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.