Treaty Trader

E‑1

Spouse

E‑2

Treaty Investor

E‑2

Spouse

E‑3

Australian Specialty Occupation Worker.

E‑3

Spouse

F‑1

Student

F‑2

None

H‑1B, H‑2A, H‑2B, H‑3.

Temporary Workers or Trainees. 

H-4

None*

I

Media Representative

I

None

J‑1

Exchange Visitor

J‑2

Spouse and children

K‑1

Fiancée of U.S. Citizen

K‑2

Children

K‑3

Spouse of U.S. Citizen

K‑4

Children

L‑1

Intracompany Transferee

L‑2

Spouse

M‑1

Student

M‑2

None

O‑1, O‑2

Alien with Extraordinary Ability

O‑3

None

P‑1, P‑1S, P‑2, P‑3, P‑3S.

Athlete, Artist, or Entertainer

P-4

None

R‑1

Alien in Religious Occupation

R‑2

None

T‑1

Victim of Trafficking

T‑2, T‑3, T‑4, T‑5

Spouse, children, parents and siblings

U‑1

Victim of Criminal Activity

U‑2, U‑3, U‑4, U‑5

Spouse, children, parents and siblings

TN

Professional under NAFTA

TD

None

To discuss the specifics of your case, please contact an immigration lawyer at May Law Group. We offer a free initial consultation. To speak to a May Law Group immigration lawyer please call 412-291-4400 (Pittsburgh); 215-880-4977 (Philadelphia) or 347-839-1700 (New York City). We represent clients from throughout the U.S. and around the world

*An H-4 dependent spouse can qualify for employment authorization if his/her spouse has an approved I-140 and is subject to per country visa limitations.