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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 to the table below of circumstances where derivative family members of nonimmigrants may apply for employment authorization from USCIS:

StatusDescriptionDependent StatusDerivatives Authorized
for Employment
B‑1Temporary Visitor for BusinessB‑2None
E‑1Treaty TraderE‑1Spouse
E‑2Treaty InvestorE‑2Spouse
E‑3Australian Specialty Occupation WorkerE‑3Spouse
F‑1StudentF‑2None
H‑1B, H‑2A, H‑2B, H‑3Temporary Workers or TraineeH‑4None
IMedia RepresentativeINone
J‑1Exchange VisitorJ‑2Spouse and children
K‑1Fiance of U.S. CitizenK‑2Children
K‑3Spouse of U.S. CitizenK‑4Children
L‑1Intracompany TransferreeL‑2Spouse
M‑1StudentM‑2None
O‑1, O‑2Alien with Extraordinary AbilityO‑3None
P‑1, P‑1S, P‑2, P‑3, P‑3SAthlete, Artist, or EntertainerP‑4None
R‑1Alien in Religious OccupationR‑2None
T‑1Victim of TraffickingT‑2, T‑3, T‑4, T‑5

Spouse, children,
parents and siblings

U‑1Victim of Criminal ActivityU‑2, U‑3, U‑4, U‑5Spouse, children,
parents and siblings
TNProfessional under NAFTATDNone


To discuss the specifics of your case, please contact an immigration lawyer at May Law Group. We offer a free initial consultation. From offices in New York City, and Pittsburgh and Philadelphia, Pennsylvania, we represent clients from throughout the U.S. and around the world.

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May Law Group, L.L.C.
One PPG Place
Suite 1600
Pittsburgh, PA 15222

Phone: 412-291-4400
Toll-Free 1-877-LAW-USIM
Facsimile: 412-291-4401
Pittsburgh Law Office

May Law Group, LLC
1515 Market Street
Suite 1200 
Philadelphia, PA 19102

Phone: 215-880-4977
Philadelphia Law Office

May Law Group, LLC
830 Third Avenue, 5th Floor
New York, NY 10022
Phone: 347-839-1700
New York Law Office

From offices in New York City, and Pittsburgh and Philadelphia, Pennsylvania, we represent clients from throughout the U.S. and around the world, including residents of West Virginia, western Pennsylvania, New Jersey, Atlanta, Delaware, eastern Ohio, Allegheny County, Germany, France, the United Kingdom, Asia, China, Australia, Africa, the Middle East, Central America, and South America. (NY, PA, NJ, DE, OH, UK, and worldwide)