F-2Dependent category
F-1 student spouses and children
May accompany or follow an F-1 student; no F-2 employment authorization. Study limitations apply, particularly to adult dependents.
Explore F-2 visa guidance ↗US immigration counsel · Spouses and children · Dependent visas
Dependent Visas for Spouses and Children
Bring your family together in the US—and understand the rules before you apply, travel, work or study. We assist with dependent visas, H-4 and J-2 work permits, L-2 spouse authorization, status changes and family travel planning.
Telephone or in-person consultations by appointment · Immigration representation nationwide
Find the appropriate category
Dependent visas by the principal's immigration status
Most categories cover a qualifying spouse and unmarried children under 21. The exact eligibility, permitted activities and validity period depend on the principal's status and the dependent's circumstances.
H-4Dependent category
H-1B and other qualifying H dependents
Spouses and unmarried children under 21; certain H-4 spouses of H-1B workers may qualify for an EAD.
Explore H-4 visa guidance ↗J-2Dependent category
J-1 exchange visitor dependents
A spouse or qualifying child can apply for an EAD; program sponsorship, DS-2019 documents and INA §212(e) require attention.
Explore J-2 visa guidance ↗L-2Dependent category
L-1 transferee spouses and children
Qualifying L-2 spouses generally have work authorization incident to status; children do not receive that benefit.
Explore L-2 visa guidance ↗O-3Dependent category
O-1 / O-2 dependents
Spouses and unmarried children under 21 may accompany the principal; O-3 status does not itself permit employment.
Explore O-3 visa guidance ↗TDDependent category
TN professional dependents
Spouses and unmarried children under 21 of TN workers; study may be possible, but TD status does not authorize employment.
Explore TD visa guidance ↗P-4Dependent category
P-1 / P-2 / P-3 dependents
Qualifying spouses and children may accompany performing artists, athletes or other P principals; employment is not authorized by P-4 status.
Explore P-4 visa guidance ↗R-2Dependent category
R-1 religious worker dependents
Qualifying family members of R-1 religious workers; plan extensions and school attendance, but no employment based solely on R-2 status.
Explore R-2 visa guidance ↗E-1/E-2/E-3Dependent category
Treaty trader, investor and E-3 professional families
Spouses may be work authorized based on valid E-1S, E-2S or E-3S status; children are not authorized to work based solely on dependent status.
Explore E-1/E-2/E-3 visa guidance ↗M-2Dependent category
M-1 vocational student spouses and children
M-2 dependents cannot work. Eligible K–12 children may attend school; postsecondary full-time study has restrictions.
Explore M-2 visa guidance ↗Employment authorization
Can a dependent spouse work in the US?
Work authorization is not the same for every dependent visa. Your status, marriage to the principal, Form I-94 and—in some categories—USCIS approval of Form I-765 matter.
H-4 EAD for certain spouses
Some H-4 spouses of H-1B workers qualify to apply for an EAD where the H-1B principal has an approved I-140 or a qualifying AC21 extension. Filing Form I-765 does not itself authorize work while an initial application remains pending.
H-4 EAD eligibility ↗L-2 spouse work authorization
Qualifying L-2 spouses generally are authorized to work incident to valid L-2 spouse status. An appropriately annotated L-2S Form I-94 can establish employment authorization for Form I-9 purposes; L-2 children do not have this authorization.
L-2S and Form I-94 ↗J-2 work permit applications
Eligible J-2 spouses and children may apply for employment authorization using Form I-765. Employment generally must await EAD approval, and J-2 income cannot be used to support the J-1 principal.
J-2 EAD and 212(e) ↗E-1S, E-2S and E-3S authorization
Qualifying E treaty trader, investor and E-3 spouses are generally employment authorized incident to valid spouse status. An appropriately annotated I-94 supports Form I-9 documentation; dependent children do not share this work benefit.
E spouse work rules ↗Categories without dependent work rights
F-2, O-3, TD, P-4 and R-2 status generally does not provide US employment authorization. A spouse who needs to work may have to qualify independently for another status or other lawful work authorization.
Review F-2 work restrictions ↗Not sure whether your spouse can start working?
We can review the dependent's actual status, I-94, EAD category, principal petition and employment timeline before work begins. Request an employment authorization consultation ↗
Study and school enrollment
Can dependent visa holders attend school?
School attendance and employment are separate immigration questions. Study rules vary, particularly for F-2 spouses and children.
F-2 spouse or child
F-2 children may generally attend K–12 school. F-2 adults face restrictions on full-time postsecondary study; a change to F-1 may be necessary before beginning a full course of study.
F-2 study guidance ↗H-4, L-2 and J-2
Many dependents in these classifications may study without first becoming F-1 students. The principal's continuing status, duration of stay and any J-1/J-2 home residence requirement can affect longer-term plans.
J-2 status and 212(e) ↗O-3, TD, P-4 and R-2
These dependents may generally pursue qualifying studies while maintaining their underlying status. Education alone does not grant permission to work.
TD study and status planning ↗E dependents and M-2 vocational student families
Qualifying E dependent spouses and children may generally attend school while maintaining their status. M-2 children may attend K–12 full time, but a full course of postsecondary study generally requires an appropriate change of status.
M-2 study restrictions ↗Children approaching age 21
Dependent eligibility can end when a child ages out or marries. Review education, change of status and future immigration options before eligibility expires.
Plan a child's status transition ↗Status changes and family travel
Extensions, Form I-539 and following to join
We assist families with immigration strategy both before travel from abroad and while already in the United States.
Discuss your family's filing strategy ↗Confirm the principal's status
Identify the qualifying relationship, the principal's approval or program documents, and whether the principal is maintaining the required status.
Review every I-94 and expiration date
Dependent stay is generally linked to the principal. Timely filings and the consequences of status gaps require individual analysis.
Choose consular processing or an in-country filing
Form I-539 is used for many eligible extensions or changes of status inside the US. A change of status approval is not a visa stamp for returning after foreign travel.
Plan travel, employment and education together
Review whether a pending application, intended employment or course of study affects the family's timing and eligibility before making arrangements.
A separate family visa pathway
Fiancé(e) and spouse visas: K-1, K-2, K-3 and K-4
K visas differ from employment, exchange or student dependent categories. They involve a qualifying US citizen petitioner and specific fiancé(e) or marriage-related requirements.
K-1Fiancé(e) of a US citizen↗ K-2Qualifying child of a K-1 applicant↗ K-3Qualifying spouse of a US citizen↗ K-4Qualifying child in a K-3 case↗
Seeking permanent residence through family sponsorship instead?
Explore family-based green cards ↗Marriage and family-sponsored green cards generally involve a different immigrant visa process, including Form I-130, adjustment of status or consular processing.
Experience and documentation
Legal guidance for the decisions that keep families together.
The Messersmith Law Firm has represented immigration clients since 2002. We can examine your family's records, prepare an appropriate filing strategy and advise on employment, study and travel consequences.
Common questions answered
Family and dependent visa FAQs
Answers based on the principal's classification, the dependent's individual immigration record and the purpose of the requested benefit.
Can a spouse of an E-1, E-2 or E-3 visa holder work in the US?
Qualifying E spouses generally are authorized to work incident to valid E dependent spouse status. Check the E-1S, E-2S or E-3S I-94 and Form I-9 documents. Children do not share this work benefit. Review E dependent visas ↗
Do E visa dependents need the principal's nationality?
An eligible E spouse or child generally need not have the principal's nationality, but must qualify as a family dependent and meet individual visa and admission requirements.
Can an M-2 dependent work or enroll in college full time?
M-2 status does not authorize employment. K–12 children may generally attend full time; postsecondary study is restricted, and a full-time course generally requires a proper status change before enrollment. Review M-2 requirements ↗
What is a dependent or derivative nonimmigrant visa?
It is a classification allowing qualifying family members to accompany or join a principal visa holder. Examples include F-2 for an F-1 student's family, H-4 for certain H workers' families and L-2 for L-1 families. Eligibility and duration depend on the category.
Can an H-4 spouse work in the United States?
Only an eligible H-4 spouse may obtain work authorization, generally by receiving an EAD under category (c)(26) when the H-1B principal satisfies specific immigration petition or AC21 requirements. H-4 status alone does not authorize work.
Does an L-2 spouse need an EAD to work?
A qualifying L-2 spouse is generally employment authorized incident to valid L-2 spouse status. An L-2S Form I-94 may serve as evidence of that authorization for Form I-9 purposes. A spouse may still elect to apply for an EAD.
Can a J-2 dependent apply for a work permit?
Eligible J-2 spouses and children can apply using Form I-765. USCIS requires supporting evidence, including J-1 and J-2 status documents. A pending initial application does not itself authorize employment.
Can F-2 spouses or children study full time?
F-2 children may attend K–12 school. F-2 adults have more limited postsecondary study options and generally need F-1 status before starting a full course of academic or vocational study.
Can I change to H-4, F-2, L-2 or TD without leaving the US?
Some eligible nonimmigrants can apply for a change of status using Form I-539. Eligibility depends on current status, filing deadlines, the qualifying family relationship and other circumstances. A USCIS status approval is different from a consular visa.
What happens if the principal visa holder loses their status?
Dependent status commonly relies on the principal continuing to qualify. A job loss, program ending, divorce or a child aging out may require prompt evaluation of change of status, grace-period or departure options, depending on the category and facts.
Are K visas the same as H-4 or L-2 dependent visas?
No. K-1 and K-3 are fiancé(e) and spouse categories connected to US citizen petitioners; K-2 and K-4 relate to eligible children. They have different requirements and permanent residence pathways from H-4, L-2 and other dependent classifications.
Can children in H-4 or L-2 status work in the US?
H-4 dependent children are not eligible for the H-4 spouse EAD benefit. L-2 dependent children are not employment authorized incident to their status as L-2 spouses are. A child who seeks employment needs a separate lawful basis for work authorization.
Does Form I-539 approval allow my spouse or child to return to the US after travel?
No. Approval of an extension or change of status inside the US is not a visa for international travel. Depending on nationality, immigration category and existing visa documentation, a dependent may need a visa from a US consulate before returning. Review the I-94, visa and travel plans before departure.
Less common derivative classifications
Diplomatic, international organization, media and CNMI dependents
These classifications have distinct eligibility rules and should not be confused with ordinary H, L, E, F or J dependent visas.
A and G families
Qualifying dependents of certain diplomats, government officials and international organization personnel may hold derivative A or G classifications. Employment rights may require separate authorization.
NATO families
Eligible family members of NATO personnel may qualify for an appropriate NATO classification. Employment and status documentation depend on the applicable arrangements.
I media dependents
Spouses and eligible children of foreign media representatives may qualify for I dependent visas. Dependent status does not by itself authorize employment.
CW-2 in the Northern Mariana Islands
Qualifying spouses and unmarried minor children of CW-1 workers may qualify for CW-2 classification in the CNMI. CW-2 status does not itself authorize employment.
Bring your family's immigration plan into focus
Speak with an immigration attorney about your family's next step.
Whether you need a visa for your spouse or child, an EAD, a change of status or help with travel and reentry, our firm can review your circumstances and the available options.