Practice Areas

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:

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 Trainee H‑4 None
I Media Representative I None
J‑1 Exchange Visitor J‑2 Spouse and children
K‑1 Fiance of U.S. Citizen K‑2 Children
K‑3 Spouse of U.S. Citizen K‑4 Children
L‑1 Intracompany Transferree 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. 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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